V. CASELAW OF THE CONSTITUTIONAL COURT OF ROMANIA Forfeiture in the Civil Code and the Code of Civil Procedure. References from the case law of the Constitutional Court of Romania Cover Image
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V. JURISPRUDENŢA CURŢII CONSTITUŢIONALE A ROMÂNIEI Decăderea în Codul civil şi în Codul de procedură civilă. Repere din jurisprudenţa Curţii Constituţionale a României
V. CASELAW OF THE CONSTITUTIONAL COURT OF ROMANIA Forfeiture in the Civil Code and the Code of Civil Procedure. References from the case law of the Constitutional Court of Romania

Author(s): Marieta Safta
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: forfeiture; constitutional case law; access to justice; fair trial guarantees; legal certainty;

Summary/Abstract: The present study provides benchmarks of constitutional case law concerning the institution of forfeiture, both in substantive civil law and in civil procedural law. The selected practice highlights the way the Constitutional Court of Romania has shaped the constitutional limits of the sanction of forfeiture in relation to the right of access to justice, the right to defense, and the requirements of the right to a fair trial. The analysis reveals consistent case law recognizing forfeiture as a legitimate instrument of legal discipline, justified by the need to ensure procedural efficiency, legal certainty, and the protection of superior interests acknowledged by law.

  • Issue Year: 2025
  • Issue No: 04
  • Page Range: 184-191
  • Page Count: 8
  • Language: Romanian
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