Service by publication. The need for the effective presence at the trial of the special curator to represent the interests of the party summoned by publicity Cover Image

Citarea prin publicitate. Necesitatea prezenței efective la proces a curatorului special desemnat pentru a reprezenta interesele părții citate prin publicitate
Service by publication. The need for the effective presence at the trial of the special curator to represent the interests of the party summoned by publicity

Author(s): Alexandra-Maria Nica
Subject(s): Civil Law
Published by: Școala Națională de Grefieri
Keywords: summon through publicity; presence of the curator specially appointed to represent the party summoned through publicity; postponement of judgement; the right to a fair trial;

Summary/Abstract: The ongoing trial cannot be impeded from carrying on by the presence or absence of the curator specially appointed to represent the party summoned through publicity. It is sufficient for the court to carry out the summoning procedure with the curator for each term, in compliance with the legal provisions. The presence of the special curator is necessary in those situations where, in relation to the concrete circumstances of the case, in order to guarantee compliance with the right to a fair trial of the party summoned through publicity, in the exercises of the prerogatives prescribed by art. 80 para. 4 C.pr.civ., the court establishes the obligation for the special curator to appear at the trial as an attribute of the judicial representation that he was appointed to perform.

  • Issue Year: 1/2022
  • Issue No: 5
  • Page Range: 3-12
  • Page Count: 10
  • Language: Romanian