4. Regulation of a different procedure in the event of a negative conflict of jurisdiction arising from the issuance of a settlement in an action in the interest of the law – Proposal for a law Cover Image
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4. Reglementarea unei proceduri distincte în cazul intervenirii unui conflict negativ de competenţă ca urmare a pronunţării unei soluţii în cadrul unui recurs în interesul legii – Propunere de lege ferenda
4. Regulation of a different procedure in the event of a negative conflict of jurisdiction arising from the issuance of a settlement in an action in the interest of the law – Proposal for a law

Author(s): Ioan Mircea David
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: conflict of jurisdiction; the role of the court; mandatory rules; court decision; malpraxis;

Summary/Abstract: Civil procedural legislation must be constantly changing, depending on the legal situations that the entire system is facing. The existence of legal rules applicable in most situations should not lead to the conclusion that exceptions would not be a way of resolving legal situations involving simplified procedures. One of the situations that the legislator should consider when deciding to introduce exceptional rules in the field of conflict of jurisdiction concerns the case where jurisdiction was established prior to the time when the regulator was appointed, By a decision of the High Court of Cassation and Justice, following the promotion of an appeal in the interest of the Law.

  • Issue Year: 2022
  • Issue No: 03
  • Page Range: 328-333
  • Page Count: 6
  • Language: Romanian
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