„Intervenţia la înregistrarea în Registrul Comerţului” – Aspecte de ordin teoretic şi practic privind procedura intervenţiei reglementată de art. 71 din O.U.G. nr. 116/2009
„Application to intervene in the registration procedure in the Trade Registry” – Theoretical and practical aspects regarding the application to intervene procedure regulated by art. 71 of the government urgent order no 116/2009

Summary/Abstract: Initially destined to be a procedural instrument by which it can be invoked the irregularities of a registration in the Trade Registry, its energic effects were speculated by the practitioners and the procedure of application to intervene regulated by art. 71 of the Government Urgent Order no 116/2009 (hereinafter „the intervention”) was used to temporary stop the registration procedures in front of the Trade Registry or to invoke the substantial invalidity of the legal documents subject to registration. The interventional procedure is characterized as non contentious and its object of judgement is limited to the rules of registration in the Trade Registry. The intervention procedure acts as a juridical instrument for ex ante control of the registration in the Trade Registry and represents a general regulation of the application to intervene initially regulated by art. 46 of Law no 31/1990 of companies. The application to intervene was introduced in the legislation by Government Urgent Order no 116/2009 which had, as a primary purpose, the reduction of case files from the courts. The study aims to clarify a series of specific procedural matters, in an attempt of stating a general juridical regime of the application to intervene procedure which, in our opinion, must not overlap with the procedure regulated by articles 132 133 of Law no 31/1990 of companies.

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