Law No. 394 of 22 June 1943 for accelerating judecaţilor in civil and commercial matters published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 143 of 28 June 1943 "MARSHAL ANTONESCU of ROMANIA and LEADER of the STATE" Over the report of Mr. Minister Secretary of State at the Department of Justice, no. 82,553 of 21 June 1943, based on the dispoziţiunilor decrees-laws No. 3,052 Septemvrie 5 and no. 7 Septemvriei 3,072 1940, I decreed and decretam: Chapter 1 table of contents request for calling in the Application of article 1 of the original judgment shall contain : a) the name, residence, domicile or residence of the pronouns of the parties;
b legal) quality of listed parties in the process, when not included in their own name;
c) application and the value of, the complainant's estimation, when assessment is likely.
To identify the buildings will look like Street and apartment number, floor, and in the absence of neighborhoods, and County in which the property is located or when it is entered in the land register, the land register number, the number and possibly topographical sketch of the plan;
d) reasons for appearing of fact and law on which it is based;
e) Showing evidence relied on either end.
When the sample consists in acts, will join on demand so many certified copies of original plaintiff for, how many more are pariti, one copy of each act for the Court.
It will be able to submit an act of only part of the process, remaining as his court order, in case of necessity, the appearance of the document in its entirety.
If the acts are written in a foreign language or old letters, will submit translations or transcriptions with Latin letters, certified by the party.
When the complainant voeşte to prove the action or any of the heads of its claim through cross-examination or sworn in paritului will be required to this end appearance in person.
When will summon witnesses with proof will show the name and address of the witness pronouns.
Article 2 the part that has the interest to establish legal existence or a badly formed law, may bring legal action in the finding.
The finding is not admissible if the party may ask for the achievement of the right which is the subject of the action.
Article 3 Application of the judgement will be made in as many copies as many pariti am, more than one copy for the Court.
When the request is made through a representative or legal representative, will submit copy of the warrant or the proof of the quality of the legal representative.
As regards legal persons, this requirement is met by indicating the counts official monitor, which is published in the empowerment of their representatives.
If several pariti have one joint representative or a procurator or if paritul has several legal qualities, it will communicate to a single copy of the action and on the instruments.
In these cases it will issue a single summons.
With regard to the mandate given to lawyers for legal representation, applies to dispoziţiunile of the Act to organize the body of lawyers.
Chapter 2, article 4 the President of the Meeting as soon as it receives a request for the judgment after notice and payment of stamp duty and tax, proportionately, required by law, will be fixed according to the period of notice, the dispoziţiunilor below and will cite the parties before the Court sitting in public. The President will be able to set the time for the judging process.
He would have been ordered at the same time to communicate paritului with the summons, a copy of the action, together with copies of documents, with the invitation to submit written to file a greeting at least 10 days before the deadline fixed for the judgment, except for urgent business, when this time limit may be reduced by the President before the 5 days.
Meeting will take place in so many times with so many copies of copies of acts, how many claimants are more a copy signed by the trustee and fired again, or a row of children from acts to the Court.
With the dropping of the term, the President shall order, if requested by the action, citing the interrogator or paritului oath, subject to discutiunii.
The term will be fixed so that the date of receipt of the summons, which from paritul to have at least 30 days for the submission of urgent business or achieve at least 10 days.
If paritul locueste abroad, the President will fix a longer period than usual, as appropriate.
Article 5 If several applicants have one joint representative or a procurator, or by a plaintiff is given in several legal qualities, it will apply to a single file and a single row of copies of documents.
In these cases it will issue a single summons for all of them.
Article 6 paritului will include: Greeting the procedural Exceptions) what the complainant objects to the action;
b Answer at all) or points of fact and law of the action;
c) and samples with which they appear in the counter of each end of the action.
When will invoke evidence with witnesses, it will show the name, pronoun and witnesses.
Article 7 when are many, they may respond pariti or separately through daylong welcome either collectively, all or part of them, through a greeting.
Responding to one or some of the others makes pariti in so far as the common interest.
Article 8 of the counterclaim, the call in warranty or any other application that has a purpose to introduce a third party in the process, must meet the requirements of art. 1 and 3.
They will be submitted to the file with the meeting.
