9. Despre invocarea decăderii în procesul civil
9. On the invocation of the forfeiture in civil proceedings
Author(s): Andreea TabacuSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: civil procedure; forfeiture of the procedural right; legal regime; invocation; conditions;
Summary/Abstract: The Code of Civil Procedure does not regulate the conditions for invoking forfeiture of a procedural right, unlike the Civil Code, which contains important rules on invoking forfeiture of a subjective civil right. An incursion into the specialized literature and case law attempts to provide a clear picture of the conditions for invoking a limitation in civil proceedings, which is difficult because the essential criterion according to which the rules of invocation are distinguished, namely the interest protected, is a sensitive one, which provides an opportunity to present possible interpretations that serve judicial practice.
Journal: Revista Română de Jurisprudenţă
- Issue Year: 2025
- Issue No: 04
- Page Range: 367-380
- Page Count: 14
- Language: Romanian
- Content File-PDF
