The high court of cassation and justice between the 150th anniversary of its establishment and the struggle with the new code of civil procedure  Cover Image
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Inalta curte de casatie si justitie între aniversarea a 150 de ani de la înfiintare si lupta sa cu noul cod de procedurã civilã
The high court of cassation and justice between the 150th anniversary of its establishment and the struggle with the new code of civil procedure

Author(s): Viorel Mihai Ciobanu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: the new Civil Code; the new Code of Civil Procedure; the High Court of Cassation and Justice; the draft Bill for the implementation of the Code of Procedure; anniversary; battle; grounds.

Summary/Abstract: The author argues that the celebration of over 150 years from the establishment of the High Court of Cassation and Justice should have a greater magnitude, should give rise to a debate on the merits on the subject of the New Civil Code, effective since October 1st, 2011 and the three codes that are to enter into force: the Code of Civil Procedure, the Criminal Code and the Code of Criminal Procedure. In place of such a scientific debate, the High Court of Cassation and Justice has chosen to refer the matter to the Senate of Romania with a note of proposals aimed to delay the entry into force of the new Code of Civil Procedure, but also to tear to pieces the substance and unity thereof. According to the author’s view and not only, as the proposals were rejected in the Commission drafting the Bill on the implementation of the Code of Civil Procedure, the comments and proposals put forward are entirely unfounded, consequently the study argues point by point why the same must be rejected. Some proposals have been concentrated, so that the review covers 20 points, all with explanations necessary to understand the need for legislation.

  • Issue Year: 2012
  • Issue No: 01
  • Page Range: 63-75
  • Page Count: 13
  • Language: Romanian