Exonerarea pârâtului de plata cheltuielilor de judecată. Corelarea art. 454 C.proc.civ. cu art. 1.522 alin. (5) C.civ.
The Exemption of the Defendant from the Payment of Legal Costs. Correlation between Article 454 of the Code of Civil Procedure and Article 1.522 Paragraph (2) of the Civil Code

Summary/Abstract: Both Article 454 of the Code of civil procedure and Article 1.522(5) of the Civil code regulate the exemption of the defendant from the payment of legal costs in situations where the claimant initiates litigation without first having placed the defendant in default or where the defendant is not automatically in default, which raises the issue of correlating these two legal provisions. In order to establish the relationship between the two texts, the conditions under which each of them becomes applicable are analysed in two separate sections, thereby implicitly delineating their respective fields of application. It will follow from the present paper that there are situations in which the defendant may rely on both legal provisions in order to obtain exemption from the payment of legal costs, just as there are cases in which only one of them may be applied. More importantly, however, is the conclusion regarding the type of relationship existing between the two texts, which is one of coexistence rather than exclusion of one in favour of the other.

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