LAW No. 59 of 23 July 1993 for the amendment of the code of civil procedure, the Family Code, the law on administrative courts no. 29/1990 and law No. 94/1992 concerning the Organization and functioning of the Court of Auditors published in PARLIAMENT ISSUING the OFFICIAL GAZETTE NR. 177 of 26 July 1993, the Romanian Parliament adopts this law.
Article 1 of the Civil Procedure Code changed and completed as follows: 1. The book I will refer to "the competence of the courts".
2. Title I "Jurisdiction" in the matter after the book I will read as follows: Art. 1.-judge Courts: 1. In the first court, all processes and applications, in addition to those given by law in the jurisdiction of other courts;
2. against decisions handled fairly, confidentially public administration authorities with judicial and other organs with such activity, in cases stipulated by law;
3. any other data subjects within their jurisdiction by law.
Art. 2.-judge Courts: 1. the first court: a) the processes and applications in commercial matters except those whose object has a value of up to 10 million lei inclusively;
b) processes and applications relating to rights and obligations rezultind from civil legal relations, the object of which has a value of more than 150 million lei;
c) processes and applications in the field of administrative law, apart from those brought into the jurisdiction of the courts of appeal;
d) processes and applications in the field of intellectual property and the creative industries;
e) processes and applications in the field of expropriation;
f) applications for approval of adoptions;
g) applications concerning the Declaration of disappearance under interdiction, and Declaration of death;
h) applications concerning the nullity of marriage, nullity or dissolution of adoption and the forfeiture of parental rights;
I) applications for compensation for damage caused by miscarriages of Justice perpetrated in criminal trials;
j) applications for recognition, and those for the execution of the consent given in foreign countries;
2. that the Court of appeal, judgements handed down against calls by declared the judges in the first instance court;
3. that the Court of appeal, appeals against decisions handed down by the stated justices in recent Court;
4. any other data subjects within their jurisdiction by law.
Art. 3.-the Court of appeal, judge: 1. in the first instance court, running processes and applications in the field of administrative acts within the competence of the central public administration authorities, of prefectures, of decentralized public services at the county level, the ministries and other central bodies of public authority and of Bucharest;
2. that the Court of Appeal handed down rulings declared against calls for courts in the first instance court;
3. that the Court of appeal, appeals against decisions handed down by the stated courts in appeals, as well as in other cases provided by law;
4. other data within their jurisdiction by law.
Art. 4.-the Supreme Court of Justice judge: 1. Appeals against judgments declared the courts of appeal and other decisions in the cases provided for by law;
2. Appeals in the interests of the law;
3. Appeals in undo;
4. any other data subjects by law under its jurisdiction.
Art. 4 ^ 1. -The Jurisdiction of the courts in connection with the arbitration shall be governed by book IV belongs to the Court which would have jurisdiction to hear and determine the dispute was in the background, in the absence of an Arbitration Convention. "
3. In article 8 paragraph 2 shall read as follows: "When several judges in Vienna that same Court are alike, the applications listed in paragraph 1, persons. 1 shall be introduced to the District Court at the place of residence of the County, and in the capital, the District Court sector. "
4. In article 22, paragraph 3 is inserted after the following paragraph: "there is a conflict of jurisdiction, within the meaning of art. 20, and where it arises between courts and other organs with jurisdictional activity. In this case, the conflict of jurisdiction resolves Court superior court in conflict, the provisions of art. 21 being applicable. "
5. Article 27, point 2 shall read as follows: "2. when he is the spouse, relative or Bilberry in direct line or in the sideline, up to the fourth degree inclusive, with a party or attorney or agent if he is married to the brother of one of the husband's sister times these people;"
6. Article 45 paragraph 1 shall read as follows: "the Public Ministry can enter any action, apart from the strictly personal and to participate in any process in any phase of it, where it is necessary to protect the rights and legitimate interests of minors and of persons placed under interdiction, as well as in other cases provided by law."
7. Article 94 shall read as follows: Art. 94.-When documents of the procedure cannot be done because it was darimat the building, became uninhabitable or other similar reason, the agent will act at the registry of the Court, which shall notify in advance the part about this circumstance, article 4. 95 being properly applicable. "
158. Article 8, paragraphs 2 and 3 shall read as follows: "If the Court declares jurisdiction, will proceed to the judging at pricinii, it may make the disgruntled law call or appeal after putting the judgment as to its merit.
If the Court declares to be principally concerned, she will send the dossier to the competent court or, where appropriate, other competent jurisdictional organ activity, once the judgment has become final. The deadline for exercising horses attack flows from pronouncement. "
9. Article 193 shall read as follows: Art. 193.-prior to being listened to, the witness submitting the following oath: "I swear I'll tell the truth, and I will not hide anything from what I know. So help me God! "
During the oath, the witness you mine on the cross or Bible.
Referring to the deity of the formula of the oath are changing according to the religious belief of the witness.
Another witness religion Christian than that applicable to the provisions of paragraph 1. 2. The witness without confession will take the following oath: "I swear to honour and conscience that I will tell the truth and I will not hide anything from what I know."
Witnesses for reasons of conscience or religion do not lay their oath will utter to the Court the following formula: "I find out that you tell the truth and that I will not hide anything from what I know."
The situations referred to in paragraph 1. 3, 4, 5 and 6 shall be retained by the judiciary on the basis of statements made by the witness.
After taking the oath, the President will put in the light of the witness as if you won't tell the truth, commits the crime of perjury.
About all they do mention in the written statement.
The minor who has not reached the 14 years does not make oath; I draw your attention, however, to tell the truth. "
10. Article 255 par. 1 shall read as follows: "Decisions by which to solve the first case court Fund are called" sentences ", and decisions through which resolves the call, appeal, and the appeal of law times are called the cancellation" decision. "
11. In article 258, after paragraph 3 the following paragraph shall be inserted: "the decision of the Device shall be recorded in a special register, kept by each court."
12. Article 261, paragraph 2 shall read as follows: "where, after one of the judges is unable to sign a court judgment, the President will sign instead of or, and if the Registrar is unable to sign, the judgment will be signed by the Registrar, is notably mention the cause which has prevented the judge or clerk to sign judgment on."
13. Article 266 (1) shall read as follows: "the judgement will be made in two originals, one of which is attached to the dossier of the case and the other will be filed, towards conservation, to the judgment of the Court."
14. article 269 (1) shall read as follows: "Decisions will be invested with appended, as follows:" we, the President of Romania "(Here follows the content of the judgment.)" Give empowerment and categorise and administrative agents to execute this force (judgment); prosecutors from bringing them to fruition aftertaste. Towards faith, this (ruling) was signed in. .. (The President's signature and follows the Registrar.) "
15. Article 279, paragraph 2, point 1 shall read as follows: "1. with regard to the resettlement of judgment, abolishing construction, or any works having a fixed settlement;"
16. Title IV "the ordinary Ways of attack" in book II shall read as follows: "section I section I Call the term and call Art Forms. 282.-Decisions given in first court Court are subject to appeal to the Court, and the Court's judgments given in first by the Court are subject to appeal to the Court of appeal.
Against the discharges run-up can't appeal than once with the Fund, unless when they were interrupted or suspended course worldwide judgment.
The judgment call is made and counts against the discharges.
Art. 283.-the party who gave the call regarding a decision no longer has the right to appeal.
