8. Lipsa capacităţii de folosinţă a părţii. Motiv de nelegalitate de ordine publică
8. Lack of standing under the law of the party. Ground of public order illegality

Summary/Abstract: In relation to the provisions of Article 412 para. 1 item 1 of the Code of Civil Procedure, the suspension by law of the trial occurs at the time of death of the party, as the court is required either to find this situation on time, or to grant a deadline in order to enter the heirs in the respective legal action, since the provisions of para. 2, which allow the ruling on if the death occurred subsequently to closing the debates, shall not be applicable. The suspension of the trial in this case operates no matter whether the court is aware or not of the party’s death, precisely as a result of the fact that the legal rules regarding the capacity to pursue the proceedings are rules of public order, and the consequence is that all procedural documents concluded subsequently to the party’s death and in relation thereto are null and void.

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