Rămânerea cauzei în nelucrare din motive imputabile părţii condiţie a perimării. Dificultăţi practice în situaţia nelegalităţii încheierii de suspendare
The Inactivity of Proceedings Due to Reasons Attributable to the Party. Practical Difficulties in the Situation of Unlawful Order to Stay the Proceedings

Summary/Abstract: In examining the regulation of abatement as possessing the legal character of a procedural sanction triggered by the failure to observe the requirement of continuity between procedural acts, where such failure is attributable to the party interested in pursuing the proceedings, the assessment of the fulfilment of this condition becomes essential for the application of the sanction of abatement. The present article seeks to analyse the theoretical and practical challenges arising in the evaluation of this condition in circumstances where the absence of fault on the part of the litigating party, with respect to the inactivity of the case, may subsist even from the moment the proceedings are suspended. This issue is further nuanced by the fact that the legislator has also established a distinct procedural mechanism for reviewing the legality of the suspension order, namely the remedy of appeal (recourse) available against such interlocutory ruling.

• Details
• Contents