Chapter 3 Looks at the desbateri and article 9 on the first day of appearance, the Court shall grant the applicant a time limit for completing or modifying the action, as well as to propose new evidence. In this case the Court has deferred action and communication process.
The action shall not be reckoned as amended will not be given the term, but it will take note of the oral statements made in court: a) when the correct material errors in the action;
b) increases or decreases When the applicant câtimea the object of the action;
c) when asking the equivalent value of the object lost or perished during the process;
d) When the action replaces the finding through ' action for the realization of the right, or vice versa, if the action is admissible for the realization of the right.
If the plaintiff in actions introduced to judges or courts, pretentiunile increases or decreases above or below the limit of competence of the Court, may require the paritul Disclaimer the scope.
If the action is forfeited by the Court, he will judge in first and last instance.
The applicant will be able to ask for a deadline for submitting the counterclaim and welcome to propose any evidence in defence.
The Court shall grant a term for paritului the formulation and submission of an application to achieve reconventionale, the application of the warranty or the introduction of a trial as well as Ayo and to propose new evidence.
In the cases above, meet deadlines will apply. 4. Before the courts of the peace, paritul it is not obliged to make the meeting. Before the courts, he is held to propose oral evidence and excepţiunile, all its defense on first appearance. Mention of it will be made in the minutes of the meeting.
Before the Court, paritul us this bond.
Article 10 the action that does not include the applicant's name and pronouns and the subject of her paritului, and signature will be declared null and void, without being able to give time for completion.
Article 11 the counterclaim under warranty, call and introduce a trial that Ayo will not be done in the Tomb, the term art. 8 and 9, will judge separately, unless both parties agree to be judge.
Article 12 Excepţiunile process, that will not be welcome or were proposed by the deadline, according to art. 9, will no longer be able to be lifted during the process than those of public policy.
Samples will not be required in the very top art. 6 and 9, will no longer be able to be relied upon in the course of the Court, except in cases When: (a) the required sample) is sworn in;
b) When would need sample from desbateri reesi and could not foresee;
c) when administering the test sample does not cause the postponement of the trial.
In case of postponement, the party is bound, under penalty of revocation, to deposit the files, at least 3 days before the deadline fixed for the judgment, children relied on acts, certificates for compliance.
In the case referred to in paragraph (b), the opposite side has the right to counter sample only upon that point and provided to invoke in the same sitting.
Article 13 on first appearance, the parties will propose, under penalty of revocation, all excepţiunile of form and of substance, what they raised in the case.
The Court will settle in advance these excepţiuni, as well as those proposed in the written part.
Cannot be combined with excepţiunile than Fund whose solution requires administration or are closely related to the Fund.
It will also solve the issues of law that make it useless in everything or partly taking samples.
The samples will be requested by the parties prior to the commencement of the Fund's desbaterilor upon, under penalty of revocation.
Sample with witnesses and expertise may not be incuviinta until after the Court has examined their conclusive, except that it would be dangerous for them to be lost through delay.
It is credited as the first day of appearance, one in which the parties can put legal quotes, concluziuni.
The party has pledged to file a document written in the certified copy, is obligated to take it upon himself to sitting, the original Act or depose before the registry, under penalty of not consideration.
If the opposing side can make the copy with the original confrontation presented in meeting, judges will be able to provide short term for this purpose, forcing the man who produced the Act to submit it within the useful in keeping the registry.
Article 15 When checking the accuracy of the translation into Romanian language or transcription with Latin letters, made in accordance with art. 1, the judges, saying, they may require translation or transcription by a sworn translator, after dispoziţiunile regulation of 18 Octomvrie, 1925.
Paritul will make this request by plaintiff, and welcome to the first term of notice.
Article 16 When she admitted a local application, expertise or control sample, the propunatoare is obliged that within 5 days to submit their admission fee, which from the subpoenas, and the amount fixed by the Court, for research, transport expenses, or compensation or fees of the expert witnesses.
When she nodded dispoziţiunilor art samples according to parties. 12. b above, the term may be extended by a judge until at least 10 days.
These bonds attract unmet patient revocation of the approved sample for that Court.
Forfeiture of the test sample as witnesses for lack of citation cover if they are submitted within the time limit fixed for the hearing, and their identity documents.
