CONDUCT OF CIVIL PROCEEDINGS

CONDUCT OF CIVIL PROCEEDINGS

,,Anyone who is interested may intervene in a cause that is among other people. Quot”[1].


[1] Art. 49 para. (A) Code of Civil Procedure);

General issues relating to the participants in the civil trial.

The entire settlement process involving civil, of necessity, the existence of participants in judicial activity, that of state authorities and individuals. Authorities and persons participating in the trial are called procedural[2].

Promordial role in the judicial activity of the court is acting in the course of civil authority as a state that specializes in the distribution business of justice. The judicial authority carries out its prerogatives on the basis of democratic principles, and its autonomy in relation to other public authorities with the purpose of contributing to the achievement of impartial justice[3].

The birth process involves the existence of any person due to the failure of claims they have against each other amicably, should address the court. Those who initiate a dispute concerning a right to resolve that is necessary to address the court numescpărţi. Any dispute thus involves the participation of at least two parties with conflicting interests, namely: to make a claim (the plaintiff) and[4].

In the course of the trial and can also support, and others. It is primarily cazulterţilor can participate in judicial activity, either because their own initiative or at the initiative of the principal parties. Once introduced in the process become parts of third parties[5].

Proposed legislative solutions for New Code procedurăcivilă A. General principles of civil legislation The new Code of Civil Procedure will govern for primadată expressly fundamental principles to be civilian săguverneze the process, which have their origins ailments Romanian Constitution, republished, and of some acteinternaţionale to which Romania is party, the most important human rights fiindConvenţia and libertăţil orfundamen[6].

The need to develop a new procedural law governed by the procedural system civileActualul procedurăcivilă code, subject to frequent legislative intervention on diferitelorinstituţii led to inconsistent application and interpretation, no decoherence, the civil procedure law, with repercussions on the length, effectiveness and purpose of the act justice.

There was thus a procedural system thinking civilmodern need to meet the imperatives of justiţiimoderne operation, adapted to social expectations and to increase calităţiiactivităţii this public service. To this end, the concept of the New Civil Code deprocedură must leave the current goals, means and forms precumaccesul individuals accesibile simple procedures and expedite proceedings. This is because the administration of public service.

The work of drafting the new code is necessary to consider the views of modern fiavute procesuluicivil deployment, role and responsibilities of participants in this process center is, of course, concern for the recognition and clarification, within optimal and predictable legitime deduse trial rights and interests.

The legislature has regulated the procedure for conducting the first instance of civil and commercial matters in civil and commercial matters in Articles 109-281 of the Code of Civil Procedure. The parties addressed the civil trial court relying on a law enforcement case, indicating its wish to move the purposes of civil proceedings, with the initiative process is an applicant. Defending the civil trial, belongs to the defendant, which may choose between keeping an attitude[7].

Stages civil lawsuit begins by placing a request by the applicant of the proceedings, which must include elements specified in Art. 112 Civil Procedure Code., Be accompanied by proof of payment of stamp duty and stamp duty under the law, joining the many copies of the application how many defendants are.

Application of the proceedings shall be lodged by the applicant in person or by attorney lawyer lawyers to file the proxy solicitor or agent, the attorney for this purpose or by mail. Exceptions to this rule is the application for divorce, to be submitted personally by the applicant. On receipt of summons, the judge will determine if this service meets the requirements of law. The applicant will complete the request immediately[8].

If the application has been received by mail, the applicant will be informed in writing of its shortcomings, noting that, within the time granted to make additions or changes are necessary. Granting the above time period shall in all cases, except that failure to complete this term obligations or changes in demand may result in suspension of the trial, according to art. 155 Civil Procedure Code. As soon as the conditions provided by law for[9].

If the application has been received by mail, the applicant will be informed in writing of its shortcomings, noting that, within the time granted to make additions or changes are necessary. Granting the above time period shall in all cases, except that failure to complete this term obligations or changes in demand may result in suspension of the trial, according to art. 155 Civil Procedure Code. As soon as the conditions provided by law for[10].

The defendant may, however, and an offensive attitude in the civil trial, by formulating a counter-claim, which raises its own claims against him. The counterclaim must meet the conditions for application for summons to be accompanied by proof of payment of stamp duty and stamp and submitted along with meeting or, if the defendant is not liable for defense, not later than the first day appearance. When the applicant has modif[11].

