8. Eliminarea prerogativei instanţei de a cenzura din oficiu partea din cheltuielile de judecată reprezentând onorariu avocaţial reprezintă o rezolvare eficientă a problemei cenzurării excesive a acestei părţi din cheltuielile de judecată?
8. Does the suppression of the Court’s ex officio prerogative to censorship the part of the legal costs representing attorneys’ fees properly address the problem of excessive censure of this part of court costs?
Author(s): Liviu Alexandru ViorelSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: censorship; ex officio; attorney's fee;
Summary/Abstract: This article represents a very brief analysis of the legal implications of the recently adopted Law on the amendment and completion of Law No. 51/1995 for the organization and practice of the lawyer profession, as well as for the amendment of art. 451 of Law No. 134/2010 on the Code of Civil Procedure (L.690/2023) by the Senate, in its’ capacity as first vested chamber. The article examines the reasons that gave rise to the envisaged amendments, the extent to which the amendments are likely to address the indisputable issue of excessive censorship of that part granted by the Court as legal costs, the deficiencies of the envisaged law, the procedural complications arising from the distortion of second appeal’s features, and also possible other alternative ways of addressing of the said problem.
Journal: Revista Română de Jurisprudenţă
- Issue Year: 2023
- Issue No: 04
- Page Range: 400-412
- Page Count: 13
- Language: Romanian
- Content File-PDF
