CITAREA ȘI COMUNICAREA ACTELOR DE PROCEDURĂ PRIN METODE MODERNE ÎN LUMINA CODULUI DE PROCEDURĂ CIVILĂ
SERVICE OF PROCEDURAL DOCUMENTS BY MODERN METHODS IN THE LIGHT OF THE CODE OF CIVIL PROCEDURE

Summary/Abstract: As society continues to evolve, presenting new challenges, the law needs to be adapted in order to remain relevant and effective. The relationship between law and social reality is characterised by a dynamic and mutually influential nature, in which each of the two shapes the other. Thus, even though e-mail appeared more than half a century ago, the Romanian legislator and jurisprudence have been reluctant to grant full powers to this modern communication mechanism in matters of summons and communication of procedural documents. A necessary yet timid attempt of Romanian law to keep pace with the rapid technological progress characteristic of our days is noted in the Code of Civil Procedure by the introduction of specific provisions expressly regulating the communication of procedural documents by e-mail, fax or other remote communication mechanisms. Such legislative adjustments are intended to build a regulatory framework that gives judicial practice a chance to keep pace with the pace of everyday communication. This paper traces how communication of procedural documents have evolved in the context of modern electronic means of communication, highlighting legislative shortcomings and potential solutions.

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