Art. 284.-the term of appeal is 15 days from the communication of the judgment, if the law otherwise.
The term call flows even though the communication of the judgment was made once the domicile.
If a party appeals before the communication of the judgment, it counts on the filing date.
Prosecutor appeals for the term run from the judgment, except in cases in which the Attorney participated in the proceedings, when the deadline runs from the communication of the judgment.
Art. 285.-the term of call is interrupted by the death of the party who has interest to appeal. In this case it is made again a single communication of the judgment, at the home of the heritage party, without showing the name and quantity of each heir.
The time limit for appeal will begin to run again from the date on which the communication referred to in paragraph 1. 1. For those unable, heirs capacity limited in capacity, or missing times in case of inheritance, the term will run from the day on which it will be called the tutor, curator or provisional administrator.
The call does not in itself constitute an act of acceptance of inheritance.
Art. 286.-the term of appeal and by the death of trustee to whom communication has been made. In this case it will make a new communication to the party, her home, and the deadline for appeal will begin to run again from that date.
Art. 287.-Application of appeal shall contain: 1. name, domicile or residence of the parties;
2. showing the judgment which is attacking;
3. the grounds of fact and law on which the appeal is based;
4. the evidence adduced in support of the appeal;
5. your signature.
The requirements of points 2 and 5 are provided on pain of nullity, and the Nos 3 and 4, under penalty of revocation. These requirements may be fulfilled not later on first appearance, and the absence of a signature, under the conditions provided for in art. 133 paragraph 2. 2. When evidence proposed witnesses or records not shown at the first instance court shall apply the provisions of articles properly. 112, item 5.
Art. 288.-at the request of appeal will be joining so many children read intimaţi are.
The appeal shall be lodged to the Court whose judgment of invalidity under attack penalties.
The President of the Court of appeal shall submit the dossier, together with the calls made, only after the expiry of appeal for all parties.
However, the call will be sent if the request has been made for the suspension of execution of the judgment of the first instance.
Art. 289.-the President of the Court of appeal, as soon as it receives the dossier, will fix the term of notice, in accordance with the provisions of art. It has 114, and summoning the parties.
At the same time, the President will have to communicate intimatului, together with the summons, a copy of the application, together with copies of certificates from records side by side and that have not been presented to the court first, and put them into account to deposit to the file intimpinare.
The provisions of article 113 para. 2 shall apply accordingly.
Calls made against the same ruling shall be assigned to a single section of the Court of appeal.
Art. 290.-When calls made against the same decisions were assigned to the special wards, wards last President invested will have the handoff to the holding teeth.
Art. 291.-in the case when intimatul does not receive, within the period prescribed by art. 114, communicating the reasons for the appeal and the evidence adduced, we can ask, at first look, a time limit within which to submit the file intimpinare.
If intimatul is missing the first day of appearance and the Court finds that the grounds of appeal were not disclosed, will order the postponement of the case and the making of the communication and, if the reasons were not disclosed, the Court shall order the postponement of the case with the fulfilment of the requirements of art. 114 para. 5. Art. 292.-the parties will not be able to use it before the Court of appeal, for other reasons, means of defence and evidence than those put forward at first instance court or referred to in the request and call in intimpinare, except in the case provided for in article 10. 138. Note: Article 293 was repealed by Decree nr. 132 of 19 June 1952.
Section II Judgment call Art. 294.-In call cannot change the quality of the parties, the subject-matter of the cause or call in the application, nor can we do any other applications. Exceptions to the procedure and such other means of defence are not considered new requests.
They will be able to ask, however, interest rates, revenue reached the term and any other damages arising after the giving of the judgment of the first instance. It will also be able to ask for legal compensation.
Art. 295.-the Court of appeals will be able incuviinta restoration and replenishment of samples given to the first court, and the administration of other evidence, if it considers necessary to resolve the case.
Art. 296.-the Court of appeal may keep times change in whole or in part the contested decision.
Art. 297.-If it is found that, in the wrong way, the first court has resolved the process without entering the judgment fund research times was made in the absence of the party which has not been legally subpoenaed, Court of appeals will disband the contested decision and will send back towards first instance cause.
If the judgment was disbanded for lack of jurisdiction, the cause is sent back towards the competent court or another competent body with judicial activity.
Art. 298.-the provisions of procedure concerning the judgment of the Court and shall be applied first to the Court of appeal, in so far as they are not hostile to those contained in this chapter.
Chapter II section I Term Appeal and appeal forms Art. 299.-data Decisions without appeal, the data in the call, as well as, under the conditions provided by law, the decisions of other bodies with jurisdictional activity shall be subject to appeal.
Art. 300.-Appeal suspend the execution of the judgment only in cases concerning the expulsion of borders, dismantling of constructions, plantations or any works having a fixed layout, and in the cases specifically provided for by law.
Upon request, the Court with which the appeal may order the judgment, reasoned judgment, recurate and suspended in cases other than those referred to in paragraph 1. 1. the suspension of the application of the judgment may be granted with or without the filing of security which will determine after hearing the parties cited in the Council Chamber.
In urgent cases, the President of the Court of appeal may order, upon request, by a reasoned conclusion, suspended and without summoning the parties even before the receipt of the dossier.
The Court may return upon the suspension, the provisions of paragraph 1. 3 and 4 being applicable as appropriate.
Art. 301.-the term of appeal is 15 days from the communication of the judgment, if the law otherwise. The provisions of article 284 shall apply accordingly.
Art. 302.-the appeal shall be filed in the Court whose judgment is attacking, on pain of nullity.
Art. 303.-the appeal is going to motivate herself through the application for appeal or within the time limit for appeal.
The deadline for submission of the reasons it counts from the communication of the judgment, even if an appeal has been made before.
The application of appeal shall lie from the reasons for appearing and developing them.
In cases where the Public Ministry has participated in the process, you will submit a copy of the reasons for breaking Attorney.
The President of the Court, which receives the request for appeal, you will be able to return to present party, if it doesn't meet the conditions stipulated by law, to be rebuilt, extending the time limit for appeal with 5 days.
After expiry of appeal for all sides, the Court whose judgment is recurată will forward it to the Court of appeal the folder together with the evidence of compliance with the procedure for communicating the decision.
Art. 304.-end of a judgment may be required: 1. when the Court has not been drawn up according to the provisions laid down by law;
2. where the judgment was given by other judges than those who took part in the debate on the substance of the pricinii;
3. where the judgment was given in breach of competence of another court;
4. when the Court has exceeded the powers of the judiciary;
5. where, by the judgment, the court date has violated forms of procedure laid down by article on pain of nullity. 105 para. 2;
6. when the Court has not pronounced on the end application, has granted more than was asked of the time what has not been requested;
7. when the judgment does not include the reasons relied on by the conflicting reasons or when foreign times includes the nature of the pricinii;
8. when the Court, interpreting wrong legal document to inferred worldwide judgment, changed the nature of the times regarding the meaning more clearly, and no doubt thereof;
9. where the judgment is lacking in legal times was given in breach of the law or wrong application;
10. when the Court was not called upon a defence or in an evidence, that were administered to pricinii previous absolution;
11. when the judgement is based on a mistake of fact, severe decurgind from a mistaken appraisal of the evidence.
Art. 304 ^ 1. -Appeal against a decision which, according to the law, cannot be appealed is not confined to the grounds for cassation. 304, the Court may examine the cause in all aspects.
