Aspecte de natură teoretică şi practică privind anularea cererii de chemare în judecată
Theoretical and practical aspects regarding the annulment of the sue petition

Summary/Abstract: The present study examines the theoretical and practical aspects of the annulment of the sue petition. Such an analysis treats a topical issue, outlined at the level of civil proceedings as a sanction applicable as a result of non-compliance with the requirements provided by law in case of filing a lawsuit. Unlike the case-law analysis, which includes the unitary opinion on the need to comply with legal requirements, at the doctrinal level two opinions were formulated regarding the annulment of the sue petition: on the one hand, it is considered that the annulment represents a requirement of the law, which achieves a balance at the level of the civil process, and on the other, hand the sanction is considered to be overzealous in civil procedural matters.

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