Procedura verificării prealabile a cererii de chemare în judecată şi cererea de reexaminare
Preliminary procedure verification of the request of summons and the request for reexamination
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: petition to sue; verification of the petition; irregularities; invalidity; request to review the decision of annulment; forms of the review; order of the review.
Summary/Abstract: The reinstituted proceedings in a resized and increased form, according to the provisions of art. 200 of the Civil Procedure Code. is a remarkable normative expression of the dialectic relationship between the court and the applicant of the petition to sue, in order to facilitate its effective access to justice. This procedure, essentially stimulating and positive, but sometimes likely to have a result diametrically contrary to the genuine purpose for which it was reinstituted, includes in its own structure and procedural required remedy - the request for a review. “The request for a review” in the civil trial is a procedural essential, original and autonomous instrument, capable of putting into practice in the situations where the law itself provides it simply because other such tools are not able or are not appropriate in the circumstances of those situations. It is neither a procedural novel institution, nor a “venerable” one. It is a relatively new institution, which has become more prominent according to the provisions of the present Civil Procedure Code. Below, we proposed to make a theoretical synthesis of the preliminary procedure for checking the petition to sue and the request for review, as well, as concerns the latter not only to reveal its crucial elements, but also to mark its various forms of objectification.
- Issue Year: 2014
- Issue No: 01
- Page Range: 23-47
- Page Count: 25
- Language: Romanian