Despre teoria estoppel sau noi instrumente de filtrare a acţiunilor în justiţie
About estoppel theory or new filtering instruments of the court actions

Summary/Abstract: This study proposes a synthetic presentation of one institution of the Anglo-Saxon law – estoppel – which is barely known by the Romanian lawyers,but which gives rise to an increase interest in the French case law and doctrine, where it penetrated through the agency of the international arbitration and of the international private law disputes. Moreover, “estoppel” was granted textual assistance in France in the arbitration field by the amendments brought to the French Code of Civil Procedure in the year 2011. The estoppel rule is connected to the interdiction principle of self-contradiction („no one can contradict himself to the other’s detriment”), to the principle of loyalty of the debates and of the procedural coherence, being classified as a possible new filtering instrument of the claims submitted to the courts of law. Starting with the origin and definition of the concept in the Anglo-American law, I explained significant test cases of the last 6-7 years of France, as well as the complex analysis carried out by the famous experts of the French law for the purpose of formulating a new guiding principle of the civil proceedings and of finding an adequate legal regime. Likewise, I examined (not in an exhaustive manner) the instruments that the New Romanian Code of civil procedure provides for the observance of certain modern principles such as the loyalty and procedural coherence. Thus, in the circumstances of the intention to internationalize the civil proceedings, of a certain legal “ecumenism”, expressed even by the French Court of Cassation, we consider that it’s worth to draw our attention also to the estoppel theory which – apparently! – will develop a “career” in the Roman-German systems of law, as well.

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