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Law No. 59 Of 23 July 1993

Original Language Title:  LEGE nr. 59 din 23 iulie 1993

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LEGE No 59 of 23 July 1993 to amend the Code of Civil Procedure, the Family Code, the Law of Administrative Litigation no. 29/1990 and a Law no. 94/1992 on the organisation and functioning of the Court
ISSUER PARLIAMENT
Published in OFFICIAL GAZETTE NO. 177 of 26 July 1993



The Romanian Parliament adopts this law + Article 1 The code of civil procedure shall be amended and supplemented as follows: 1. Book I will be called "Competence of the courts". 2. Title I "Competence by matter" in book I will read as follows: "" Art. 1. -Judges judge: 1. In the first instance, all processes and applications, apart from those given by law in the jurisdiction of other courts; 2. the complaints against the decisions of the public administration authorities with jurisdictional activity and other bodies with such activity, in the cases provided by law; 3. in any other matters given by law in their jurisdiction. Article 2. --The courts judge: 1. in the first instance: a) processes and applications in commercial matters with the exception of those whose object has a value of up to 10 million lei inclusive; b) the processes and applications regarding rights and obligations resulting from civil legal relations, the object of which has a value of over 150 million lei; c) processes and applications in matters of administrative litigation, apart from those given in the competence of the courts of appeal; d) processes and applications for intellectual and industrial property creation; e) expropriation processes and applications; f) applications for the consent of adoptions; g) applications for the prohibition, declaration of disappearance and declaration of death; h) applications regarding the nullity of the marriage, the nullity or dissolution of the adoption and those for the forfeiture of parental rights; i) requests for compensation of damages caused by miscarriages committed in criminal trials; j) applications for recognition, as well as those for the consent of the forced execution of decisions given in foreign countries; 2. as appellate courts, appeals declared against decisions rendered by judges in the first instance; 3. as courts of appeal, appeals declared against judgments handed down by judges as last resort; 4. in any other matters given by law in their jurisdiction. Article 3. -The courts of appeal judge: 1. in the first instance, the processes and applications in matters of administrative litigation regarding the acts of competence of central public administration authorities, prefectures, decentralized public services at county level, ministries and of the other central bodies, of the county public authorities and the city of Bucharest; 2. as appellate courts, appeals declared against judgments handed down by courts in the first instance; 3. as courts of appeal, appeals declared against decisions rendered by the courts on appeal, as well as in other cases provided by law; 4. in other matters given by law in their jurisdiction. Article 4. -Supreme Court of Justice judges: 1. appeals declared against decisions of courts of appeal and other decisions, in cases provided by law; 2. appeals in the interest of the law; 3. appeals for cancellation; 4. in any other matters given by law in its jurisdiction. Art. 4 ^ 1. -The jurisdiction of the courts in connection with the arbitration regulated by book IV belongs to the court which would have been competent to settle the dispute in substance, in the absence of an arbitration agreement. " 3. Article 8 (2) shall read as follows: " When several judges in the constituency of the same court are both competent, the applications in which the persons shown in par. 1 shall be entered at the court of the county of residence of the county, and in the capital, at the court of sector 4. " 4. in Article 22, the following paragraph shall be inserted after paragraph 3: " There is a conflict of competence, in the sense of 20 20, and where it arises between courts and other bodies with jurisdictional activity. In this case, the conflict of jurisdiction is solved by the hierarchical court superior to the court in conflict, the provisions of 21 21 being applicable. ' 5. Article 27 (2) shall read as follows: "" 2. when he is a husband, relative or afin in direct line or in line, up to the fourth degree inclusive, with the lawyer or trustee of a party or if he is married to the brother or sister of the husband of one of these persons; " 6. Article 45 (1) shall read as follows: " The Public Ministry may introduce any action, apart from those strictly personal and participate in any process, in any phase thereof, in cases where it is necessary to defend the legitimate rights and interests of minors and of persons placed under prohibition, as well as in other cases provided by law. " 7. Article 94 shall read as follows: "" Art. 94. -When the communication of procedural documents cannot be done because the building was broken down, it has become uninhabitable or for another similar reason, the agent will file the act at the court Registry, which will notify in advance the part about this circumstance, provisions of Article 95 95 being properly applicable. ' 8 158 (2) and (3) shall read as follows: " If the court declares itself competent, it will proceed to trial the case, the one dissatisfied with being able to make, according to the law, appeal or appeal after the decision on the fund. If the court declares itself uncompetitive, it shall send the file to the competent court or, as the case may be, to another body with competent judicial activity, as soon as the judgment has become irrevocable. The term for the exercise of the remedy flows from the ruling. " 9. Article 193 shall read as follows: "" Art. 193. -Before he is heard, the witness takes the following oath: " I swear that I will tell the truth and that I will not hide anything that I know. So help me God! " During the swearing-in, the witness holds the hand on the cross or the bible The reference to divinity in the formula of the oath changes according to the religious faith of the witness. The witness of another religion than the Christian one is not applicable to the provisions of par. 2. The witness without confession will file the following oath: "I swear on honor and conscience that I will tell the truth and I will not hide anything that I know." Witnesses who for reasons of conscience or confession do not take the oath will speak before the court the following formula: "I am bound to tell the truth and that I will not hide anything that I know." The situations referred to in paragraph 1. 3, 4, 5 and 6 shall be retained by the judicial body on the basis of the claims made by the witness. After taking the oath, the president will consider the witness that, if he does not tell the truth, he commits the crime of false testimony. About all this is made mention in the written statement. The minor who has not turned 14 does not take the oath; however, his attention is drawn to tell the truth. " 10. Article 255 (1) shall read as follows: "The decisions by which the substance of the case is solved in the first instance are called" sentences ", and the decisions by which the appeal is resolved, the appeal, as well as the appeal in the interest of the law or in annulment are called" decisions "." 11. in Article 258, the following paragraph shall be inserted after paragraph 3: "The device of the judgment shall be recorded in a special register held by each court." 12. Article 261 (2) shall read as follows: " If, after the ruling, one of the judges is unable to sign the judgment, the president of the court will sign it in his place, and if the one in impossibility to sign is the Registrar, the judgment will be signed by the chief clerk, making mention of the case which prevented the judge or the Registrar from signing the judgment. ' 13. Article 266 (1) shall read as follows: "The decision will be made in two original copies, one of which is attached to the case file, and the other will be submitted, for preservation, to the court's decision file." 14. Article 269 (1) shall read as follows: " The decisions will be invested with the enforceable formula, as follows: "We, President of Romania" (Here follows the ruling.) " We give power to and order the administrative agents and the public force to execute this (ruling); to prosecutors to arouse bringing it to fruition. To faith, the presence (ruling) was signed by ........ (Follow the signature of the president and the clerk.) " 15. Article 279 (2) (1) shall read as follows: "" 1. in matters of displacement of judgment, abolition of construction, plantations or any works having a fixed settlement; " 16. Title IV "Ordinary remedies" of Book II shall read as follows: "" CHAPTER I Call Section I Term and forms of appeal Art. 282. -The decisions given in the first court of trial are subject to appeal to the court, and the judgments given in the first instance by the court are subject to appeal to the court of appeal. Against the foregone conclusion, only a date with the fund can be appealed, apart from the case when the course of judgment has been interrupted or suspended. The appeal of the judgment shall also be made against the foregoing. Art. 283. -The party that expressly waived the appeal on a ruling no longer has the right to appeal. Article 284. -The term of appeal is 15 days from the communication of the judgment, if the law does not have otherwise. The term of appeal flows even if the communication of the judgment was made once with the summons of execution. If a party appeals before the communication of the judgment, it shall be deemed communicated at the time of the application of the appeal. For the prosecutor the term of appeal flows from the ruling, apart from the cases in which the prosecutor participated in the trial of the case, when the term flows from the communication of the judgment. Article 285. -The term of appeal is interrupted by the death of the party who has interest in appealing. In this case it is again made a single communication of the judgment, at the latter's home of the party, on behalf of the inheritance, without showing the name and quality of each heir. The appeal deadline will start to run again from the date of communication provided in par. 1. For incapacitated heirs, those with restricted or missing capacity or in case of vacant inheritance, the term will flow from the day on which the guardian, curator or provisional administrator will be appointed. The appeal does not constitute by itself an act of acceptance of the inheritance. Art. 286. -The term of appeal is also interrupted by the death of the trustee who was made communication. In this case a new communication will be made to the party, at its home, and the appeal deadline will start to run again from this date. Art. 287. -The call for appeal will include: 1. name, domicile or residence of the parties 2. the appeal of the appeal; 3. the factual and legal reasons on which the appeal is based; 4. the evidence invoked in support of the appeal; 5. signature. The requirements of point 2 and 5 are provided under penalty of nullity, and those of item 3 3 and 4, under penalty of decay. These requirements can be fulfilled until the latest on the first day of appearance, and the lack of signature, under the conditions provided by art. 133 133 para. 2. When the proposed evidence is witnesses or unburned documents at the first instance, the provisions of art. 112 112 section 5. Art. 288. -At the request of appeal will join so many children read intimates are. The appeal is filed with the court whose judgment is appealed, under the sanctions of nullity The president will submit the file to the appellate court, together with the calls made, only after the deadline for appeal for all parties However, the appeal will be sent immediately if a request was made to suspend the execution of the first court's ruling. Article 289. -The president of the appellate court, as soon as he receives the file, will fix the appearance term, according to 114, and will order citation of the parties. At the same time, the president will order to communicate to the intimate, once with the subpoena, a copy of the call request, together with the certified copies on the adjoining documents and which were not presented at the first instance, asking him to submit On file intimation. Art. 113 113 para. 2 2 are properly applicable. Appeals made against the same ruling will be assigned to a single section of the appellate court. Article 290. -When the calls made against the same decision were assigned to special wards, the president of the last investment section will order the sending of the call to the first section invested. Article 291. -If the intimate did not receive, within the deadline provided by art. 114, the communication of the grounds of appeal and the evidence invoked, will be able to ask, on the first day of appearance, a term within which to submit to the file intimation. If the intimate is missing on the first day of appearance and the court finds that the grounds of appeal have not been communicated, it will order the postponement of the case and the communication, and if the reasons have not been communicated within, the court will order the postponement of the case meeting the requirements of art. 114 114 para. 5. Art. 292. -The parties will not be able to use, before the court of appeal, other reasons, means of defense and evidence than those invoked at the first instance or shown in the request for appeal and intimation, except the case provided in art. 138. NOTE: Article 293 was repealed by Decree no. 132 132 of 19 June 1952. Section II Judgment of appeal Article 294. -The appeal cannot change the quality of the parties, the cause or the object of the call for appeal, nor can any new requests be made. Procedural exceptions and such other means of defence are not considered new applications. However, interest rates, rates, income reached and any other compensation arising after the decision of the first court will be required. It will also be possible to seek legal compensation. Art. 295. -The appeal court will be able to approve the restoration or completion of the evidence administered at the first instance, as well as the administration of other evidence, if it considers them necessary for the Article 296. -The appeal court may keep or change in whole or in part the judgment under appeal. Article 297. -If it is found that, wrongly, the first court resolved the trial without entering into the research of the fund or the judgment was made in the absence of the party that was not legally cited, the appellate court will abolish the judgment under appeal and send cause for retrial of the first instance. If the judgment has been abolished for lack of jurisdiction, the case shall be sent for retrial to the competent court or to another body with competent judicial activity. Art. 298. -The provisions of the proceedings on trial in the first instance shall also apply in the appellate court, in so far as they are not averse to those contained in this Chapter. Chapter II The Appeal Section I The term and forms of the appeal Article 299. -The decisions given without right of appeal, those given on appeal, as well as, under the conditions provided by law, the decisions of other bodies with jurisdictional activity are subject to appeal. Art. 300. -The appeal suspends the execution of the decision only in cases regarding the displacement of the borders, the abolition of constructions, plantations or any works having a fixed settlement, as well as in the specific cases provided by law. On request, the court seised with the appeal may order, motivated, the suspension of the execution of the judgment recurred in other cases than those referred to in par. 1. The suspension on request of the execution of the judgment may be granted with or without the filing of a security that will be determined after hearing the parties quoted in the council chamber. In urgent cases, the President of the Board of Appeal may order, upon request, by reasoned conclusion, suspension of execution and without summoning the parties, even before the receipt of the file The court may return to the suspension granted, paragraph 1. 3 3 and 4 being properly applicable. Article 301. -The term of appeal is 15 days from the communication of the judgment, if the law does not have otherwise. Art. 284 284 shall apply accordingly. Article 302. -The appeal is filed in court whose judgment is attacked, under penalty of nullity. Article 303. -The appeal will be motivated by the appeal itself or within the appeal period. The deadline for submitting the reasons shall be counted from the communication of the judgment, even if the appeal was made before. The application for appeal will include showing the reasons for scrapping and their development. In cases where the Public Ministry participated in the trial, a copy will be submitted from the grounds of scrapping for the prosecutor. The president of the court, who receives the request for appeal, will be able to return it to the present party, if he does not meet the conditions provided by law, to be restored, extending the appeal deadline by 5 days. After the end of the term of appeal for all parties, the court of which the judgment is appealed will submit to the court of appeal the case together with the evidence of carrying out the procedure for communicating the Article 304. -The casing of a judgment may be required: 1. when the court was not made up according to legal provisions; 2. when the judgment was given by other judges than those who took part in the substantive debate of the matter; 3. when the judgment was given in violation of the jurisdiction of another court; 4. when the court exceeded the powers of the judiciary; 5. when, by its judgment, the court violated the forms of procedure provided for under the sanction of nullity of art. 105 105 para. 2 2; 6. when the court did not rule on an end of the application, it granted more than was requested or what was not required; 7. when the judgment does not contain the reasons on which it is supported or when it includes contradictory or foreign reasons of the nature of the 8. when the court, misinterpreting the legal act inferred to the judgment, changed the nature or the clear and manifestly unquestionable meaning of it; 9. when the judgment rendered is free of legal basis or was given in violation or misapplication of the law; 10. when the court did not rule on a defence or evidence administered, which were decisive for the unbundling of the case; 11. when