Elemente de noutate în codul de procedură civilă actual în raport cu cel anterior
The former Code of Civil Procedure, which followed the model of the 1806 French Code, as well as that of the Canton of Geneva from 1819, became effective as of 1 December 1865, and in its existence of almost 150 years it incurred numerous legislative interventions, important amendments being made subsequent to 1989. The last major intervention was made by Law no. 202/2010 regarding some measures to accelerate lawsuits’ settlement, which prepared the implementation of the new Code, undergoing the preparation and approval procedure.The new Code of Civil Procedure became effective as of 15 February 2013, and introduced in the civil lawsuit some institutions or provisions aimed at ensuring the expediency of the legal act and the outline of a unitary case-law, which, together with other provisions would increase the efficiency of the legal endeavour, as disclosed within the study. On the other hand, it is also shown that the current Code of Civil Procedure failed to remove all the shortcomings of the former regulation, and some of its innovative provisions did not found the infrastructure necessary for its application and development.
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