Secţiunea I. Drept civil şi drept procesual civil Despre decăderea procesuală civilă
Section I. Civil and Civil Procedural Law Reflections on Procedural Forfeiture in Civil Litigation

Summary/Abstract: Civil procedural forfeiture, addressed in Article 185 paragraph (1) of the Romanian Code of Civil Procedure, raises several issues regarding its nature, effects, and invocation. In search of answers, we will trace the path of the civil procedural subjective right from its inception to its forfeiture, with analyses of the procedural subjective right itself, the procedural deadline, and the procedural act. The arguments will lead to the conclusion that the rules establishing procedural deadlines are, as a rule, a matter of public policy; therefore, forfeiture can be raised by the court ex officio, while the nullity of any act performed after the deadline is a direct consequence, ensuring the effectiveness of the forfeiture. These two legal institutions are in a relationship of interdependence, mutually influencing their legal invocation regimes.

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