Art. 305. In the Court of appeal-no new evidence can be produced, except records.
Art. 306.-the appeal is null if it was not motivated the lawful time limit, except in cases provided for in paragraph 1. 2. Reasons of public policy may be invoked and ex officio by the Court of appeal, which, however, is required to make to the debate.
The indication of the grounds of appeal wrong does not involve the nullity of the appeal if their development makes possible their classification into one of the grounds provided for in art. 304. Art. 307.-Repealed.
Art. 308.-the President of the Court, after notice that the procedure of notifying the judgment has been satisfied, the trial period will be fixed and will order the attendance of parties and communication of grounds for appeal.
Intimatul intimpinare will be able to submit at least 5 days before the deadline.
The President of the Court, the term fixind, may appoint a judge to draw up a report on the appeal. The Supreme Court of Justice, the report shall be made by a judge or a magistrate Assistant.
The report will include, in brief, appearing in application object, recurată solution, as well as its basis, in so far as it takes to resolve the appeal.
The report will have to be deposited in the file with at least 5 days before the day of the presentation.
Section II the judgment quashing the appeal and effects Art. 309.-the President will give the floor to the parties after reading the report.
Prosecutor speaks at last, unless the part is the main or recurring.
Art. 310.-unless it turns out, the first day of appearance, that the appeal had been filed over this period or if the proof is in the folder, it will be done on time.
Art. 311.-Judgment quashed has no power.
Insurance laws, enforced or done in the power of such rulings are abolished in law, if the Court of appeal otherwise.
Art. 312. The courts of appeal and courts in case of breakage, will judge the sake.
However, in the event that the Court, whose decision is recurată, has settled the lawsuit without entering the Research Fund of the time judgment was made in the absence of the party which has not been regularly quoted in the administration of the Fund and to the debate, the Court of appeal, Cassation, after sending back toward that cause the Court judgment quashed or any other instances of the same degree. In the case of forms for lack of jurisdiction, the cause is sent back towards the competent court or competent jurisdictional organ activity, according to the law.
If the Court of appeal finds that she herself was the competence to resolve in court or sake in the first call, will house recurată and judgment will resolve the cause according to its competence.
Art. 313.-the Supreme Court of Justice, in case of breakage, send to a new cause of the Court judgment which quashed the judgment of the time when the interests of the good administration of justice so require, other instances of the same degree, except for the lack of competence of the forms when sending or another competent court cause organ competent jurisdictional activity according to the law.
Art. 314.-the Supreme Court of Justice decides on the Fund pricinii in all cases in which casează the contested decision only to ensure correct application of the law to the circumstances of which were fully established.
Art. 315.-in the event of Cassation, judgments of the Court of appeal on questions of law are binding on judges untied Fund.
When the judgment was quashed for failure to observe procedural forms, judgment will recommence from the Act canceled.
After the destruction, the first instance court shall judge again, taking account of all the grounds adduced before the Court whose judgment was quashed.
Art. 316.-the provisions of procedure concerning the judgment in appeal and apply to the Court of appeal, in so far as they are not hostile to those contained in this chapter. "
17. Article 319, paragraph 2 shall read as follows: "the opposition can be made prior to the commencement of enforcement and in all her time, until the last act of committing. Irrevocable decisions against which there are brought to fruition about enforcement, opposition may be lodged within 15 days from the date when the authors took notice of the judgment, but not later than one year from the date when the judgment has remained irrevocable. "
18. In article 322 paragraph (1), 323 324 (1), points 1 to 5 and paragraph 1 327, perfect notion "judgment" is replaced by "final decision".
19. Chapter III of title V "extraordinary Ways of attack" of the book will refer to "the appeal of law and further appeal" and will read as follows: Art. 329.-the Attorney general, ex officio or at the request of the Minister of Justice, shall be entitled, in order to ensure uniform interpretation and application of the law throughout the country, to ask the Supreme Court to rule on matters of law which have received a different settlement on the part of the courts.
Decisions imposing solves rule of sections and shall be notified to the Ministry of justice courts.
Solutions rule only in the interest of the law, shall have no effect nor examined the judgements about the situation of the parties in those processes. Absolution date problems of law is binding on the courts and prosecuted.
Art. 330.-the Attorney general, ex officio or at the request of the Minister of Justice, may attack with further appeal, the Supreme Court of Justice, court admissible for the following reasons: 1. when the Court has exceeded the powers of the judiciary;
2. when the illustrious offences by judges in connection with judgment.
Art. 346 ^ 1. -Further appeal may declare at any time.
Art. 330 ^ 2. -The Attorney general may provide for a limited period to suspend execution of judgements before the introduction of appeal in rescission.
After the introduction, the Court annulled the appeal may order the suspension of the execution of judgments or the suspension.
Art. 330 ^ 3. -In the judgment in appeal and cancellation shall apply accordingly to the provisions concerning appeal.
Judgment in appeal the cancellation is done with the participation of the Prosecutor, setting out the reasons for this appeal and will put the conclusions.
Art. 330 ^ 4. -Until the closure of the debate, the Attorney general may withdraw their further appeal, with reasons. In this case, the parts of the process may require continuing worldwide judgment. "
20. Book IV will designate "About arbitration" and will read as follows: "BOOK IV Chapter 1 About arbitration General provisions Art. 340.-persons who exercise capacity full rights may agree to settle economic disputes arbitration path between them, apart from those relating to the rights which the law does not permit the transaction.
Art. 340 ^ 1. -Arbitration can be entrusted, through the Arbitration Convention, of one or more persons, associated parts or under that Convention to govern the dispute and to rule a decision final and binding for them. The single arbitrator or, as the case may be, the arbitrators shall be invested within the meaning of the front Court of arbitration.
Art. 341.-Arbitration is organized and carried out according to the Arbitration Convention, concluded in conformity with the provisions of cap. II. Subject to ordre public or morality, as well as mandatory provisions of the law, the parties may determine by arbitrary Convention or by written act concluded subsequently, either directly or by reference to a particular regulation aimed at establishing rules on arbitration, arbitration, appointment, revocation and replacement of arbitrators, the time and place of arbitration, the rules of Court of arbitration procedure must follow in judging the dispute including a possible prior mediation procedure, the apportionment of costs between the parties, arbitration, arbitration and judgment form content and generally any other rules concerning the proper conduct of the arbitration.
In the absence of such rules, the arbitral tribunal will be able to regulate the procedure to be followed as they will.
If any Court of arbitration has not established these rules, will apply.
Art. 341 ^ 1. -The parties may agree that the arbitration to be organized by a permanent arbitration institution or by a third person.
Art. 342.-for the Elimination of obstacles what would arise in the Organization and conduct of the arbitration, the party concerned may refer the matter to the Court that, in the absence of the Arbitration Convention, would have been to judge the jurisdiction dispute, in the first instance.
Where the parties have entered into Arbitration Convention during judging the dispute to a court, it becomes the competence to hear and determine applications referred to in paragraph 1. 1. The Court shall resolve such requests for emergency and, in particular, with the Presidential Ordinance.
Chapter II Arbitration Convention of) the defendant has formulated the defence as to the merits, with no arbitrary Convention founded on reserve;
(b) the Arbitration Convention) is struck by a declaration of invalidity is inoperative;
c) Court of arbitration may not be obvious reasons imputable to the defendant in arbitration.
