APPLICABILITY OF CIVIL PROCEDURE IN SPECIAL
JUDICIARY MATTERS. THE RELATION BETWEEN
APPLICABLE PROCEDURE AND JURISDICT Cover Image

APPLICABILITY OF CIVIL PROCEDURE IN SPECIAL JUDICIARY MATTERS. THE RELATION BETWEEN APPLICABLE PROCEDURE AND JURISDICT
APPLICABILITY OF CIVIL PROCEDURE IN SPECIAL JUDICIARY MATTERS. THE RELATION BETWEEN APPLICABLE PROCEDURE AND JURISDICT

Author(s): Steluta Ionescu, Rada Postolache
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: civil procedure; jurisdiction; jurisdictional procedure; special jurisdiction; special judiciary matter.

Summary/Abstract: The scope of the civil procedure is currently provisioned in the beginning of the Code of Civil Procedure. It is derived from a historical reason that, just as the civil law, as common low to the other branches of substantive law, has created the first major rules of the civil social behavior, the civil procedure has created rules, institutions that are also applicable to disputes arising from the realization of the substantive law relations of some branches related to civil law, which undoubtedly gives it the status of a common law procedure. Thus, according to the legislator, both purely civil litigations (to which it applies directly and with priority), as well as labor, administrative, financial and fiscal litigations, or those arising between professionals, although benefiting from special substantive regulations, also involve in their solving the rules of civil procedural law. We considered as opportune and of interest to give an overview of the issue, in order to selectively capture some special judiciary matters and, if necessary, to reveal the relationship between the specificity of the relevant litigation relation and the nature of the jurisdiction assigned to solve it.

  • Issue Year: 10/2017
  • Issue No: 1
  • Page Range: 703-715
  • Page Count: 13
  • Language: English