the judgment is based on a serious mistake in fact, arising from an erroneous appreciation of the evidence administered. Art. 304 ^ 1. -The appeal declared against a decision that, according to the law, cannot be appealed is not limited to the reasons for scrapping provided for in art. 304, the court being able to examine the case in all aspects. Article 305. -No new evidence can be produced in the appeal court, except for the documents. Article 306. -The appeal is void if it was not motivated within the legal term, except in the cases provided in par. 2. The reasons for public order can also be invoked ex officio by the appeal court, which, however, is obliged to put them up for debate. The wrong indication of the grounds of appeal does not attract the nullity of the appeal if their development makes it possible to fit them in one of the reasons provided by art. 304. Article 307. -Repealed. Art. 308. -The president of the court, after finding that the procedure for communicating the decision has been fulfilled, will fix the court term and will order the citation of the parties and the communication of the grounds of appeal. The intimate will be able to file intimately at least 5 days before the trial deadline. The president, setting the term of judgment, may nominate a judge for the preparation of a report on the appeal. At the Supreme Court of Justice the report is drawn up by a judge or an assistant magistrate. The report will include, in short, the appearance of the object of the call for appeal, the solution recurred, as well as its grounds, to the extent that it is necessary to resolve the appeal. The report will have to be submitted at least 5 days before the day of the appearance. Section II Judgment of the appeal and the effects of scrapping Art. 309. -The president will speak to the parties after reading the report. The prosecutor speaks the latter, out of the case when it is the main or recurring part. Art. 310. -If it does not prove, on the first day of appearance, that the appeal has been filed over the term or if this proof does not appear from the file, it will be counted in the term. Art. 311. -The cased ruling has no power. Acts of execution or insurance made in the power of such a judgment shall be abolished by law, if the court of appeal does not have otherwise. Art. 312. -The courts of appeal and the courts, in case of scrapping, will judge the case in substance. However, if the court, the ruling of which is recurred, settled the lawsuit without entering into the substance of the fund or the judgment was made in the absence of the party that was not regularly cited at the administration of the evidence and the debate the fund, the court of appeal, after the scrappage, sends the case to the retrial of the court which delivered the casata or other court of the same degree. In the case of scrapping for lack of competence, the case is sent for retrial to the competent court or the body with competent jurisdictional activity, according to the law. If the court of appeal finds that it itself was competent to settle the case in the first instance or on appeal, it will house the judgment recurred and settle the case according to its jurisdiction. Article 313. -The Supreme Court of Justice, in the case of scrapping, refers the case to a new judgment of the court which rendered the judgment scrapped or, when the interests of the good administration of justice require it, to another court of the same degree, unless the casing for lack of competence, when sending the case to the competent court or another body with competent judicial activity according to the law. Article 314. -The Supreme Court of Justice decides on the merits of the case in all cases in which it scrapes the judgment under appeal only for the purposes of the correct application of the law to factual circumstances that have been fully established. Article 315. -In the case of scrapping, the appeals court's rulings on untied law issues are binding on the fund's judges. When the ruling was scrapped for non-compliance with procedural forms, the judgment will restart from the annulled act. After the scrapping, the court of law will judge again, taking into account all the reasons invoked before the court whose judgment was scrapped. Article 316. -The provisions of the proceedings on appeal shall also apply to the court of appeal, in so far as they are not averse to those contained in this chapter. " 17. Article 319 (2) shall read as follows: " The appeal can be made before the start of execution and in all its time, until the last act of execution is committed. Against irrevocable decisions that are not brought to fruition by means of enforcement, the appeal may be brought within 15 days from the date when the objector became aware of the judgment, but not later than one year after the date when the ruling remained irrevocable. " 18. In Articles 322 (1), 323 (1), 324 (1) and (5) and 327 (1), the term 'consummate judgment' shall be replaced by 'final judgment'. 19. Chapter III of Title V "Extraordinary remedies" of Book II shall be referred to as "Appeal in the interest of the law and appeal for annulment" and shall read as follows: "" Art. 329. -The Prosecutor General, ex officio or at the request of the Minister of Justice, has the right, to ensure the interpretation and application of the law on the whole territory of the country, to ask the Supreme Court of Justice to rule on matters of law who have received a different settlement from the courts. The decisions by which the referrals are resolved shall be pronounced by the united sections and shall be notified to the courts by the Ministry of Justice The solutions are pronounced only in the interest of the law, they have no effect on the judicial decisions examined nor on the situation of the parties in those processes. The unbundling of court issues is mandatory for courts. Article 330. -The Prosecutor General, ex officio or at the request of the Minister of Justice, may appeal with appeal for annulment, at the Supreme Court of Justice, irrevocable court decisions for the following reasons 1. when the court exceeded the powers of the judiciary; 2. when offences were enjoyed by the judges in connection with the judgment delivered. Art. 330 ^ 1. -The appeal for cancellation can be declared at any time. Art. 330 ^ 2. -The Prosecutor-General may order on a limited period the suspension of the execution of the judicial decisions before the appeal is brought in After the appeal is brought for annulment, the court may order the suspension of the execution of the decisions or return to the suspension granted. Art. 330 ^ 3. -The appeal and resolution of the appeal for annulment shall apply accordingly to the provisions on appeal. The appeal of the appeal for annulment is made with the participation of the prosecutor, who exposes the reasons for this appeal and Art. 330 ^ 4. -Until the closing of the debates the Prosecutor General may withdraw his appeal for annulment. In this case, the parties in the trial may seek further judgment. " 20. Book IV shall be referred to as "Arbitration" and shall read as follows: "" CART IV About Arbitration Chapter I General provisions Article 340. -Persons who have the full capacity of exercise of rights may agree to settle the patrimonial disputes between them on the arbitration path, apart from those that concern rights over which the law does not allow the transaction to be made. Art. 340 ^ 1. -The arbitration may be entrusted, by the arbitral convention, to one or more persons, vested by the parties or in accordance with that convention to judge the dispute and to pronounce a final and binding judgment for them. The sole arbitrator or, as the case may be, the arbitrators invested shall constitute, for the purposes of the present provisions, the Article 341. -The arbitration is organized and carried out according to the arbitration agreement, concluded according to the provisions of the head. II. Subject to the observance of public order or good morals, as well as the mandatory provisions of the law, the parties may establish by the arbitral convention or by written act subsequently concluded, either directly or by reference to a certain regulation having as its object the arbitration, the rules on the constitution of the arbitral tribunal, the appointment, revocation and replacement of arbitrators, the term and place of arbitration, the rules of procedure that the arbitral tribunal must follow in the judgment of the dispute, including the procedure for any prior conciliation, the distribution between the parties arbitral expenses, the content and form of the arbitral award and, in general, any other rules regarding the smooth conduct of arbitration. In the absence of such rules, the arbitral tribunal will be able to regulate the procedure to be followed as will be more appropriate. If neither the arbitral tribunal has established these rules, the provisions to be followed shall apply. Art. 341 ^ 1. -The parties may agree that arbitration should be organized by a permanent arbitration institution or by a third person. Article 342. -In order to remove the obstacles that arise in the organization and conduct of arbitration, the interested party may refer the matter to the court which, in the absence of the arbitral convention, would have been competent to judge the dispute in substance, in the first instance. If the parties have concluded the arbitration agreement during the trial of the dispute at a court, it shall become competent to settle the applications referred to in paragraph 1. 