The replacement of the proposed witness through action or greeting shall be admissible only in cases of death, disappearance or well-founded reasons. In this case the list of witnesses will be lodged, under penalty of revocation within 5 days from the presence of admission.
V. sample with witnesses will be required under penalty of revocation in the same sitting in which he demanded the sample, if both parties are present. Sample and contraproba will be administered wherever possible at the same time.
The Court, as appropriate, will be able to limit the number of proposed witnesses.
When the Court will admit the expertise required by one of the parties, will determine the points on which the experts have to adjudicate. Contraexpertiza will be required no later than the first term after the submission of the report.
The Court shall incuviinta contraexpertiza how expert explanations and citations only if the application is well justified.
Article 17 the wizard named is obliged, under the penalty prescribed by law, to submit the report at least 10 days before the deadline fixed for judgement. In an urgent matter, the term may be reduced by the Court.
He will be obliged to appear to give explicaţiuni whenever requested by the Court, having the right to compensation for this appearance. The Court will rule on this request through the service be terminated and shall be enforceable in accordance with article. 51. In article 18 the party against whom he pronounced forfeiture of the right to administer a sample, you will be able to defend themselves, discussing in fact and in law and the merits of the contention and evidence of the opposing party.
Article 19 When her opponent part invedereaza that holds a document of proof regarding the trial, the Court may require the appearance of the document.
The request for appearance may not be rejected if the Act is common to the parties in the lawsuit, if the opponent was himself referred to the trial at this act or if he is forced to produce or to portray the Act.
Article 20 the Court may reject the application of the Act in its entirety or in part in cases where: (a) When the content of the Act) refers to strictly personal matters;
b) when the Act would violate the duty of the appearance of secrecy;
d) When the appearance would attract criminal charges against a party or a AYO, or would expose suspects under preliminary research;
d) when it substantiates the reasons as grounds justifying refusal to depicting the Act.
Article 21 if the party refuses to respond to the interrogator or the provision of oath which was referred to in existentii of the Act to prove ownership or if evidence emerges of managed as concealed or destroyed or if, once it will be proven possession Act, fails to comply with the disposition made by the Court, to that Court depicting act will be considered as proven afirmatiunile made by the party demanded the appearance of that act.
Article 22 If the Act is found in keeping a public authority, the Court will take action after request or ex officio, for bringing the Act may rule against the head of the authority, in the event of unjustified refusal, periodic penalty payments.
If the Act is in possession of a Amita, it will be able to be cited as a witness, and put them in mind to bring about the entry into the Court, under penalty of periodic penalty payments. Tertiul is entitled to refuse bringing the Act in cases provided for by art. 20. Article 23 of the Act and bringing the Appearance is made at the expense of the party demanded the sample. In this case, the Court shall fix the amount of the payment through the service be terminated and shall be enforceable in accordance with article. 51. Article 24 the judges have the right to put questions to the parties in the form of the interrogator, to explain the points of the process was uncertain about.
Will be able to put the Office in desbaterea any matters the parties leading to the settlement of orders in process and dispoziţiunilor edges for evidence, all measures that can make the judgment.
Article 25 the Court, when he sees fit may delegate a judge for Administration of the evidence admitted. In this case the attendance of the parties will be able to make and in the Council.
The President or the judge alone will be able to fix the day and time when the parties will be presented before the judge delegate, giving them the knowledge, in accordance with art. 50, which applies in front of the judge as a delegate.
When the administration samples will be done in another locality it will be done through the Court of rogatory grade equal or inferior in rank, even if in that locality does not exist the Court the same degree. If the nature of the sample, or consenting parties allows the Court carrying out sample, can be dispensata by summoning the parties.
Article 26 Part residing abroad and is represented in the lawsuit through a trustee, will be questioned through an agent.
In this case, the questioning will be communicated in writing to the trustee, who will answer to the party through proxy special and authentic. If the trustee is an attorney, power of Attorney and certified by him.
Article 27 the Court may incuviinta taking at home if the interrogator part justify interference present in the Court.
Article 28 If any of the parties fails to appear at the trial, the prosecution will be suspended.
However the trial judge is whether the plaintiff or paritul have asked in the written judgment in the absence.
