Potențialul de deturnare a scopului reglementării unei instituții: Cererea de intervenție la Registrul Comerțului București
Potential diversion of the purpose of regulation of an institution: The request to Bucharest Trade Registry
Author(s): Mădălina AfrăsineiSubject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: Trade Registry; intervention;new Code of Civil Procedure;
Summary/Abstract: Analyzing the nearly seven years that have passed since the adoption of GEO no. 116/2009 one can see that requests for assistance are accepted by courts in a small number, so the question is what is the use of such a legal instrument, the more so since this special procedure the court can not incite merits, the judge can only perform a formal control of applications that has been invested, and in the common law procedure, the court establish legal relations and to settle the question at issue. Although legal texts are clear, "interveners" in the Trade Register, the wording prevails in their requests for questions regarding specifics other actions provided by Law no. 31/1990 republished, therefore, the question is what is the usefulness of maintaining such a regulations, given that the court accepted the requests for assistance represents less than 5% of all applications to intervene.
Journal: Curierul judiciar
- Issue Year: 2016
- Issue No: 07
- Page Range: 380-381
- Page Count: 2
- Language: Romanian
- Content File-PDF