1. The court will settle these requests for urgency and in particular, with the procedure of the presidential order. Chapter II Arbitral Convention a) the defendant has made his defence, without any reservation based on the arbitration agreement; b) the arbitral convention is struck by nullity or is inoperative; c) the arbitral tribunal cannot be constituted by cases manifestly attributable to the defendant in arbitration. Article 343. -The arbitral convention shall end, in writing, under penalty of nullity. It may be concluded either in the form of a compromise clause, entered in the main contract, or in the form of a stand-alone arrangement, called a compromise. Art. 343 ^ 1. -By the compromise clause the parties agree that the disputes that will be born from the contract in which it is inserted or in connection with it will be resolved on the way of arbitration, showing the names of the arbitrators or the manner of their appointment. The validity of the compromise clause is independent of the validity of the contract in which it was entered. Art. 343 ^ 2. -By compromise the parties agree that a dispute arising between them should be settled on the path of arbitration, showing, under penalty of nullity, the object of the dispute and the names of the arbitrators or the manner of their appointment. Art. 343 ^ 3. -The conclusion of the arbitration agreement excludes, for the dispute that is subject to it, the jurisdiction of the courts The arbitral tribunal verifies its own competence to settle a dispute and decides in this regard by a conclusion which can be abolished only by the action for annulment brought against the arbitral award, according to art. 364. Art. 343 ^ 4. -If the parties in the trial have concluded an arbitration agreement, which one of them invokes in the court, it shall verify its jurisdiction. The court will detain the lawsuit if: In the other cases, the court, at the request of one of the parties, will declare itself uncompetitive, if it finds that there is an arbitral convention. In the event of a conflict of jurisdiction, the court of hierarchical court superior to the court before which the conflict arose. Chapter III Referees. Constitution of arbitral tribunal a) if, after acceptance, they unduly give up their assignment; b) if, without justified reason, he does not participate in the trial of the dispute or does not pronounce the decision within the deadline set by the arbitration or law convention; c) if they do not respect the confidential nature of the arbitration, by publishing or disclosing data of which they become aware as arbitrators, without having the authorization of the parties; d) if they flagrantly violate their duties. The term and place of arbitration Article 344. -It can be referee any individual, of Romanian citizenship, who has the full capacity of exercise of rights. Article 345. -The parties determine whether the dispute is judged by a sole arbitrator or two times by several arbitrators. If the parties have not established the number of arbitrators, the dispute shall be judged by three arbitrators, one appointed by each of the parties, and the third-the superreferee-appointed by the two arbitrators. If there are more claimants or more pirates, the parties that have common interests will appoint a single arbitrator. Article 346. -It is void the clause in the arbitral convention which provides for the right of one of the parties to appoint the arbitrator instead of the other party or to have more arbitrators than the other party. Art. 347. -The arbitrators are appointed, revoked or replaced according to the arbitration agreement. When the sole arbitrator or, as the case may be, the arbitrators have not been appointed by the arbitral convention, nor has the method of appointment been provided, the party that wants to resort to arbitration invites the other party, in writing, to proceed with their appointment. The communication shows the name, domicile and, as far as possible, the personal and professional data of the proposed sole arbitrator or the arbitrator appointed by the party who wants to resort to arbitration, as well as the brief statement of claims and the basis of the Their. Article 348. -The party to which the communication has been made must transmit, in its turn, within 10 days of its receipt, the response to the proposal for the appointment of the single arbitrator or, as the case may be, the name, domicile and, as far as possible, personal data and professional of the referee appointed by her. Article 349. -The acceptance of the charge of arbitrator must be made in writing and communicated to the parties within 5 days from the date of receipt of the appointment proposal. Article 350. -The two arbitrators will proceed to the appointment of the superreferee, within 10 days of the last acceptance. The superreferee will comply with the provisions of 349. Article 351. -In case of misunderstanding between the parties regarding the appointment of the sole arbitrator or if a party does not appoint the arbitrator or if the two arbitrators do not agree on the person of the superarbitrator, the party who wants to resort to arbitration may ask the court the court to appoint the arbitrator or, as the case may be, the superarbitrator. The conclusion of the appointment will be given within 10 days of the referral, with the citation of the parties. She is not subject to remedies. Art. 351 ^ 1. -The arbitrator can be recused for causes that question his independence and impartiality. The causes of recusal are those provided for the recusal of judges. May constitute a cause of recusal and failure to meet the qualification conditions or other conditions regarding arbitrators, provided for in the arbitration agreement. A party may not recuse the arbitrator appointed by it but for reasons arising after the appointment. The person who knows that in respect of there is a cause of recusal is obliged to notify the parties and the other arbitrators before being accepted the commission of the arbitrator, and if such causes occur after acceptance, as soon as he has known them. This person may not participate in the judgment of the dispute unless the parties, notified according to the previous paragraph, communicate in writing that they understand not to ask for the recusal. Even in this case, it has the right to obtain from the judgment of the dispute, without obtaining the recognition of the cause of recusal. Art. 351 ^ 2. -The recusal must be required, under penalty of forfeiture, within 10 days from the date when the party became aware of the appointment of the arbitrator or, as the case may be, from the occurrence of the cause of recusal. The request for recusal shall be settled by the court, provided by art. 342, with the citation of the parties and the arbitrator recused, within 10 days of the referral. The conclusion is not subject to appeal. Art. 352. -In case of holiday, for any cause, recusal, revocation, abstention, waiver, prevention, death, and if no alternate has been appointed or if it is prevented from exercising its charge, it will proceed to the replacement of the right arbitrator the provisions set for his appointment. Article 353. -The arbitrators are liable for damages, under the law: Art. 353 ^ 1. -In the case of arbitration organized by a permanent institution, all the duties of the court under the provisions of this chapter shall be exercised by that institution, according to its regulation, outside only if that regulation provides otherwise. Art. 353 ^ 2. -The arbitral tribunal shall be deemed constituted on the date of the last acceptance of the charge of the arbitrator or, as the case may be, The date of acceptance is that of the dispatch by post of the communication provided by art. 349. Art. 353 ^ 3. -If the parties have not provided otherwise, the arbitral tribunal must pronounce the judgment no later than 5 months after the date of its establishment. The term is suspended during the trial of a request for recusal or any other incident request addressed to the court provided by art. 342. Parties may consent in writing to the extension of the arbitration deadline. The arbitral tribunal may also order, for thorough reasons, the extension of the term by no more than two months. The term shall be extended by right by two months in the case provided by art. 360 ^ 3, as well as the death of one of the parties. The passage of the term provided for in this Article may not constitute a reason for the arbitration to be brought out unless one of the parties has notified the other party and the arbitral tribunal, until the first term of appearance, that it understands to summon the caducity. Article 354. --The parties determine the place of arbitration In the absence of such provision, the place of arbitration shall be determined by the arbitral tribunal Chapter IV Referral of the arbitral tribunal. Contents of the request for arbitrary Intimation. Counterclaim Article 355. -The arbitral tribunal shall be referred to the applicant by a written request, which shall include: a) the name, domicile or residence of the parties or, for legal persons, their name and place of business, and, where