Art. 343.-the arbitral Convention ends, in writing, on pain of nullity.
It can end either in the form of an arbitration clause included in the contract, principal place of business, or as a stand alone agreements, called compromise.
Art. 346 ^ 1. -By the arbitration clause the parties agree that disputes have to be born from the contract in which it is inserted or connected with it should be solved on the way to arbitration, show the name of the arbitrators or the method of their appointment.
The validity of the arbitration clause is independent of the validity of the contract which has been entered.
Art. 343 ^ 2. -The parties agree that compromise a dispute arises between them should be solved on the way to arbitration, the show, on pain of nullity, the subject of the dispute and the names of the arbitrators or the method of their appointment.
Art. 343 ^ 3. -The conclusion of the Arbitration Convention excludes, for the dispute that is the subject of her jurisdiction of courts.
The arbitral tribunal to check its own power to settle a dispute and decides in this regard through a discharge that may disband only by the action brought against the decision of canceling the arbitration under article. 364.
Art. 343 ^ 4. -Where the parties have concluded an agreement on arbitration, one of them a plead in court, this check their competence.
The Court will retain to process if: In other cases, the Court, at the request of either party, shall declare, principally concerned whether it will find that there are arbitrary Convention.
In the event of a conflict of jurisdiction, the superior court decides the Court before which the conflict arose.
Chapter III The Referees. The Constitution of the arbitral tribunal of the) If, after acceptance, give up the unduly commissioned;
b) If, without justifiable cause, shall not participate in the judging dispute or not pronounce judgment within the time limit set by the Arbitration Convention or by law;
c) respecting the confidentiality of the arbitration, or divulgând data taking knowledge as referees without the authorization of the parties;
d) If you violate in blatant manner the duties delegated to them.
The term and place of the arbitration Art. 344.-any person may be a referee, Romanian citizenship, capable of full exercise of the rights.
Art. 345.-the Parties shall determine whether the dispute is judge of a single arbitrator or two times of several arbitrators.
If the parties have not determined the number of arbitrators, the dispute is judge of three arbitrators, one appointed by each of each of the parties, and the third-supraarbitrul-appointed by the two arbitrators.
If there are several applicants or several parties piriti, common interests will appoint a single arbitrator.
Art. 346.-is NULL clause from arbitrary Convention that provides for the right of one party to appoint arbitrator in lieu of the other party or to have more referees than the other side.
Art. 347.-Referees are appointed, cancel or replace according to the Arbitration Convention.
When the single arbitrator or, as the case may be, the arbitrators were appointed not by arbitrary Convention nor the manner in which provision has been made for the appointment, the party wants to resort to arbitration, the other party shall invite in writing to proceed to their appointment.
The communication shows the name, place of residence and, as soon as possible, of personal and professional data arbitrator sole arbitrator proposed or appointed by the party which wants to resort to arbitration, and making brief claims and their basis.
Art. 348.-which had been Part of notification shall transmit at reaching or within 10 days after receiving it, the answer to the proposal on the appointment of the arbitrator or, where appropriate, the name, domicile and, possibly, of personal and professional data arbitrator appointed by it. 349.-acceptance of the assignment of a judge must be made in writing and communicated to the parties within five days from the date of receipt of the proposed appointment.
Art. 350.-the two arbitrators shall proceed to the appointment of supraarbitrului, within 10 days after the last acceptance. Supraarbitrul will be in accordance with article 11. 349. article. 351.-in the event of disagreement between the parties with respect to the appointment of the arbitrator or if a party does not appoint the arbitrator or if the two arbitrators do not agree on the supraarbitrului, the person who wants to have recourse to arbitration may request the Court to proceed to the appointment of the arbitrator or, as the case may be, to supraarbitrului.
Termination of appointment will be given within 10 days from notification, with the attendance of the parties. It is not subject to appeal.
Art. 351 ^ 1. -Referee can be recuzat for causes that would shed doubt on his independence and impartiality. Causes of objection are those laid down for the challenge. They may be a cause of failure to comply with the conditions of the challenge and skill or other conditions regarding arbitrators, arbitration provided for in the Convention.
A party may object to the arbitrator appointed by it for causes occurring after appointment.
The person who knows that in terms of its be a cause of objection shall be obliged to notify the parties and the other arbitrators before being accepted by the umpire, and the Commission if such causes occurs after acceptance, as soon as he met them.
This person may not participate in the judging dispute unless the parties, it notifies the according to the preceding paragraph, notify in writing that they understand not to wax his challenge. Even in this case, she is entitled to obtain from the dispute without getting to mean recognition of the cause of the objection.
Art. 351 ^ 2. -No objection should be required, under penalty of revocation, within 10 days from the date when the appointment took notice of the referee or, where appropriate, the legal cause of the objection.
Application of recusation of the Court shall be settled as provided for by art. 342, with the attendance of the parties and the arbitrator recuzat, within 10 days from notification. The conclusion is not subject to appeal.
Art. 352.-in case of holidays, for any cause, objection, cancel, abstention, renunciation, foreclosure, death, and whether there was an alternate, or if it is prevented from exercising his assignment, it will proceed to the replacement of arbitrator according to the provisions laid down for his appointment.
Art. 353.-Referees are responsible for damages, according to the law: Art. 353 ^ 1. -In the case of Arbitration organized by a permanent institution, all duties incumbent upon the Court pursuant to the provisions of this chapter shall be exercised by that institution, in accordance with regulation or, out only if that regulation provides otherwise.
Art. 353 ^ 2. -Court of arbitration shall be considered established on the date of acceptance of the assignment of the arbitrator or, as the case may be, of a judge only.
Date of acceptance is the postage of the communication provided for in article 4. 349. article. 353 ^ 3. -If the parties have not provided otherwise, the arbitral tribunal shall pronounce judgement within a period not exceeding 5 months from the date of its establishment.
The term adjourn judging during an application for objection or any other request addressed to the Court incidents under article. 342. The parties may consent in writing to the prolongation of the referee.
The arbitral tribunal also may order, for serious reasons, to extend the time limit by a maximum of two months.
The term is extended for two months straight in the case set out in art. 360 ^ 3, and in the case of the death of one of the parties.
The passage of the term provided for in this article may constitute a ground for caducitate arbitration unless one of the parties has notified the other party and the arbitral tribunal, until the first term of notice, that meant to invoke the lapsing.
Art. 354.-the Parties shall determine the place of arbitration. In the absence of such provisions, the place of arbitration shall be fixed by the arbitral tribunal.
Chapter IV arbitration Referral. Contents of the request for arbitration and the Reception. Counterclaim Art. 355.-the arbitral Tribunal is referred to by the complainant by means of a written declaration, which will contain: a) the name, domicile or residence of the parties of the time, for legal persons, their name, and, where applicable, the registration number in the trade register, telephone number, bank account;
(b) the name and the quality of the person) which employs or is the disputed anexindu-is proof of quality;
c indication of the Arbitration Convention), is anexindu-copy of the contract in which it is inserted, and ended in a compromise, the copy of it;
d and value of the application object), as well as the calculation of which arrived at the determination of this value;
It's fact and reasons) law, and the evidence on which it is based;
(f) the name and place of residence) members of the arbitral tribunal;
g) signature of the party.
The application can be done through a report completed before the Tribunal of arbitration and signed by the parties or by the complainant, as well as arbitrators.
