Procedure Institutions Reformed through the New Romanian Civil Procedure Code: Legal Bases and Prospects Cover Image

Procedure Institutions Reformed through the New Romanian Civil Procedure Code: Legal Bases and Prospects
Procedure Institutions Reformed through the New Romanian Civil Procedure Code: Legal Bases and Prospects

Author(s): Daniel Ghiţă
Subject(s): History of Law, Civil Law, Recent History (1900 till today), 19th Century
Published by: Editura Universitaria Craiova
Keywords: civil lawsuit; reform; New Civil Procedure Code; institutions; legislation;

Summary/Abstract: Adopted in 2010 and enforced in 2013, the new Civil Procedure Code does represent not just the successor of the ancient Code which was issued in 1865, but as well the final achievement of a reforming tendency exerted upon the civil procedure. This mutation was continuously carried on during the 20th century and was increasingly deepened during the first decade of the 21st. The procedure of the system which was instituted through the ancient Code, in spite of undoubtedly having proved its intrinsic value and apart from the many changes it had gone through due to successive enforcements within the current legislation of the 20th century, had come to see itself, during the recent couple of decades, challenged through the argument that it had lacked to provide an appropriate answer to the requirements of a civil justice that ought to have been modern. This incriminating adjective means the cumulated existence of the following assets as desiderata: efficiency, celerity, predictability and a strict consequentiality for its uttered solutions. In respect to these demands, the actually enforced regulation does institute a lot of procedural forms and mechanisms which are innovative and do obey to, simultaneously, two inspiring commandments: the first one is, for the justice of system, to increase the promptitude of uttered answers; the second one is to ensure, for the jurisdictional action, the highest quality.

  • Issue Year: 2015
  • Issue No: 46
  • Page Range: 314-323
  • Page Count: 10
  • Language: English