Some Considerations on Limitations in Exercising 
the Right of Access to a Court during the Trial Phase. Procedural Deadlines and Conditions for the Admissibility of Legal Action Cover Image

Unele consideraţii limitări în exercitarea dreptului de acces la o instanţă de judecată în faza de judecată. Termenele procedurale şi condiţiile de admisibilitate ale acţiunii în justiţie
Some Considerations on Limitations in Exercising the Right of Access to a Court during the Trial Phase. Procedural Deadlines and Conditions for the Admissibility of Legal Action

Author(s): Nicolae Sergiu Cârlan
Subject(s): Court case
Published by: Universul Juridic
Keywords: inadmissibility; procedural deadlines; statute of limitations; right of access to a court; guarantees.

Summary/Abstract: Regarding the Right of Access to a Court, the establishment of procedural deadlines within which this right must be exercised may constitute a limitation, yet it is determined by the necessity of ensuring a secure environment for civil legal relations. On the other hand, the conditions of admissibility set forth by the legislator for the resolution of legal actions do not, in themselves, constitute a denial of access to justice. It is the exclusive prerogative of the legislative power to establish the rules governing civil proceedings. Through this study, we aim to highlight certain theoretical and practical aspects related to the limitations imposed, with reference to national legislation, the case law of courts, and elements of comparative law.

  • Issue Year: 2024
  • Issue No: 2
  • Page Range: 74-91
  • Page Count: 17
  • Language: Romanian
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