applicable, the registration number in the Trade Register, telephone number, bank account; b) the name and quality of the person who commits or represents the party in question, with c) the mention of the arbitration agreement, attaching a copy of the contract in which it is inserted, and if a compromise has been concluded, copy thereof; d) the object and value of the application, as well as the calculation by which the determination of this value was reached; e) the factual and legal reasons, as well as the evidence on which the application is based; f) the name and domicile of the members of the g) part signature. The request can also be made by a minutes concluded before the arbitral tribunal and signed by the parties or only by the complainant, as well as by the arbitrators. Art. 356. -The complainant will communicate to the defendant, as well as to each arbitrator, a copy of the request for arbitrary and the attached documents. Art. 356 ^ 1. -Within 30 days of receipt of the copy of the request for arbitrary, the defendant shall make intimation comprising the exceptions concerning the applicant's request, the answer in fact and in law to this request, the evidence proposed in defence, as well as, accordingly, the other particulars provided for in art. 355, for the request for arbitrary. Exceptions and other means of defence, which have not been shown by chance, must be lifted, under penalty of decay, at the latest at the first term of appearance. Art. 358 ^ 12 para. 3 3 remain applicable. If by not filing the dispute the dispute is postponed, the defendant will be able to pay the refereeing expenses caused by amination. Art. 356 356 shall apply accordingly. Article 357. -If the defendant has claims against the plaintiff, deriving from the same legal report, he may make the counterclaim. The counterclaim will be introduced within the time limit for the submission of the intimation or at the latest until the first term of appearance and must meet the same conditions as the main application. Chapter V Arbitration Procedure Art. 358. -In the entire arbitration procedure must be ensured to the parties, under penalty of nullity of the arbitral award, equal treatment, respect for the right of defence and the principle of contradictoriality. Art. 358 ^ 1. -The communication between the parties or to the parties of the documents of the dispute, of the subpoenas, the arbitral decisions and the meetings of the meeting shall be made by registered letter with the delivery receipt or with acknowledgement of receipt. Information and notices may also be made by telegram, telex, fax or any other means of communication which allows the communication of the communication and the text transmitted. The documents can also be handed over to the party, under signature. The communication evidence shall be submitted on file. Art. 358 ^ 2. -Immediately after the expiry of the deadline for the submission of intimation, the arbitral tribunal verifies the state of preparation of the dispute for debate and, if necessary, will order the appropriate measures to complete the file. After this verification and, if applicable, after completing the file, the arbitral tribunal shall fix the term of debate of the dispute and order the citation of the parties. Art. 358 ^ 3. -Between the date of receipt of the citation and the term of debate there must be a time frame of at least 15 days. Art. 358 ^ 4. -The parties may participate in the debate of the personal dispute or by representatives and may be assisted by any person. Art. 358 ^ 5. -The failure to present the quoted legal party does not prevent the debate of the dispute, except if the missing part does not require, at the latest until the debate, the postponement of the dispute for thorough reasons, with the same term and the other party, as well as referees. Amination can only be given once. Art. 358 ^ 6. -Any of the parties may request in writing that the settlement of the dispute be made in its absence, based on the documents on file, art. 358 ^ 3, however, remain applicable. Art. 358 ^ 7. -If both parties, although legally cited, do not present themselves within the deadline, the arbitral tribunal will settle the dispute besides the case in which the postponement was sought for thorough reasons. The arbitral tribunal may also amuse the judgment of the dispute, by reading the parties, if they appreciate that their presence at the debate is necessary. Art. 358 ^ 8. -Before or in the course of arbitration either party may ask the competent court to consent to insurance measures and temporary measures in respect of the object of the dispute or to find certain circumstances in fact. On this request will be attached, in copy, the request for arbitrary or, in absentia, proof of the communication provided by art. 347 347 para. 2 and 3, as well as the arbitral convention. The consent of these measures will be brought to the attention of the arbitral tribunal by the party who asked them. Art. 358 ^ 9. -In the course of arbitration, the insurance measures and the temporary measures, as well as the finding of certain circumstances in fact, can also be approved by the arbitral tribunal. In case of resistance, the execution of these measures shall be ordered by the court. Art. 358 ^ 10. -Each of the parties has the task of proving the facts on which the claim or defence is based in dispute. In order to resolve the dispute, the arbitral tribunal may ask the parties for written explanations of the object of the application and the facts of the dispute and may order the administration of any evidence provided by law Art. 358 ^ 11. -The administration of the evidence is carried out at the arbitration tribunal It may order that the administration of evidence be carried out before an arbitrator in the composition of the arbitral tribunal. Listening to witnesses and experts is done without a oath of oath. The arbitral tribunal may not resort to means of coercion nor to impose sanctions on witnesses or experts. In order to take these measures the parties may apply to the court provided by art. 342. The assessment of the evidence is made by the arbitrators according to their intimate conviction. Art. 358 ^ 12. -Any exception regarding the existence and validity of the arbitration agreement, the constitution of the arbitral tribunal, the limits of the commission of arbitrators and the conduct of the proceedings until the first term of appearance, must be lifted, under penalty of decay, the later this first term, if a shorter deadline has not been set. Any requests of the parties and any documents will be submitted at the latest until the first term of appearance. Samples that were not required at the latest until the first day of appearance will no longer be able to be invoked in the course of arbitration, except in cases where: a) the necessity of proof would emerge from the debates; b) the administration of the sample does not cause the resolution of the dispute. Art. 358 ^ 13. -The arbitral debates will be recorded at the conclusion of the meeting. Any provision of the arbitral tribunal shall be recorded and shall be reasoned. The conclusion of the meeting will include, in addition to the mentions provided in art. 361 lit. a) and b), and the following entries: a) a brief description of the meeting; b) the parties ' requests and submissions; c) the reasons on which the measures are supported; d) device; e) signatures of arbitrators, observing the provisions of art. 360 360 ^ 2. The parties shall be entitled to take note of the content of the terminations and the documents At the request of the parties or ex officio the arbitral tribunal may direct or complete the conclusion of the meeting, by another conclusion. The parties shall be notified, upon request, of the conclusion of the meeting. Chapter VI Arbitral expenses Article 359. -Expenses for the organization and conduct of arbitration, as well as arbitral fees, expenses of administration of evidence, expenses of travel of parties, arbitrators, experts, witnesses, shall be borne according to the agreement between Parts. In the absence of such a settlement, the arbitral expenses shall be borne by the party which has lost the dispute, in full if the request for arbitrariness is admitted in full or in proportion to what has been granted, if the application is admitted in part. Art. 359 ^ 1. -The arbitral tribunal may provisionally assess the amount of arbitral fees and compel the parties to record that amount by equal contribution. The parties may be jointly bound by payment. If the defendant does not fulfill his obligation according to par. 1, within the deadline set by the arbitral tribunal, the plaintiff will record the entire amount, following that by the arbitral award the amount of the fees due to the arbitrators be determined, as well as the manner of support by the parties. The arbitral tribunal may also compel the parties or each of them to advance other arbitral expenses. Article 359 ^ 2. -The arbitral tribunal may not comply with the arbitration until the record, advancement or payment of the amounts provided for in this chapter. Art. 359 ^ 3. -At the request of either party, the court provided by art. 342 will examine the merits of the measures ordered by the arbitral tribunal and will determine the amount of the fees of the arbitrators and the other arbitral expenses, as well as