Art. 356. the respondent complainant shall communicate-as well as each arbitrator, copy of the request for arbitration and on records.
Art. 356 ^ 1. -Within 30 days of receipt of the copy of the application for arbitration, the defendant will make exceptions for intimpinare containing the applicant's request, the answer in fact and in law to this request, the proposed evidence in defence, and, accordingly, these credits. 355, arbitrary application.
Exceptions and other means of defence, which had not been shown through intimpinare, you have raised, under penalty of revocation, the latest at the first term of notice. The provisions of article 358 ^ 12(3). 3 shall remain applicable.
Whether through failure to intimpinarii the dispute shall be adjourned, the defendant will be liable for the payment of the costs of arbitration caused by deferral.
The provisions of article 356 apply accordingly.
Art. 357.-If the defendant has claims against the plaintiff, the same legal relationship deriving from, he can make the counterclaim.
The counterclaim will be introduced within the time limit for the submission of intimpinarii or the latest up to the first term of notice and must meet the same conditions as the main application.
Chapter V arbitration article 1. 358.-throughout the arbitration the parties must ensure, on pain of nullity arbitral judgment, equal treatment, respect for the right of defence and the principle of adversarial.
Art. 358 ^ 1. -Communication between the parties or the parties to the dispute, the records of the subpoenas, arbitral rulings and the discharges of the meeting shall be made by registered letter with receipt of tuition or an acknowledgement of receipt. Information and reminders can be made by telegram, telex, fax or any other means of communication which enables communication and sample text.
Records can be inminate and staff party, under signature.
Evidence of communication shall be submitted on the record.
Art. 358 ^ 2. -Immediately after the expiry of the period for the submission of intimpinarii, Court of arbitration of the dispute for the preparation stage check debate and, if necessary, will will have the appropriate steps in order to complete the dossier.
After this verification, and, if applicable, after completion of the arbitral tribunal, shall fix a period of debate and dispute the attendance of the parties.
Art. 358 ^ 3. -Between the date of receipt of the summons and the date of the debate there should be an interval of at least 15 days.
Art. 358 ^ 4. -The parties may participate in the dispute personally, or through representatives and may be assisted by any person.
Art. 358 ^ 5. -Failure of the party not to impede legal citations debate dispute out only if you lack side will not ask, the latest until the preziua debate, postpone the dispute for good reasons, încunoştinţând at the same time and the other party, as well as referees. The postponement may be granted only once.
Art. 358 ^ 6. -Either party may request in writing that the resolution of the dispute to be made in his absence, on the basis of the documents filed, art. 358 ^ 3 however remains applicable.
Art. 358 ^ 7. -If both sides, though legal, is not presented within, Court of arbitration will settle the dispute apart from if the postponement was asked for good reasons. The arbitral tribunal may also to the judging dispute amines, reading the parts, if it considers that their presence at the debate is required.
Art. 358 ^ 8. -Prior to or during the course of arbitration either party may petition the competent court to încuviinţeze relief measures and interim measures with respect to the subject matter of the dispute or to establish certain factual circumstances.
At this request will annex copy, a request for arbitration or, in the absence of proof of the communication provided for in article 4. 347 paragraph 1. 2 and 3, as well as arbitrary Convention.
Approval of these measures will be brought to the notice of arbitration by the party who asked them.
Art. 358 ^ 9. -During the arbitration, interim relief measures and measures, as well as the finding of fact, certain circumstances may be încuviinţate and the Court of arbitration. In the case of opposition, the execution of these measures shall be ordered by the Court.
Art. 358 ^ 10. -Each party has the burden to prove the facts on which he based the contested claim or defence.
In order to solve the dispute, the arbitral tribunal may require the parties to give explanations on the subject of the request and the facts of the dispute and may order the administration of any evidence provided by law.
Art. 358 ^ 11. -Management of samples shall be carried out in the meeting of the arbitration. It may order that the administration of evidence to be performed in front of an arbitrator from the composition of the arbitral tribunal.
Hearing of witnesses and experts shall be carried out without provision of oath.
The arbitral tribunal cannot resort to any means to apply constringere sanctions and witnesses or experts. For taking these measures, the parties may apply to court under article. 342. The appreciation of the evidence is made by arbitrators according to their beliefs the intima.
Art. 358 ^ 12. -Any exception concerning the existence and validity of the Arbitration Convention, the Constitution of the arbitral tribunal, the assignment of the referees and holding limits the procedure to the first term of notice, shall be erected, under penalty of revocation, the latest from this first term, unless it is established that a shorter period.
Any requests of the parties and any entries will be submitted at the latest until the first term of notice.
The samples that were not required until the latest first day of notice will no longer be able to be invoked during the arbitration, except in cases in which: (a)) the need of proof would appear from debate;
b) sample pricinuieşte Administration to postpone the resolution of the dispute.
Art. 358 ^ 13. -Debates will be arbitration stated in the conclusion of the meeting.
Any provision of the arbitration will be recorded and will be motivated.
The conclusion of the meeting will include, in addition to the particulars provided for in article 10. 361 lit. the a and b)), and the following: a) a short description of the conduct of the hearing;
b) applications and CD parties;
c) grounds on which rests the measures provided;
e) signatures of the arbitrators, with sightings. 360 ^ 2.
The parties have the right to take knowledge of the contents of the discharges and paperwork of the dossier. At the request of the parties or the arbitral tribunal of its own motion may straighten or complete conclusion of the meeting, by another conclusion. The parties may receive, upon request, the copy of the conclusion of the meeting.
Chapter VI arbitration Expenses Art. 359.-expenses for the Organization and conduct of the arbitration, and the arbitrators ' fees, administrative expenses, travel expenses of the parties, the arbitrators, experts, witnesses, shall bear the appropriate understanding of the parties.
In the absence of such agreements, arbitration shall bear the expenses of the party who lost the dispute, if the request for arbitration is accepted in full or in proportion to what has been given, if the application is allowed in part.
Art. 359 ^ 1. -Court of arbitration may be assessed, on a provisional basis, the amount of the fees of the arbitrators and the parties may require you to enter that amount through equal contribution.
Parties may be bound jointly and severally to pay.
If the defendant does not satisfies the obligation which rests according to para. 1, the period laid down by the Court of arbitration, the applicant will consign the whole amount indemnifying through arbitration to determine the amount of fees due the arbitrators, and the tolerance of the parts.
The arbitral tribunal also may require the parties or on each of them to the advancement of expenses of arbitration.
Art. 359 ^ 2. -Court of arbitration may decide not to award arbitration until the entry, advancement or payment of the amounts referred to in this chapter.
Art. 359 ^ 3. -At the request of any party, the Court laid down in art. 342 will examine the merits of the measures ordered by the arbitral tribunal and shall determine the amount of the arbitrators ' fees and other expenses of arbitration, as well as arrangements for stand-by duty, advancement or payment.
Art. 359 ^ 4. -Payment of the fees of the arbitrators will be made after the arbitration ruling party.
If arbitration is interrupted, without pronouncing judgement, the fees of the arbitrators shall be paid for the work properly.
Art. 359 ^ 5. -Any difference in more or less all expenses of arbitration shall be reconciled through the latest arbitration and is payable up to the communication to the parties or to the court filing. Failure to pay the difference or the submission of the communication draws the suspension of judgment arbitration awards.