Article 29 If any specified date for judgment is only one of the parties, the Court will consider after all work files and will listen to oral conclusions of the present party, will rule on the basis of evidence administered may admit exceptions, samples and even administered Fund of defence as party absent, if they will find compelling.
Article 30 for lack of defence, the Court shall grant a single term.
When the Court refuses to postpone worldwide judgment for this reason will delay at the request of the party, in order to submit the pronunciation of conclusions.
Article 31 the processes in which the procedure is carried out and who can't judge because of working hours, will be postponed, at the request of the parties, at short notice, for when the parties will no longer quote. These processes will be judged mainly.
Chapter 4 Participation of third parties in the proceedings Article 32 Call in warranty, the author and intervention, will have to comply with the requirements referred to in article 1. 1 and 3, under penalty provided by art. 10. Call in warranty and an indication of the author must be framed in rigid conditions provided for in art. 8 and 11 of this law.
The main intervention can be made only before the first instance and desbaterilor before closing.
Intervention may be accessory made throughout the trial and before the Court of appeal, in the process taking intervenientul in which is found at the time of the intervention.
Discutiunea eligibility principle of these requests will be made in the meeting where it was introduced and, in the case of admission will be fulfilled dispoziţiunile art. 4. Article 33 If she nodded as an application for a guarantee to be the judgment with the main action, the application will be communicated to chematului under warranty and it will meet after the rules laid down by article. 4. Chapter 5 about the term Article 34 appeals appeal against judgements of the Tribunal is 15 days in contentious matters and graceful, civil and commercial, even if by law or special dispoziţiuni otherwise.
The term streaming dela.
In the books of judgment against the deadline for appeal is 10 days and flows for desbateri parties present at the day of pronouncement, and the lack of communication from the day.
Communication of the decision made with the domicile of execution is valid for the relevant call.
If a party declares before calling communication of the decision, communication is no longer necessary. The caller, but will be able to call within the time limit indicated above also date, call Dale to declare a new call.
Article 35 Application of appeal shall contain: (a)) name, domicile, residence or pronoun caller and intimatului;
b) Showing the decision calling;
c actually) the reasons and the law on which the appeal is based;
d) and samples that you invoaca in support of the appeal;
e) Signature. The call, signed by a person without quality will be able to be ratified within the time limit for appeal.
When the sample consists in not shown at the first instance court, the caller shall comply dispoziţiunilor dela art. 1. Article 36 application for appeal shall be carried out in as many copies as many intimaţi am, more than one copy signed by calling for the Court.
The appeal shall be lodged at the registry of the Court whose decision is calling, under penalty of nullity.
The President of this Court, after drafting the judgement and the expiry of the appeal for all parties, submit to the Court of appeal in the folder along with all calls to be distributed declared, all at the same section.
Article 37, the President of the Court of appeal as soon as it receives the dossier, will fix the term of notice in accordance with the second subparagraph of article dispoziţiunilor. 4 and will require the attendance of the parties.
At the same time it has to communicate intimatului with the summons, a copy of the application, together with copies of the paperwork attached and which will not have been presented at Court, first with a written invitation to submit the file to meet the rules pursuant to article 114. 4. If several intimaţi have one joint representative or a procurator, or if one of them has more legal qualities, it will communicate its only one copy of the appeal and the documents and will be issued a single subpoena.
Article 38 When against the same decisions were introduced several calls to different sections, broken down on the basis of evidence produced by those interested in, or at the request of the President of the section first seised subsequently, President of the appellate section, it has the handoff to the earlier hearing.
To this end part will make application within useful. If the term is in appeal court, the Court may refuse the application for deferment in order to establish the conexarii, when lack of interest or when other calls remained lost not.
Article 39 the caller, who did not meet the requirements of art. 35 will be able to supplement or amend or appeal not later than the eve of the day of notice, on pain of nullity.
In this case intimatul will be entitled to require communication and to be given a time limit within which to submit the files written to meet to invoke excepţiunile, and its defence evidence.
The Court will apply in this case towards the caller dispoziţiunile art. 51, unless the caller was compelled to justify do call before the communication of the decision.
Article 40 the parties will not be able to serve before the Court of appeal for other reasons, means or evidence other than those put forward at first instance court or as indicated in the call and welcome addition to the case referred to in article 1. 13. Article 41 Dispoziţiunile art. 5-7 and art. 14-31, apply properly and in the Court of appeal.