the modalities of recording, advancement or payment. Article 359 ^ 4. -The payment of arbitral fees will be made after the communication to the parties of the arbitration award. If the arbitration is interrupted, without ruling, the fees of the arbitrators for their work shall be reduced accordingly. Article 359 ^ 5. -Any difference in addition or in minus of arbitral expenses shall be regularized at the latest by the arbitral award and shall be paid until the communication to the parties or until its submission to the court. The non-payment of the difference attracts the suspension of the communication or the Art. 359 ^ 6. -In the case of arbitration organized by a permanent institution, the fees for the organization of arbitration, the fees of the arbitrators, as well as the other arbitral expenses shall be established and paid according to the regulation of Chapter VII Arbitration Art. 360. -The arbitral tribunal shall settle the dispute under the main contract and the applicable rules of law, taking into account where applicable and commercial usages. Based on the parties ' express agreement, the arbitral tribunal may settle the dispute in fairness. Art. 360 ^ 1. -In all cases, the ruling must be preceded by the deliberation in secret, with the participation of all arbitrators in person, with this participation in the decision. The pronouncement may be postponed by no more than 21 days, subject to classification within the term of arbitration. Art. 360 ^ 2. -When the arbitral tribunal is composed of a number without a spouse of arbitrators, the decision is taken by a majority of votes. The referee who had another opinion will draft and sign the separate opinion, with the showing of the considerations that it rests. Art. 360 ^ 3. -When the arbitral tribunal is composed of a number with the spouse of arbitrators and they do not understand the solution, it will proceed to the appointment of an overreferee according to the agreement between the parties or, in absentia, according to 351 351. The superreferee appointed will unite with one of the solutions, he will be able to modify it or he will be able to pronounce another solution, but only after hearing the parties and the other referees. Article 361. -The arbitral award shall be drawn up in writing and shall include: a) the nominal composition of the arbitral tribunal, the place and date of delivery of the b) the names of the parties, their domicile or residence or, as the case may be, the name and the seat, the names of the representatives of the parties, as well as the other persons c) the mention of the arbitration agreement under which arbitration was made; d) the subject matter of the dispute and the parties ' brief submissions; e) the factual and legal reasons of the judgment, and in the case of arbitration in fairness, the reasons behind this are the solution; f) device; g) signatures of all arbitrators, subject to art. 360 360 ^ 2. Article 362. -If by the judgment delivered to the arbitral tribunal failed to rule on an end of application, either party may request, within 10 days from the date of receipt of the judgment, its completion. The completion decision is given with the citation of the parties The material mistakes in the text of the arbitral award or other obvious mistakes that do not change the substance of the solution, as well as the miscalculation, can be rectified, at the request of either party, formulated within the period provided by par. 1 1 or ex officio, by an end of correction. The decision to supplement or conclude the correction shall form an integral part of the arbitration award. The parties may not be required to pay expenses related to the completion or correction of the judgment. Article 363. -The arbitral award will be communicated to the parties no later than one month after the date of its delivery. At the request of either party, the arbitral tribunal shall issue a proof of the communication of the judgment under the conditions of paragraph 1. 1. The arbitral award communicated to the parties has the effects of a final judgment Art. 363 ^ 1. -Within 20 days from the date of communication of the judgment, the arbitral tribunal shall submit the case of the dispute to the court provided by art. 342, also attaching the evidence of communication of the arbitration award. In the case of arbitration organized by a permanent institution, the file shall be kept at that institution. Chapter VIII The abolition of the arbitral award Article 364. -The arbitration award may be abolished only by action for annulment for one of the following reasons: a) the dispute was not susceptible to settlement on the way of arbitration; b) the arbitral tribunal has settled the dispute without there being an arbitral convention or under a convention or inoperative; c) the arbitral tribunal was not constituted in accordance with the arbitration agreement; d) the part was absent at the time when the debates took place and the citation procedure was not legally fulfilled; e) the decision was delivered after the expiry of the period of arbitration provided by art. 353 353 ^ 3; f) the arbitral tribunal ruled on things that were not required or did not rule on an asked thing or was given more than was required; g) the arbitral award does not include the device and the reasons, it does not show the date and place of delivery, it is not signed by h) the device of the arbitral award includes provisions which cannot be fulfilled; i) the arbitral ruling violates public order, good morals or imperative provisions of the law. Art. 364 ^ 1. -The parties cannot waive the arbitration agreement to the right to bring the action for annulment against the arbitration award. The waiver of this right can be done, however, after the arbitration ruling. Art. 365. -The jurisdiction to settle the action for annulment lies with the court immediately superior to the court provided by art. 342, in the constituency to which the arbitration took place. The action for cancellation may be brought within one month from the date of communication of the arbitration award. The court will be able to suspend, with or without bail, the execution of the arbitral award under appeal with the action Article 366. -The court, admitting the action, will annul the arbitration award, and, if the dispute is in a state of judgment, it will also rule in substance, within the limits of the arbitration agreement. If, however, to decide in substance new evidence is needed, the court will rule after their administration. In the latter case, the annulment decision will only be able to appeal once with the decision on the fund. The judgment of the court on the action for annulment can only be appealed. Chapter IX Execution of the arbitration award Article 367. -The arbitral ruling is binding. It shall be carried out willingly by the party against whom it has spoken, immediately or within the time limit shown in the judgment. Art. 367 ^ 1. -At the request of the winning party, the arbitration award is invested with the enforceable The conclusion of investiture shall be given by the court provided by art. 342 342, without citing the parties, unless there are doubts about the regularity of the arbitral award, when the parties will be subpoenaed. Art. 368. -The arbitral award vested with the enforceable formula constitutes an enforceable title and is enforced exactly as a court decision. Chapter X International Arbitration Article 369. -For the purposes of this chapter, an arbitral dispute that takes place in Romania is considered international if it was born from a private law report with an element of extraneity. Art. 369 ^ 1. -With the arbitration agreement relating to an international arbitration, the parties may establish that it should take place in Romania or in another country. Art. 369 ^ 2. -In international arbitration that is judged in Romania or according to the Romanian law, the arbitral tribunal will be composed of an odd number of arbitrators, each of the parties having the right to appoint an equal number of arbitrators. Art. 369 ^ 3 remain applicable. The foreign party may appoint arbitrators of foreign citizenship. The parties may agree that the arbitrator or the superreferee shall be a citizen of a third State. Art. 369 ^ 3. -In international arbitration, the duration of the deadlines set by art. 349, 350, 351 ^ 2, 358 ^ 3 and 362 double. Art. 369 ^ 4. -The debate of the dispute before the arbitral tribunal shall be made in the language established by the arbitral convention or, if nothing has been foreseen in this regard, or no subsequent settlement has occurred, in the language of the contract from which the dispute was born or in an international language of circulation established by the arbitral tribunal. If a party does not know the language in which the debate is conducted, at the request and at its expense, the arbitral tribunal shall provide the services of a translator. The parties may participate in the debates with their translator. Art. 369 ^ 5. -Apart from the case in which the parties agree otherwise, the fees of the arbitrators and their travel expenses shall be borne by the party that appointed them; in the case of the sole arbitrator or the superarbitrator, these expenses shall be borne by the parties in equal shares. Chapter XI Recognition and enforcement of foreign arbitral judgments Art. 370. -For the purposes of this chapter, the foreign arbitration award means a decision given on the territory of a foreign state or which is not considered as a national decision in Romania. Art. 370 ^ 1. -Foreign arbitral decisions can be recognized in Romania, to benefit from the power of the work judged, by properly applying the provisions of art. 167 167-172 of Law no. 105/1992 105/1992 on the regulation of private international law relations. Art. 370 ^ 2. -Foreign arbitral decisions, which are not carried out willingly by those obliged to execute them, can be enforced on the territory of Romania, by properly applying the provisions of art. 173 173-177 of Law no. 105/1992 105/1992. Art. 370 ^ 3. -Foreign arbitral decisions, handed down by a competent arbitral tribunal, have the probative force before the courts of Romania about the factual situations they find. Article 371. -Repealed. 