Art. 359 ^ 6. -In the case of Arbitration organized by a permanent institution, fees, the fees of the arbitrators of the arbitration organization, as well as the costs of arbitration shall be established and shall be paid to that institution.
Chapter VII arbitration article 1. 360.-the arbitral Tribunal resolve dispute pursuant to the principal contract and the rules of law applicable, account being taken where appropriate and commercial usages.
Express agreement of the parties, the arbitral tribunal may settle the dispute in equity.
Art. 360 ^ 1. -In all cases, the pronunciation should be preceded by the deliberations in secret, with the participation of all the arbitrators in person, consemnindu in this judgement.
Pronunciation can be postponed for not more than 21 days under the condition of proving the term regulatory arbitrage.
Art. 360 ^ 2. -When the Court of arbitration is composed of a number of arbitrators was unmarried, the decision shall be taken by majority vote. The referee, who had another opinion shall draw up and sign a separate opinion, with the brightness of the considerations relied.
Art. 360 ^ 3. -When the Court of arbitration is composed of a number of arbitrators with husband and they don't understand on the solution, it will proceed to the appointment of an umpire off by agreement between the parties or, in the absence, in accordance with art. 351. Supraarbitrul named will merge with one solution, one will be able to change or will be able to decide whether another solution, but only after hearing the parties and the other arbitrators.
Art. 361.-arbitration shall be drawn up in writing and must include: a the nominal component) arbitration, the place and the date of judgment;
b) names of the parties, their domicile or residence or, where appropriate, the name or names of the parties ' representatives, as well as of other persons who participated in the debate of the dispute;
c indication of the Arbitration Convention) pursuant to which he proceeded to arbitration;
d) subject of the dispute and the parties briefly CD;
It's fact and reasons) law of judgment, and in the case of arbitration in equity, the reasons in this respect based solution;
g) signatures of all the arbitrators, subject to art. 360 ^ 2.
Art. 362.-If the judgment court of arbitration failed to rule on an end demand, either party may request, within 10 days of the date of the judgment, filling her. Give judgment supplementing with summoning the parties.
The mistakes of judgment arbitration materials or other obvious errors that do not change the solution, and the Fund's miscalculations, can be corrected at the request of any party, made within the period prescribed by paragraph 2. 1 or ex officio, in a closing situation.
Judgment or conclusion of straightening is part of arbitration.
The parties may not be required to pay the cost of completion or correction of judgment.
Art. 363.-arbitration will be communicated to the parties not later than one month from the date of pronouncement of her.
At the request of either party, the arbitral tribunal shall issue the evidence relating to the communication of the judgment, under para. 1. Arbitration the Parties communicated to the effects of a final court ruling.
Art. 363 ^ 1. -Within 20 days from the date of service of the judgment, the Court of arbitration of the dispute shall submit the dossier to the Court provided for in art. 342 enclosing and proofs of the arbitration ruling.
In the case of Arbitration organized by a permanent institution, shall be kept at that institution.
Chapter VIII arbitration article 1. Abolition of judgment 364.-arbitration can be abolished only by annulment proceedings for one of the following reasons: the dispute was not likely) settlement on the way to arbitration;
b) Court of arbitration of the dispute to be resolved without Arbitration Convention or under an agreement or inoperative;
c) Court of arbitration has not been established in accordance with the Arbitration Convention;
(d)) part of the time when they held debates and procedure for legal citation was not fulfilled;
e) judgment was given after expiry of the arbitration. 353 ^ 3;
f) Court of arbitration has decided on some things that have not been requested or opted not to a thing required or given more than was required;
g) arbitration does not include device and motives, doesn't look the date and place of the pronouncement, it is not signed by the arbitrators;
h) arbitration judgment device includes provisions which cannot bring to fruition;
I) arbitration violates public order, morals times mandatory provisions of the law.
Art. 364 ^ 1. -The parties may opt out of the Arbitration Convention by the right of appeal against the cancellation action in arbitration.
Renunciation of this right can be done, but, after the arbitration judgment.
Art. 365.-jurisdiction to settle the action Undo reverts immediately superior court Court provided for in art. 342, in the constituency to which the arbitration took place.
Action in annulment may be brought within one month of notification of the decision of the arbitration.
The Court will be able to suspend, with or without bail, appealed the decision of the arbitration enforcement action in cancellation.
Art. 366.-Court, acknowledging the action will void arbitration, and, if the dispute is in court, will rule and the background within the Arbitration Convention. If, however, in order to decide the merits of the new evidence is needed, the Court will rule in the background after taking them. In the latter case the judgment declaring it will not be able to attack than once with judgment.
Judgment of the Court on the action in annulment may be contested only by the appeal.
Chapter IX arbitration ruling Enforcement Art. 367.-arbitration is mandatory. She brings out willingly by the party against whom it was pronounced, immediately or within the time limit indicated in the judgment.
Art. 367 ^ 1. -At the request of the winning party, the arbitration shall invest appended.
The conclusion of investment is given by the Court, as envisaged by art. 342, without summoning the parties, except where there is doubt as to the correctness of the decision of the arbitration when the Parties shall quote.
Art. 368.-arbitration invested appended shall be enforceable and run forced just like a court.
Chapter X International Arbitration Art. 369.-for the purposes of this chapter, a dispute arbitration taking place in Romania is considered international if he was born from a report governed by private law with a foreign element.
Art. 369 ^ 1. -By arbitrary Convention relating to international arbitration, the parties may determine that it would be held in Romania or in another country.
Art. 369 ^ 2. -In international arbitration judge in Romania or Romanian law, the arbitral tribunal will be composed of an uneven number of arbitrators, each party having the right to appoint an equal number of arbitrators. The provisions of article 369 ^ 3 shall remain applicable.
Foreign arbitrators can be part of a foreign citizenship.
The parties may agree that the arbitrator or supraarbitrul to be a national of a third State. 369 ^ 3. -International arbitration, The duration of the time-limits laid down in article 21. 349, 350, 351, 358 ^ 2 ^ 3 and 362 are doubles.
Art. 369 ^ 4. -The debate before the Court of arbitration of the dispute shall be in the language of arbitration established by the Convention, or, if no provision was made for anything about it or not there was an understanding at a later date, in the language of the contract from which was born the dispute or in a international language determined by the Court of arbitration.
If a party does not know the language in which the debate is being conducted at the request and expense of the arbitral tribunal, they provide them the services of a translator.
The parties may participate in the debate with their translator.
Art. 369 ^ 5. -Unless the parties agree otherwise, the arbitrators ' fees and travel expenses of their support of the party that appointed them; If the referee or of supraarbitrului, these expenses shall bear in equal shares by the parties.
Chapter XI, recognition and enforcement of foreign arbitral decisions Art. 370.-for the purposes of this chapter, a foreign arbitration means a determination date in the territory of foreign State or who is not considered as a national judgment in Romania.
Art. 370 ^ 1. -Foreign arbitration can be recognized in Romania, to take advantage of the power of their work judged by applying properly. 167-172 of the law nr. 105/1992 on the regulation of private international law.
Art. 370 ^ 2. -Arbitration, which are not brought out by voluntarily by those who forced them to run, may be put into execution on Romanian territory, through the application of the provisions of art. 173-177 of the Act nr. 105/1992.
