Secţiunea V. Aspecte de practică neunitară Rezolvarea unor probleme de drept procesual civil apărute în practica instanţelor judecătoreşti
Section V. Issues of Divergent Case Law The Resolution of Certain Issues of Civil Procedural Law Arising in Judicial Practice

Summary/Abstract: The article examines five distinct issues of civil procedural law that were debated during seminars organized by the Courts of Appeal in cooperation with the National Institute of Magistracy, with the aim of contributing to the harmonization of case law. Two of the legal issues concern: the procedural measure that may be ordered by the court where a party fails to pay the fees of the court appointed expert entrusted with carrying out an expert examination ordered ex officio, the request for the "recusal" of a party appointed consulting expert and the scope of application of Article 451(3) of the Romanian Code of Civil Procedure. The remaining issues address: the time limit for an appellant to invoke grounds of public policy, the determination of the starting point of the time limit for filing an appeal where the judgment was returned to the court file due to a change, during the proceedings, in the address designated for service upon a party and the appellant’s right to rely, on appeal, on a different limitation period governing the extinctive prescription of the substantive right of action than that invoked before the court of first instance.

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