General provisions concerning the judicial decision in the New Code of civil procedure Cover Image
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Dispoziţiile referitoare la hotărârea judecătorească în Noul Cod de procedură civilă
General provisions concerning the judicial decision in the New Code of civil procedure

Author(s): Claudia Roşu, Adrian Fanu-Moca
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: name of the court orders; content of the court orders; issuing and signing of the order; communication of the order; effects of the judgement.

Summary/Abstract: In the new Rules of civil procedure, compared to the old version, there are characteristics of a court order explained better. In this respect the name of the court orders is established according to the degree of the court which pronounces in that case. For example, the order through which the court (which hierarchically is the first of the courts), solves the appeals against the orders of the authorities of public administration with jurisdictional activity and of other authorities with such an activity, in the cases provided by law, is called sentence. The content of the court order is expressly specified. Thus the order will include: introduction, consideration and purview. The communication of the court order takes place, no matter if there is an appeal made or not. The order will be communicated ex officio to the parties, even if it is final. The effects of the court order are clearly stated: release of the court; res judicata; binding power; probative force; obligatoriness and bindingness. The court order is the final act of judgement, it was a necessity to have a coherent and precise regulation, which represents the corollary of the court activity.

  • Issue Year: 2013
  • Issue No: 01
  • Page Range: 122-133
  • Page Count: 12
  • Language: Romanian