Condiţiile de validitate ale actului de procedură – o sistematizare. II. Condiţii de fond ale actelor jurisdicţionale. Condiţii subiective şi condiţii obiective. Elemente structurale
Conditions of validity of the procedural act – a systematization. II. Substantive conditions of jurisdictional acts. Subjective and objective conditions. Structural elements

Summary/Abstract: This paper is a continuation of a series of considerations dedicated to the theory of procedural acts. Since 2013, the Romanian Civil Procedure Code explicitly refers (in Article 174) to the legal requirements of procedural acts. It further states that these requirements may pertain to substance or form. However, recent doctrinal writings have not addressed these concepts. This is puzzling, given that a procedural act carried out in violation of legal requirements is subject to the sanction of nullity, which deprives the act of its effects. To paraphrase – nullity sanctions do not tolerate approximations. Nevertheless, civil procedural law from other legal systems, earlier Romanian legal literature, as well as other branches of law (administrative law, substantive private law), provide reference points that allow us to organize a series of conceptual clarifications and a structuring of this subject matter.

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