In case of applications for voluntary intervention of third parties in the civil trial, we note the following:

• Home benevolent intervention application will be made in the manner prescribed by law for actions on the court. This request may be made only at first instance and before closing the debate, however, with the approval of the parties, intervention and self-interest is on appeal[12];

• The application for ancillary voluntary action can be made anytime during ju;

Regarding the claims of interference, said:

• The application for a summons calling other people and demand the guarantee made by the applicant shall be submitted no later than close the debate before the first instance.

• The defendant made the same request shall meet once, and when the meeting is not required, applications will be submitted no later than the first day of hearings.

On the first day of hearings, parties may commit certain acts of civil procedure:

• the applicant may request the court to grant an application deadline for completion and alteration of the proceedings;

• The applicant can submit evidence that it considers necessary, if not He indicated the request of the proceedings, or may propose new evidence;

• the applicant, if the defendant filed a counterclaim, may require time to lodge a defense and evidence suggests;

• can show the defendant intends to exercise that claim, and evidence which would be administered;

• the defendant may require the introduction of third parties in the form of calling other people on trial, calling the security or the revelation of the right holder . In the dispute, the court can not resolve the case before trial only on the allegations of the parties, but must build confidence and to make its decision based solely on the evidence[13] .

In connection with the taking of evidence, the trial must meet three times: sample proposal, approval, and their administration. The proposal is evidence by the applicant in the application of summons and the defendant through the screen or at the latest, the first day of hearings. Nepropunerea evidence in these conditions will lapse draws parts of the right to request samples, except in cases where the need is clear from the debate and the evidence could not have[14].

Sample declaration is made exclusively by the court. Administration is evidence before the court in the order settled by it and before the debates on the merits, with the legal provisions (ie, has been declared a local research, expert witnesses or evidence, the party proposed a is obliged within five days of declaration, to submit the amount settled by the court for research expenses, road and[15].

After taking evidence, the parties will draw conclusions on the merits. When the court will consider elucidated, the President shall declare the debate closed, the court withdrew for deliberations. At the request of the parties and in need of time to deliberate, the court may defer the submission of conclusions given in writing, if the court finds a need for new explanations, because the role can be called[16].

 

 

 

 

BIBLIOGRAPHY


Beleiu, George, Civil Code – Roman Civil;  Ed Chance, Bucharest, 2002;

Statescu, Constantin, Barsan, Corneliu, The general theory of obligations;, Ed AllBeck – main real rights;

Francis Deak, Corneliu Barsan, Ed. AllBeck; special contracts;-, Legal Publishing House, 2001;

IDEM, Treaty law of succession; -, Legal Publishing House, 2001;

Romanian Constitution, republished in Official Gazette no. 767 / 31 October 2003;

European Convention on Human Rights – Case Vasilescu v. Romania, published in Official Gazette no. 637 / 27 December 1999;

Case Petra v. Romania, published in Official Gazette no. 637 / 27 December 1999

Case Dalban against Romania, published in Official Gazette no. 277 / 20 June 2000;


[1] Art. 49 para. (A) Code of Civil Procedure);

[2] Case Dalban against Romania, published in Official Gazette no. 277 / 20 June 2000;

[3] Constantin Statescu, Corneliu Barsan, The general theory of obligations; -, Ed AllBeck – main real rights, p. 123;

[4] Univ. Dr. George Beleiu,  Civil Code – Roman Civil;  Ed Chance, Bucharest, 2002, p. 45;

[5] Romanian Constitution, republished in Official Gazette no. 767 / 31 October 2003;

 

[6] Constantin Statescu, Corneliu Barsan, The general theory of obligations, p. 128;

[7] Univ. Dr. George Beleiu, Civil Code – Roman Civil…, p. 48;

 

[8] Case Petra v. Romania, published in Official Gazette no. 637 / 27 December 1999;

[9] Univ. Dr. George Beleiu, Civil Code – Roman Civil…, p. 47;

[10] Constantin Statescu, Corneliu Barsan, The general theory of obligations…, p. 89;

[11] Univ. Dr. Francis Deak, Treaty law of succession; -, Legal Publishing House, 2001;

[12] European Convention on Human Rights – Case Vasilescu v. Romania, published in Official Gazette no. 637 / 27 December 1999;

[13] Univ. Dr. George Beleiu, Civil Code – Roman Civil…, p. 49;

[14] Constantin Statescu, Corneliu Barsan, The general theory of obligations…, p. 123;

[15] Univ. Dr. Francis Deak, Corneliu Barsan, Ed AllBeck; special contracts;-, Legal Publishing House, 2001, p. 129;

[16] Univ. Dr. George Beleiu, Civil Code – Roman Civil…, p. 47;

 

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