Perimarea instanței, evoluțiile aplicării sale în noul Cod de procedură civilă și carențele legii
Author(s): Cristina Elena Popa Tache
Time limitation in a suit of the court, evolutions of its application in the new Civil Procedure Code and the deficiencies of the law
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: time limitation in a suit; Civil Procedure Code; constitutionality; suspension under Law No 10/2001.
Summary/Abstract: Respecting equality of rights, as well as obligation of non-discrimination, assumes taking in consideration the treatment that the law provides to those to whom it applies during the period in which its regulations are in force, legal treatment that cannot be different. This paper presents a very serious problem to be debated, for the resolution of which the solution consists in the analysis of the constitutionality and/or deficiencies of the law in relation to Article 3 of Law No 76/2012 for the implementation of Law No 134/2010 on the Civil Procedure Code, in particular in the situation of the Court being subject to time limitation in a suit in respect to Article 46 (1) of Law No 10/2001 regarding the legal status of buildings abusively appropriated between 6 March 1945–22 December 1989 (by which the suspensions can last indefinitely without becoming outdated, in the regulation of the old Civil Procedure Code). Further to be verified if the principle of non-retroactivity of civil procedure law – referring to the civil action being subject to time limitation in a suit – is compatible with Article 6 of the ECHR Convention that guarantees the right to a fair trial, and if individuals who are judged under the old law are discriminated against in relation to those who are judged under the rule of the new law and to which the privilege special time limitation in a suit within 10 years applies.
Journal: Revista „Dreptul”
- Issue Year: 2017
- Issue No: 06
- Page Range: 80-88
- Page Count: 9
- Language: Romanian
- Content File-PDF