Art. 370 ^ 3. -Arbitration, handed down by a competent court of arbitration have probanta force in the courts of Romania on the situations of fact which they find.
373. Article 21 shall read as follows: Art. 373.-Decisions will be run through the mediation of the first instance. If the first court is an appellate court, judgment is executed through the mediation of the Court at the place where the Court has its seat.
The request for enforcement shall be made: (a)) in case the remaining final and irrevocable decisions at the first instance court;
b) in all other cases, the Court which pronounced the last judgment as to its merit; It will send the request, together with the decision, for investment and, at the first instance.
Execution is by bailiffs.
In cases stipulated by law, and when the bailiff deem it necessary, the police are obliged to allow competition in the conduct of enforcement. "
22. Article 374 shall read as follows: Art. 374.-no judgment is not going to be able to run if it is not vested with the appended provided by art. 269 paragraph 3. 1, out of the decisions of the preparatory and decisions are enforceable provisionally, that is executed and without appended.
Investing decisions appended to make first court.
Last execution in Romania of decisions given in foreign countries is done according to the law. "
23. Article 376 paragraph 1 shall read as follows: "shall be invested with the enforceability of final decisions that were left became irrevocable times, authenticated records and any other records, or because they become enforceable, in the cases specifically provided for by law."
24. article 377 shall read as follows: Art. 377.-definitive rulings Are: 1. judgments given without appeal;
2. judgments given in first court which have not been appealed or even appealed, if its judgment has been deprecated or call was rejected;
3. judgments given in the call through which to solve pricinii Fund.
Irrevocable decisions are: 1. judgments given in first court, without appeal, nerecurate;
2. judgments given in first court which have not been appealed;
3. judgments given in the call, nerecurate;
4. the decisions given in the appeal even if they were solved pricinii Fund;
5. any other ruling which, by law, cannot be appealed. "
25. article 386 shall read as follows: Art. 386.-levy of execution is not going to be able to do on holidays, according to the law, except in urgent cases in which the execution may be approved by the President of the Court of enforcement. "
26. Article 409 amend as follows:-paragraphs 1 and 2 the term "monthly net wage tariff ' is replaced by ' net monthly salary", and the term "Socialist property" with "public property";
-paragraph 4 shall read as follows: "aid for temporary incapacity, compensation paid to employees in the event of the contract of employment on the basis of any legal provisions, as well as the help of unemployment should not be pursued for amounts owed by way of maintenance obligations and damages to repair damage caused by death or by bodily injury."-paragraph 6 shall read as follows :
' Aid in case of death, for pregnancy and child care lehuzie, ill, allowances and any other special allowances, and scholarships cannot be traced to any kind of debt. "
27. paragraphs (4) and Article 551 5 shall read as follows: "this Ordinance shall transcribe the registers kept by the notary system mutations of the appropriate State Court of enforcement.
Adjudication order is subject to appeal. "
28. Article 552 shall read as follows: Art. 552.-the debtor pursued, creditors or any other interested person may appeal against the order of adjudication, within 40 days of the date the transcript thereof, under art. 551 paragraph 3. 4. ' 29. Article 557 para 2 shall read as follows: "the interested party will prove neatacarea Appeal Ordinance award is a certificate issued by the Court jurisdiction under the law to receive the request for appeal."
30. In article 581, after paragraph 1, insert a new paragraph with the following: "an application for a Presidential Ordinance will enter the Court's competence to rule on the law Fund."
31. article 582 shall read as follows: Art. 582.-Order is subject to appeal within 5 days after delivery, if it is given with the attendance of the parties, and, if the communication was given without citing them.
The Court of appeal may suspend the execution of the judgment pending the appeal, as to oblige the party to lodge a security.
The time limit for appeal is 5 days and run from the pronouncement for the parties and from the lack of communication.
Call and notice of appeal shall judge the urgency and, in particular, with the attendance of the parties.
Against the execution of presidential ordinances can do opposition. "
32.585 Article shall read as follows: Art. 585.-If missing folder or entries looked a pronunţase in which the sake a judgment that has become final, a judgment that will remake the Court Fund, following the procedures laid down in articles 81 and 82. 583 and 584. "
33. In article 609, the words "people's Tribunal" section are replaced by "the Court".
34. In article 612 (4) shall read as follows: "the application for divorce, along with records of the evidence will be presented personally by the applicant the Court President."
35. article 613 shall read as follows: Art. 613.-the President of the Court, the application for divorce, the plaintiff will give tips for reconciliation, and if it's request, aftertaste will fix the time limit for prosecuting the case. "
36. article 613 ^ 1 shall read as follows: Art. 613 ^ 1. -Where an application for divorce is based on consent of the parties, it shall be signed by both spouses. Where, in the action for divorce, husbands will be established and the manner in which they agreed to be settled the divorce applications accessories.
Receiving the application for divorce made in the conditions of paragraph 1. 1, the President of the Court will verify the existence of consimtamintului spouses, after which, it will fix a time limit of two months during the public meeting. At the time of trial, the Court will verify the aftertaste husbands dissolution of marriage on the basis of their agreement and, if so, will move to the prosecution of the application, without having to manage the evidence about the reasons for divorce.
For the settlement name accessories that husbands will wear after divorce, alimony and maintenance housing assignment, the Court will depend on the availability when you deem it necessary, the management of the samples provided by law. "
37. Article 616 shall read as follows: Art. 616.-If at the time of trial, in the first court, plaintiff wrongly summoned and is missing only the defendant, the request will be rejected as unsupported. "
38. Article 616 ^ 1 shall read as follows: Art. 616 ^ 1. -If the procedure for calling the defendant husband was met through the display and it could not be presented at the first trial, the Court will require research or evidence will become available to verify if the defendant is domiciled at the place indicated in the application and, if the constant that do not reside there, will have his domicile or citation, as well as, where at the place or work. "
39. In article 617 introduce paragraphs 2 and 3, with the following content: "the judgement by which rule divorce will not motivate, if both parties request the Court to do this.
In the cases provided for by art. 38 para. 2 of the family code, the Court shall order dissolution of marriage without pronouncing the divorce by the fault of one or both spouses. "
40. Article 2 paragraph 618 shall read as follows: "action for the divorce will go out through the reconciliation of the spouses in any phase of the process, even if it intervenes in the Court of appeal and the appeal or call times are not timbrate appeal according to law."
619. Article 41 shall read as follows: Art. 619.-the term of appeal, and the appeal is 30 days and flows of communication.
Appeal or, where appropriate, the applicant's appeal against the ruling which rejected the request will be rejected as not supported, if the judgment is only the defendant.
Or call the defendant's appeal will be prosecuted even if they depict only the complainant.
Judgment rule pursuant to article. ^ 1 (1) 613. 1 is final and irrevocable in respect of divorce.
Date of judgement in matters of divorce is not subject to review. "
722. Article 42 shall read as follows: Art. 722.-carrying out acts of procedure and their communication is done free of charge.