21. Article 373 shall read as follows: "" Art. 373. -The decisions will be executed by means of the first court. If the first instance is a court of appeal, the judgment is executed by intercession of the tribunal in the locality where the court of appeal is based. The enforcement request will be made: a) in the case of final and irrevocable decisions, at the first instance; b) in the other cases, at the court that delivered the last judgment on the fund; it shall send the application, together with the judgment, for the investiture and execution, at the first instance. The execution is fulfilled by bailiffs. In the cases provided by law, as well as when the bailiff considers it necessary, the police bodies are obliged to grant him the contest when performing forced execution. " 22. Article 374 shall read as follows: "" Art. 374. -No decision will be possible to execute if it is not invested with the enforceable formula provided by art. 269 269 para. 1 1, apart from the preparatory decisions and the provisional rulings, which shall be executed and without the enforceable formula. The investiture of the decisions with the enforceable formula shall be made The consent of the forced execution in Romania of the decisions given in foreign countries is made according to the special law. " 23. Article 376 (1) shall read as follows: "The decisions that have remained final or have become irrevocable, the authenticated documents, as well as any other decisions or documents, in order for them to become enforceable, in the specific cases provided by law." 24. Article 377 shall read as follows: "" Art. 377. -There are final judgments: 1. the decisions given without the right of appeal; 2. the decisions given in the first instance, which were not appealed, or even appealed, if its judgment was obsolete or the appeal was rejected; 3. the decisions given in the appeal by which the substance of the matter is resolved. These are irrevocable judgments: 1. the decisions given in the first instance, without right of appeal, undrafted; 2. the decisions given in the first instance, which were not appealed; 3. the decisions given on appeal, not hatched; 4. the decisions given on appeal even if the substance of the case was settled by them; 5. any other decisions that, according to the law, can no longer be appealed. " 25. Article 386 shall read as follows: "" Art. 386. -Enforcement will not be able to be done on non-working days, according to the law, outside the urgent cases in which the execution can be approved by the president of the enforcement court. " 26. Article 409 is amended as follows: -in paragraphs 1 and 2 the term 'net monthly tariff' is replaced by 'net monthly salary' and the term 'socialist property', with 'public property'; -paragraph 4 will read as follows: " Aid for temporary incapacity for work, compensation granted to employees in case of sale of employment on the basis of any legal provisions, as well as unemployment benefits can only be pursued for amounts due by way of maintenance obligations and compensation for the repair of damage caused by death or by bodily injury. ' -paragraph 6 will read as follows: "Aid granted in the event of death, for pregnancy and lehusia, for the care of the sick child, daily allowances and any other such special purpose allowances, as well as the scholarships of studies cannot be traced for any debts." 27. Article 551 (4) and (5) shall read as follows: " This ordinance will be transcribed in the registers of mutations held by the state notary corresponding to the enforcement court. Adjudication Ordinance is subject to appeal. " 28. Article 552 shall read as follows: "" Art. 552. -The wanted debtor, creditors or any other person interested may appeal against the order of adjudication, within 40 days from the date of its transcript, according to art. 551 551 para. 4 4. " 29. Article 557 (2) shall read as follows: "The interested party will prove the non-appeal with appeal of the adjudication order by a certificate issued by the competent court, according to the law, to receive the request for appeal." 30. In Article 581, after paragraph 1, a new paragraph is inserted, with the following contents: "The request for an injunction will bring to the court the jurisdiction to rule on the merits of the law." 31. Article 582 shall read as follows: "" Art. 582. -The ordinance is subject to the appeal within 5 days of the ruling, if it was given with the citation of the parties, and from the communication, if it was given without their citation. The appellate court may suspend enforcement until the appeal is adjudicate, and may compel the party to lodge a bail. The term of appeal is 5 days and flows from the pronouncement for the parties present and from the communication for the missing ones. The appeal and appeal are adjudicated urgently and, in particular, with the citation of the parties. An appeal may be appealed against the execution of the presidential orders. " 32. Article 585 shall read as follows: "" Art. 585. -If the missing file or documents concerned a case in which a decision had been rendered irrevocable, that decision will be restored by the court of law, after the procedure provided by art. 583 583 and 584. " 33. In Article 609, the words "section of the popular tribunal" shall be replaced by "court". 34. Article 612 (4) shall read as follows: "The request for divorce, together with the supporting documents, will be presented personally by the plaintiff to the president of the court." 35. Article 613 shall read as follows: "" Art. 613.-The president of the court, receiving the request for divorce, will give the plaintiff reconciliation advice and, if he persists in his application, will fix the term for the trial of the case. " 36. Article 613 ^ 1 shall read as follows: "" Art. 613 613 ^ 1. -If the request for divorce is based on the agreement of the parties, it will be signed by both spouses. When appropriate, in the divorce proceedings, the spouses will also determine the ways in which they have agreed to settle the requests for divorce. Receiving the request for divorce made under the conditions of para. 1, the president of the court will verify the existence of the consent of the spouses, after which, he will fix a two-month term in public session At the court term, the court will check whether the spouses arouse in the dissolution of the marriage on the basis of their agreement and, if so, proceed to adjudicate the application, without administering evidence on the grounds for divorce. In order to resolve the accessory requests regarding the names that the spouses will carry after the divorce, the maintenance pension and the assignment of the home, the court will be able to order, when it considers necessary, the administration of the evidence 37. Article 616 shall read as follows: "" Art. 616. -If at the court term, in the first instance, the plaintiff is unjustifiably missing and only the defendant is depicted, the application will be rejected as unsupported. " 38. Article 616 ^ 1 shall read as follows: "" Art. 616 616 ^ 1. -If the defendant's husband's call procedure was met by display, and he did not appear at the first court term, the court will ask for evidence or order research to verify that the defendant is domiciled at the place indicated in request and, if constant that he does not reside there, will order his citation at his home, as well as, if applicable, at his place of work. " 39. In Article 617, paragraphs 2 and 3 shall be inserted, with the following contents: " The judgment by which the divorce is pronounced will not be motivated, if both parties request this court. In the cases provided by art. 38 38 para. 2 of the Family Code, the court will order the dissolution of the marriage without pronouncing divorce from the fault of one or both spouses. " 40. Article 618 (2) shall read as follows: "The divorce action will be extinguished by reconciling the spouses at any stage of the trial, even if they intervene in the appeal or appeal court and the appeal or appeal is not timed according to the law." 41. Article 619 shall read as follows: "" Art. 619. -The term of appeal, as well as that of appeal is 30 days and flows from the communication of the judgment. His appeal, as the case may be, the appellant's appeal against the judgment by which the application was rejected will be dismissed as unsupported, if only the defendant is present. The appeal or appeal of the defendant will be judged even if only the plaintiff