6. Tempus regit actum. Normă juridică ce a căzut în desuetudine. Nemotivare – motiv de casare cu trimitere
6. Lapsed legal rule. Lack of motivation - reason for disposal with reference

Summary/Abstract: The fact that a judicial norm is repealed at some point in time does not entail de plano the lapse of the norm concerned for the period of time prior to the repeal; but the said judicial norm shall apply as per the tempus regit actum principle. Thus, under para. 2 of article 6 of the civil Code (CC), „juridical documents and deeds signed or, if applicable, committed or occurred before the entry into force of the new law cannot produce juridical effects other than those provided by the law in force at the date of their signing or, where appropriate, at the date of commission or occurrence thereof”. Since this is a legal situation carried out in full, and which has totally entered effect before the entry into force of the new civil Code, namely, a facta praeterita, article 68 of the commercial Code was in force, was producing effects, and the party was required to comply with the cumulative conditions this text was imposing for the validity of the co-active enforcement. A judicial norm shall be deemed lapsed when, although formally still in force, given the change in the social and economic terms preceding its appearance, the norm concerned fails to further apply. This way to terminate judicial norms activity is also called the obsolescence or aging of the norm and requires the cessation of its basis, of its reason of existence. For the ruling to be considered substantiated, the court must indicate the nature of the social and political change which cancels the reason of existence of Article 68 of the commercial Code. The fact that the court did not replied to the arguments concerning the co-active enforcement procedure and removed article. 68 of the commercial Code from application, without giving any reasons, and that the court failed to explain why it deems that norm obsolete, requires the disposal of the appealed sentence under article. 304 section 7 of the civil procedure Code.

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