4. Stay of proceedings according to art. 242 paragraph (1) item 2 of the Code of Civil Procedure of 1865. Application for reinstatement, lodged by the complainant. Effects upon the counter-claim Cover Image
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4. Suspendarea judecăţii cauzei conform art. 242 alin. (1) pct. 2 C. pr. civ. 1865. Cerere de repunere pe rol a cauzei, formulată de reclamant. Efecte asupra cererii reconvenţionale
4. Stay of proceedings according to art. 242 paragraph (1) item 2 of the Code of Civil Procedure of 1865. Application for reinstatement, lodged by the complainant. Effects upon the counter-claim

Author(s): Lucia Paulina Brehar
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: reinstatement of proceedings; Civil Procedure Code; suspension under art. 242; reopening of debates;

Summary/Abstract: According to art. 245 item 1 of the Code of Civil Procedure, the proceedings shall start by the application for reinstatement lodged by one of the parties, when suspended itself by leave of absence or because of their absence. If the court of first instance decided, according to art. 242 para. (1) item 2 of the Code of Civil Procedure, to stay proceedings of the main case and of the counter-claim – in relation to which the court did not decide the severance of causes, however it deemed it was necessary to hear the case together with the main case – the application for reopening the debates regarding the case stayed, formulated by any party, shall be advantageous for everybody, so that the solution of the court to reinstate the main case, as well as the counter-claim upon the application for reopening the proceedings lodged by the complainant, shall be correct.

  • Issue Year: 2015
  • Issue No: 03
  • Page Range: 36-40
  • Page Count: 5
  • Language: Romanian
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