IV. MECANISME DE UNIFICARE A PRACTICII JUDICIARE I. Întrepătrunderea dreptului material cu dreptul procesual prin soluţiile jurisprudenţiale obligatorii
IV. MECANISMS FOR UNIFICATION OF THE COURT PRACTICE I. The intertwining of substantive law with procedural law through mandatory jurisprudential solutions

Summary/Abstract: Judicial practice, whether it is considered that of ordinary law, or the official and binding decisions through the mechanisms of unification of jurisprudence, rarely expressly recognizes the confluence of substantive law with procedural law, although this represents an inherent and generally assumed premise. Even if, as a rule, the issues of substantive law and those of procedural law are analyzed independently, the indissoluble link between the two matters generates reciprocal influences, sometimes express, sometimes subtle. For example, the connection between the Civil Code and the Civil Procedure Code is evident in the case of prescription of the right to obtain forced execution in the case of a mortgage or when analyzing the determination of the court’s jurisdiction according to the type of substantive right claimed, as is the case of actions based on the provisions of art. 253 C. civ. Other times, the link is much more subtle, but nevertheless present: the existence of the dismemberments of the legal person influences the territorial jurisdiction of the court; the payment made by the debtor may lead to the abolition of the precautionary or enforcement measures; Non pecuniary personal rights may interfere with the evidence consisting of the recording of a telephone conversation, just as in the case of granting material and/or moral damages to cover the damage caused by the commission of an unlawful act, the legal penalty interest is calculated from the date of the damage, and not from the request for summons or the final decision of the court. Thus, a conditioning that comes from substantive law to procedural law is observed in such a way that the connection between the Civil Code and the Code of Civil Procedure, even when it is not obvious, remains undoubted, and these aspects stand out from the selection of jurisprudential benchmarks offered by the High Court of Cassation and Justice.

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