appears. The decision that is pronounced under the conditions of 613 ^ 1 para. 1 is final and irrevocable in respect of divorce. The divorce judgment is not subject to review. " 42. Article 722 shall read as follows: "" Art. 722. -The fulfilment of procedural documents and their communication shall be made free of charge. The expenses necessary for the performance of procedural documents and their communication, by post or other means, occasioned by the conduct of the process, shall be covered by the funds allocated specifically for this purpose, from the state budget. " 43. Article 733 shall read as follows: "" Art. 733. -The fines imposed under the provisions of the present code are executed according to the legal provisions on the forced execution of the amounts due to the state budget. " + Article 2 The fines provided for in the Code of Civil Procedure shall be determined as follows: --in art. 35, from 3,000 to 10,000 lei; --in art. 95 95 para. 5, from 5,000 to 15,000 lei; --in art. 99 99 para. 1, from 500 to 3,000 lei; --in art. 185, from 3,000 to 10,000 lei; --in art. 188 188 para. 1, from 500 to 3,000 lei; --in art. 194, from 1,000 to 5,000 lei; --in art. 205 205 para. 3, from 1,000 to 5,000 lei; --in art. 209 209 para. 2, from 500 to 3,000 lei; --in art. 405, from 3,000 to 10,000 lei; --in art. 437 437 para. 2, from 5,000 to 20,000 lei. + Article 3 The following terms of the Code of Civil Procedure are hereby replaced: -"Socialist Republic of Romania", with "Romania"; -"Official Bulletin of R. S. Romania", with "Official Gazette of Romania"; -"Court of Cassation" and "Supreme Court", with "Supreme Court of Justice"; --"yard", with "appeals court"; -"regional court", with "court"; -"Capital Court", with "Bucharest City Court"; -"popular court" and "district folk court", with "court"; -"book of judgment", with sentence "; -"portarel", "enforcement agent", "tracking agent", as well as other such names designating the official with enforcement duties, with the "bailiff"; -"police officer" and "police commissioner", with "petty officer" and "police officer", as the case may be; -"room for quibzation", with "board room"; -"popular tip", with "local council" or "county council", as the case may be. + Article 4 The legal provisions relating to stamp duty for the application for appeal shall also apply accordingly to the appeal. + Article 5 The cases under trial at the substantive courts, even if they are after scrapping with reference, will, as the case may be, be retained for further judgment or be referred to the competent court, according to the rules of material jurisdiction in the present Law. The courts seised before the entry into force of this law will continue to judge, even if, according to Law no. 92/1992 for the judicial organization, the territorial competence is changed Ordinary appeals, with the exception of appeals in the matter of administrative litigation, shall be considered appeals, being resolved according to the material competence established by this law, including in the situation of scrapping: in these cases, the interested parties benefit from a period of 30 days from the entry into force of this law, in order to meet the conditions of form and background on the adjudication of the call, as well as, when necessary, for the referral of the appellate court. Requests for revision and appeals for annulment on judgments rendered before the entry into force of this law shall be judged by the court to which, according to the present law, the jurisdiction of the court that gave the judgment under appeal lies with the court. The decisions given on these applications are also subject to the remedies provided for by this law. The extraordinary appeals with which the courts were notified before the entry into force of this law will continue to be tried, and in the case of scrapping with reference for a new judgment, the cases will be sent to the competent courts same laws. The final decisions of June 30, 1992 to June 30, 1993 may be appealed against the appeal provided by this law by the interested parties, within 60 days of the entry into force of the same law. Decisions in matters Law of Land Fund no. 18/1991 , remaining final in the judges prior to the entry into force of this law, may be appealed with the appeal provided by this law, by the interested parties, within 90 days from the date of entry into force of this law, regardless of the date of their delivery. In all cases where, according to the present law, the material competence of the court previously invested is amended, the files shall be sent ex officio to the competent court. Art. 725 of the Code of Civil Procedure are applicable. In situations where, exceptionally, some of the judgments set out in Annex no could not be organised. 1 1 a Law no. 92/1992 for the judicial organization until the entry into force of this law, the cases will be solved by the territorial competent courts, according to the previous law. The deadlines for the exercise of ordinary remedies, pending on the date of entry into force of this law, shall begin to run again from this date. The foreclosures started before the entry into force of this law will be continued by the enforcement courts. + Article 6 They are and remain repealed: art. 2 ^ 1, art. 22 ^ 1, art. 109 ^ 1, art. 120 ^ 1, art. 120 ^ 2, art. 260 260 para. 3 3 and 4, art. 266 266 para. 2 2, art. 269 ^ 1, art. 307 307, art. 329 ^ 1, art. 329 ^ 2, art. 371, Article 375, the provisions contained in the head. XIV of the book VI-art. 720 ^ 1-720 ^ 16, art. 724 724, art. 726 726, art. 728 728, art. 729 729, art. 730 730, art. 731 731, art. 732 732, art. 734 734, art. 735 735 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 Law of Administrative Litigation no. 29/1990 is amended as follows: 1. Article 6, paragraphs 1 and 2 shall read as follows: " The judgment of the actions formulated on the basis of 1 of this law is the jurisdiction of the tribunal or the court of appeal in whose territorial area the applicant is domiciled, according to the material competence provided by art. 2 2 and 3 of the Code of Civil Procedure. The court urgently judges the actions in public session, in the panel established by law. " 2. Article 14 (1) shall read as follows: "The sentence of the court by which the action provided for in this law has been resolved can be appealed within 15 days of communication." 3. In Article 16 (1), the term "final judgment" shall be replaced by "irrevocable judgment". 4. Article 17 (1) shall read as follows: "For the settlement of disputes provided for by this law, the Supreme Court of Justice shall be established at the courts of appeal and at the courts, administrative departments." 5. Throughout the whole Law no. 29/1990 , the term "tribunal" or "tribunal" shall be replaced, accordingly, with "court" or "court". + Article 8 The family code is amended as follows: 1. Article 37 (2) shall read as follows: "Marriage can be undone by divorce." 2. Article 38 shall read as follows: "" Art. 38. -The court may open the marriage by divorce when, due to thorough reasons, the relations between the spouses are seriously injured and the continuation of the marriage is no longer possible. The divorce can be pronounced only on the basis of the agreement of both spouses, if the following conditions are met: a) until the date of the request for divorce, at least one year after the end of the marriage; b) there are no minor children resulting from marriage. Either spouse may seek a divorce when the state of its health makes it impossible to continue marriage. When solving the requests for divorce, regarding the custody of minor children, the obligation to maintain and use the home, the court will also take into account the interests of minors. " 3. Article 39 (1) shall read as follows: "Marriage is undone from the day when the judgment by which the divorce was pronounced remained irrevocable." + Article 9 Law no. 94/1992 on the organisation and functioning of the Court of Auditors, as follows: 1. After Article 77 two new articles are inserted, Article 77 ^ 1 and Article 77 ^ 2, with the following contents: "" Art. 77 77 ^ 1. -The decisions rendered by the courts of the Court of Auditors are not subject to appeal. Art. 77 ^ 2. -Against the decisions rendered in the first instance, an appeal may be declared, which is not limited to the reasons for scrapping provided for in art. 304 of the Code of Civil Procedure, the court being able to examine the case in all aspects. " 2. In Article 84, a new paragraph is inserted, the third, with the following contents: " (3) In the case of admission of appeal in the interest of the law, the court may amend the sentence or a house with detention and retrial in substance the case. However, in the case of scrapping for lack of competence, the case shall be sent for retrial to the competent court or to another body with competent judicial activity, according to the law. " + Article 10 This law comes into force on the date of its publication in the Official Gazette of Romania. This law was adopted by the Chamber of Deputies at the meeting of June 30, 1993, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT MARTIAN DAN This law was adopted by the Senate at the meeting of June 30, 1993, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. SENATE PRESIDENT prof. univ. dr. OLIVIU GHERMAN -------------