8. Conflict negativ de competenţă. Invocarea excepţiei necompetenţei teritoriale. Condiţii şi efecte
8. Negative conflict of jurisdiction. Raising a plea of lack of territorial jurisdiction. Conditions and effects

Summary/Abstract: According to art. 130 paragraph (3) of the NCCP, the private order lack of jurisdiction may be raised only by the defendant through a complaint or, in case the complaint is not compulsory, the latest on the first hearing date when the parties are legally summoned before the court of first instance. If the defendant did not raise the plea of lack of territorial jurisdiction, under the conditions provided in art. 130 paragraph (3) of the NCCP, the court has to find its jurisdiction, not being capable of raising it ex officio, as the law set forth that the plea of lack of relative territorial jurisdiction be available only to the defendant, but not to the court for appreciation purposes.

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