The expenses needed to carry out acts of procedure and their communication by mail or other means, arising from the process, cover the assigned funds specifically for this purpose from the State budget. "
43. Article 733 shall read as follows: Art. 733.-fines imposed pursuant to the provisions of the code on front is executed according to the legal provisions relating to enforcement of the amounts due of the State budget. "
The fines provided for in article 2 in the limits of the civil procedure code shall be as follows:-in article 10. 35, from 3,000 to 10,000 lei;
-in article 11. 95 para. 5, from 5,000 to 15,000 lei;
-in article 11. 99 para. 1, from 500 to 3,000 lei;
-in article 11. 185, from 3,000 to 10,000 lei;
-in article 11. 188 paragraph 1. 1, from 500 to 3,000 lei;
-in article 11. 194, from 1,000 to 5,000 lei;
-in article 11. 205 paragraph 1. 3, from 1,000 to 5,000 lei;
-in article 11. 209 paragraph 2. 2, from 500 to 3,000 lei;
-in article 11. 405, from 3,000 to 10,000 lei;
-in article 11. 437 para. 2, from 5,000 to 20,000 Ron.
Article 3 the following terms of the code of civil procedure shall be replaced as follows:-"the Socialist Republic of Romania", with "Romania";
-"Official Gazette of the Republic of Romania was.", with "Official Gazette";
-"The Court of Cassation of the Supreme Court" and "", the "Supreme Court of Justice";
-"Court" with "appellate court";
-"regional court" with "Court";
-"Tribunal", with Capital "Bucharest Court";
-"people's Court" and "people's Court", with "District Court";
-"book of law" with the sentence ";
-"portărel", "enforcement agent", "agent tracking", and other similar names designating an official with powers of execution, with the "bailiff";
-"police agent" and "Commissioner of police", with "petty officer" and the "police officer", if applicable;
-"forethought", with "Council";
-"popular", with "local Board" or "County Council", as appropriate.
Article 4 the laws relating to the stamp duty for the application for appeal is applied properly and in demand.
Article 5 Causes pending judgment in the courts, even if they are auctioned off by reference, will be held, as appropriate, for further worldwide judgment, or will be sent to court jurisdiction, according to the rules of the jurisdiction of this law material.
The courts seised before entry into force of this law will continue to govern, even though, according to law No. 92/1992 for the judicial organisation, change territorial jurisdiction.
Ordinary appeals, except for appeals in administrative courts, the matter will be considered, and it will be solved according to their material laid down by this law, including the situation with restraint forms: in these cases, the interested parties shall have a period of 30 days after the entry into force of this law, for the fulfilment of the conditions of form and of substance concerning the judgment call and, when necessary, for referral to the Court of appeal.
Review applications and complaints concerning the annulment judgments given before the entry into force of this law shall be judge of the Court which, according to the law, it is incumbent upon the face of the Court which gave the decision appealed against. Decisions on these data requests are subject to, also the rights of appeal provided for in this law.
Extraordinary appeals with which courts have been seised prior to the entry into force of this law will continue to be judged, and if forms with reference to a new judgment, the causes will be sent to the competent authorities according to the same laws.
Final judgments during the period 30 June 1992-30 June 1993 can be challenged with an appeal provided for in this Act by the interested party, within 60 days after the entry into force of the same law.
Decisions in matters of Land Fund Law nr. 18/1991, the final judges before entry into force of this law may be appealed, the appeal provided for by this law, by the interested party, within 90 days from the date of entry into force of this law, regardless of their date of pronouncement.
In all cases in which, under the law of the jurisdiction of the material before the Court, invested is amended, the files are sent to the competent court of its own motion. The provisions of article 725 of the code of civil procedure shall apply.
Where, exceptionally, could not be organized some of the courts referred to in the annex. 1 of law No. 92/1992 for the judicial organisation until the entry into force of this law, the causes will be resolved by the competent courts, according to the previous law.
Time limits for the exercise of rights of appeal, pending the entry into force of this law shall begin to run again from that date.
Execution runs commenced before the entry into force of this law shall be continued by the courts enforcing invested.
Article 6 Are and shall remain abrogated: art. 2 ^ 1, art. 22 ^ 1, art. 109 ^ 1, art. 120 ^ 1, art. 120 ^ 2, art. 260 paragraph 6. 3 and 4, art. 266 para. 2, art. 269 ^ 1, art. 307, art. 329 ^ 1, art. 329 ^ 2, art. 371, 375, art provisions in cap. Book VI-XIV of art. 720 720 ^ ^ 1-16, art. 724, art. 726, art. 728, art. 729, art. 730, art. 731, art. 732, art. 734, art. 735 para. 2 of the code of civil procedure, art. III of law No. 18 of February 12, 1948, as well as any other provisions contrary to this law.
Article 7 the law on administrative courts no. 29/1990 changed as follows: 1. Article 6 paragraphs 1 and 2 shall read as follows: "Judging actions based on art. 1 of this Act is the competence of the Court of first instance or the Court of appeal in whose territorial RADIUS the plaintiff is domiciled, according to material competence under article. 2 and 3 of the code of civil procedure.
The Court judging the actions of emergency public meeting, the Panel established by law. "
2. Article 1 shall read as follows: "the sentence of the Court which has settled the action provided for in this law may be appealed against with the appeal within 15 days of the notice."
3. In article 16(1), the term "final judgment" is replaced by "final judgment".
4. Article 17 1 shall read as follows: "For the settlement of disputes provided for in this law shall be established at the Supreme Court of Justice, the Court of appeal and the courts of law, administrative wards."
5. Throughout the law. 29/1990, the term "tribunal" or "Tribunal" shall be replaced by the corresponding with "Court" or "Court".
Article 8 of the family code, modify it as follows: 1. Article 37 paragraph 2 shall read as follows: "marriage may loosen through divorce."
2. Article 38 shall read as follows: Art. 38.-the Court can terminate his marriage through divorce when, due to special reasons, relations between spouses are seriously injured and continuation of the marriage is no longer possible.
Divorce can be pronounced only on the basis of the agreement of both spouses, if the following conditions are met: (a)) until such time as the application for divorce has passed for at least one year after the termination of the marriage;
b) there are no minor children resulting from the marriage.
Either of the spouses may demand a divorce when his health condition makes impossible the continuation of marriage.
The settlement of the divorce, concerning accessories says minor children, the obligation of maintenance and use of the dwelling, the Court shall keep account of the interests of minors. "
3. Article 39 paragraph 1 shall read as follows: "marriage is terminated from the day when the judgment pronounced the divorce has remained irrevocable."
Article 9 Law nr. 94/1992 concerning the Organization and functioning of the Court of Auditors shall amend to read as follows: 1. After article 77 shall introduce two new articles, article 77 article 77 ^ 1 and ^ 2, with the following content: "Art. 77 ^ 1. Courts-judgments of the Court of Auditors are not subject to appeal.
Art. 77 ^ 2. -The first judgements handed down Against the Court may declare the appeal, which is limited to grounds for cassation. 304 of the code of civil procedure, the Court may examine the cause in all aspects. "
2. In article 84 shall be inserted a new paragraph, the third, with the following contents: "(3) upon acceptance of an appeal in the interest of the law, the Court may modify the sentence or a can with restraint and rejudeca in the background. However, in the case of forms for lack of jurisdiction, the cause is sent back towards the competent court or another competent body with judicial activity, according to the law. "
Article 10 nothing in this law shall enter into force on its publication in the Official Gazette of Romania.
This law was adopted by the Chamber of deputies at its meeting on 30 June 1993, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT MARTIAN DAN this law was adopted by the Senate at its meeting on 30 June 1993, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
SENATE PRESIDENT Prof. Dr. O'LEARY GHERMAN — — — — — — — — — — — —-