Intimatul article 42 has the right, even after expiry of the period in which to declare the appeal, join the call made by the main part of the fence through a call to the entrance hall, which at first instance judgement Reformation.
Joining the call shall be made by or at the welcome first appearance before the Court of appeal in the forms provided for appeal to the above articles.
If the caller principal withdraws appeal no later than the first day of appearance or if you call or is dismissed as tardy, excessively or for other reasons that don't involve research fund, joining the call is rejected.
This provision shall not apply if membership was made outside the time limit for appeal.
Chapter 6 about the appeal period for Article 43 appeal against court is 5 days, in any area, even if laws or special dispoziţiuni are other deadlines.
The time limit for appeal against the sentences of the Tribunal, when the appeal is from the jurisdiction of the Court of appeal is 15 days from the way of communication.
Article 44 the judgment Cards will be subject to an appeal to court for excess of power, incompetence, violation of law, issue key and distortion.
Or omission may consist in nepronuntarea judge upon any defence raised by the parties or the judge of any neinvocarea of defence that reesea from facts of the case.
The appeal is not suspensive. Suspension of enforcement may be in the very top law for the High Court of Cassation and justice.
The reasons for the appeal is going to look like, on pain of nullity, by petitiunea of appeal or by a separate memorandum, which will be submitted to the dossier of the case with at least 5 days before the first day of appearance from Parties are legal citations. The submission shall contain a brief statement of the grounds relied upon breaking.
Dispoziţiunile above shall also apply to the books of judgment handed down by the courts.
The term of appeal for the Parties present at the flowing desbateri the day of pronouncement, and the lack of communication from the day.
Communication of the decision made with domicile, is also valid for the relevant appeal.
If the Tribunal finds reasonable grounds of appeal, invoaca the whole affair that a judge in the first or the last court rules its competence.
The appeal shall declare, under penalty of nullity, to the registry of the Court who pronounced judgement.
The statement of appeal is made in the same manner as the initial request from the Court.
Article 45 appeals against rulings of the courts which are put into the jurisdiction of the High Court of Cassation and of the courts of appeal are entered and judged it the law for the High Court of Cassation and justice.
Communication made with the domicile of execution is valid and relevant to the appeal.
Chapter 7 Dispoziţiuni common Article 46 of law Books, sentences, the Court and the decisions of courts of appeal rule without opposition.
If the decision rendered shall be subject to appeal and only the side was unable to be present the day worldwide judgment, will open the way to object within 10 days from the moment of termination to prevent, if not to appeal.
Roll Call article 47 in the early sedintii are suppressed. The parties may ask the Court, at the beginning of the hearing, delaying processes that are not in the State of judgment and when those applications do not give place to discutiuni. This deferral can be made and a single judge.
Article 48 the present Parties in court, in person or through a representative, covers any irregularities in the procedure relating to the knowledge of the date of appearance, but if it was deadline set by law for citation.
In part this Court cannot deny receiving procedure when i shall be circulated in the meeting. In this case, the Court may, upon request, be granted a time limit to get knowledge of the acts.
Article 49 changing the domicile of one of the parties during the process must, under penalty of neluării in her account to be notified to the Court by petition to the file, and the adverse party by means of a registered letter, ' whose receipt of instruction at post shall submit the files suddenly with the petition by which notify the Court change of domicile.
Article 50 the party was present in person or by the sight of the procurator, or not vested with the right to know the term, will no longer be quoted throughout the Court, being alleged that knows deadlines, even though it would disrobe.
This rule does not apply to: (a)) in case the process reopening after being suspended or postponed without time limit;
b) in the case of fixing a time limit for the call to the interrogator or sworn in.
Article 51 the party in any way brought about the postponement of the trial, will be obliged, at the request of the opposing party, to pay compensation in relation to the harm caused by procrastination.
The Court ruled, after listening to the parties, through a definitive conclusion and enforceable, which bring to fruition according to these rules of procedure regarding the forced pursuit.
This compensation shall not in any case restitue, even if the party has obtained a lose.
If the conclusion was not enforced during the process, the interested party will be able to require that the compensation to be dress in account in the calculation of the condamnatiunii decision.
