XIII. VARIA  The imprint of temporality in the determination of the competent court to resolve the request for securing the evidence Cover Image
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XIII. VARIA Amprenta temporalităţii în determinarea instanţei competente să soluţioneze cererea de asigurare probelor
XIII. VARIA The imprint of temporality in the determination of the competent court to resolve the request for securing the evidence

Author(s): Liviu Alexandru Viorel
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: material jurisdiction; securing of proofs; main path; main claim;

Summary/Abstract: The present article aims to identify the method of application of the criterion for the determination of the competent Court to adjudicate the request for securing the proofs in the dynamics of lodging the binomial requests, i.e., the request for securing evidence and, respectively, the main claim. Two specific questions seek their answer in the present article: (i) lodging of the main application only a few days after the time of formulation of the application for securing of evidence could justify adjudication of the application for securing of proofs by the Court subsequently vested with the main claim? and (ii) is it possible to use the temporal criterion per hour(s) from the perspective of lodging of the two applications for the purpose of determining competence?

  • Issue Year: 2024
  • Issue No: 02
  • Page Range: 405-409
  • Page Count: 5
  • Language: Romanian
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