Article 52 Deferment process at the request of the parties, by mutual agreement, incuviinta cannot be more than three times in the course of the Court.
After three delays, by mutual agreement, if the parties do not process staruesc the judgment will be suspended and will not be reopened until after the payment of half of the fees started first, and Dale Court, where the charges will be lower than those provided for by law, after the payment of stamp duty in this Bill.
The Court is obliged to examine and to determine whether an adjournment for a reason, with the consent of the other party requested, there is a delay in agreement.
It is considered as such any claim of postponing the adverse party shall oppose, either under this law or under other laws or special dispoziţiuni.
In this case it will move into the concluding from that day that the postponement was nodded in agreement.
Delays in agreement are subject to the duties provided for in the law on stamp duty.
Article 53 where judgment was suspended or the file was removed from the role due to observe the terms of the parties, it will not be reopened until after the payment of the fees provided for in art. 6 and 9. (b), of the law on stamp duty, except if the parties can be found in situaţiunea provided by art. 52, para. 2. Article 54
If paritul recognizes a part of pretentiunile the plaintiff, the Court, at its request, you will be able to give a partial resolution to this effect.
Article 55 decisions of first instance are enforceable in law: a) if provided for in the preceding article;
b) to enforce or picking up pecetiilor times making inventory;
c) For reparaţiuni as soon as possible;
d) for salaries;
e) For damages awarded in the case of accidents at work;
f) pension or annuity, For food aid;
g) in terms of actions, only the owners regards the possession;
h) In all other cases in which the law provides that the decision is enforceable.
The Court may grant provisional execution, whenever it will appreciate it as far as it is necessary in relation to the merits of the right hand, with the State of insolvency of the debtor or that there is the obvious danger in delay. The lender will be subject to the release of bail.
The request for provisional execution is going to be able to formulate and orally in court until the closure of the desbaterilor.
If the request was rejected by the first instance court, it can be repeated during the Court of appeal.
Article 56 application for suspension of execution ordered by the first provisional court will be able to be done with the call, or separately throughout the Court of appeal.
The request will be submitted to the first court, or the Court of appeal and i will join in the certified copy of the decision device.
Request for suspension shall be judge of the Court of appeal, which will require urgent first instance folder.
The suspension can be granted with or without bail.
The suspension will be granted on a provisional basis until the suspension demand, through Presidential Ordinance under art. 67 of this law, even before the arrival of the dossier.
Article 57 Judges can't reduce the costs of stamp, taxes, onorar, allowance of witnesses and any other expenses, which the party has gain will prove that it has made in the process.
But judges have the right to increase or decrease the fees lawyers in relation to those set out in the minimum fees drawn paintings Union Lawyers, approved by the Ministry of Justice and published in the Official Gazette, will find reasoned that whenever are disproportionately small or large in relation to the value of the process or work done by a lawyer.
Article 58 All time limits laid down in the law on the face of it consider days off, i.e. There is no day of reckoning when he started, nor the day when the term ends.
Article 59 Against the witness or expert who is missing at the first citation, the Court will deliver its mandate of remembrance.
The Court may order the urgent Affairs bringing witnesses to the first term with the term.
V. expert who has received the task, but he filed the report in time, causing the postponement of the Court will be able to pronounce sentencing on payment of the indemnity provided for in art. 51 after dela art. 61. If after the issuance of the two mandates of the witness fails to appear, the Court, considering the circumstances, will be able to proceed to judgment.
The court hearing of the witness may incuviinta at home, when it is in the physical impossibility to present in court.
Article 60 of the awarding procedure and documents will be made by administrative authorities, provided for in the laws of the jurisdiction after the Organization, through the body of portarei or by post.
Article 61 Portăreii and all judicial and administrative officials charged by law with the performance of procedural documents, from whose fault was granted a postponement of the trial, will be sentenced by the Court by means of an enforceable at the closing payment of a fine of 500 to 5,000 lei and the compensation of the injured party.
Thus condemned is entitled to submit to the Court a reasoned petition for exemption or reduction of the fine or compensation.
He will be quoted with the emergency, the injured dimpreuna, which has been ' awarded compensation, in the Council and the Court, after listening to the explanations given, will rule through the service be terminated.
Attendance will be made through the registry and is exempt from postage stamps and taxes.
The fine will be run according to the code of fiscal procedure, and the compensation of the injured party in accordance with article is intended. 51. Article 62 Incompetence after value, incompetence of the civil sections for commercial processes and those for civil trials, excluding appeals to the High Court of Cassation and justice, incompetence after the person and place, not public policy.
This incompetence will be proposed in the rigid conditions of art. 111 bis from civil procedure.
The part that's wrong or deliberately introduced the action or appeal to a court in cases of incompetence above, or by concealing the nature of the action or caiei, made to be distributed to a court or section incompetence, will not be able to ask their declension.
Incompetence after it is public policy matters, she can pick up and before the Court of Cassation, in any State of the process and even ex officio.
Court incompetence after the action or matter will reject the appeal as bad directed.
Article 63 in the case of declinarii competence or enable a judgment for incompetence, incompetence in court administered samples remain the competence of the Court and won the case not having their repetition rather than by the invoaca reasonable grounds for this purpose.
Chapter 8 special Dispoziţiuni Article 64 Obsolescence in generally provided for in art. 257 civil procedure, operating fully. After expiry of the period of lapse, any act of procedure remain inoperative.
Obsolescence is noticeably at the request of the interested party or ex officio. It can be proposed and excepţiune.
Obsolescence operates and in the processes in which the procedure is ex officio, unless he staruit in fixing the term of court.
Article 65 the President or the judge of peace receiving request or ex officio, noting obsolescence will have summoning emergency parts and will require the registry to provide a written report on the situation in fact of all the acts of procedure of pricinei whose lapse is required.
The day of the presentation, the Court, after listening to the parties, shall rule on the application for lapse.
Decision rule only with the right of appeal. The time limit for appeal in all cases where the runny dela pronouncement.
Article 66 if the creditor has left to go 6 months dela date of any of the enforcement act, without being followed other acts of stalking, enforcement of the law and fully expire any interested party may request its removal.
In the event of suspension of execution of the term lapse termination suspension flows dela.
If you make a new claim for performance, it will be preceded by a new injunction, to which no longer have joined title run.
Article 67 of the peace Judge, President of the Tribunal, the President of the Court of appeal or their substitutes will be able to order interim measures in cases as soon as possible, to maintain a law that ' would păgubi by delay, in order to avoid an imminent and irreparable, as well as for the Elimination of obstacles on what occasion would arise to comply with an enforcement order.
The Ordinance will be given after citation of appreciation, with or without the attendance of the parties, the judges citing parties is mandatory.
Using the alternate judge and cannot pronounce such Ordinance.
The President or the judge of peace does not fall to make incuviintari very well when the Court ' would have jurisdiction.
The Ordinance may be given even when there's a trial over the law Fund.
The Ordinance is fleeting and is enforceable by itself. The President or the judge alone will decide whether the execution should be preceded by formal notice and if you need any transition period.
Article 68 Order is subject to appeal within 5 days after delivery, if Dale ' gave summoning parties and communication, if he gave without citing them.
The judge of peace Ordinances are subject to appeal or the appeal as of right is the Fund within its competence on the first or on the first and last instance. Appeal and the appeal tribunal shall judge.
Ordinances of the President of the Court or the Court of appeal, are subject to appeal to the Court of first instance or the Court of which they are part.
You can suspend execution until the judgment call, with the release of bail.
The time limit for appeal will be 5 days delivery for those attending from the rock and for those who lack communication.
Call and notice of appeal shall judge rushed into the room of the Council, with the attendance of the parties.
Article 69 the amounts arising from the pursuit of wealth the debtor about selling securities, income garnishment, tracing, tracking real estate will be distributed among the creditors of the Court which has made the pursuit of summoning the parties into the room by the Council through a discharge subject to the call.
Procedure for distribution of the price as referred to in art. 451-454 from civil procedure and the institution of judge Commissioner, referred to in art. 578-583 from civil procedure is abolished.
Article 70 Order of award, date according to art. 558 from civil procedure, will feature in the summary, final adjudication, individualization, former name of the building in question is the owner and the contractor and payment of the price in full, portarei duties, stamp and registration.
Article 71 of the despărţenie Application is a matter for the Court of the last common domicile of the spouses.
If husbands did not have home sharing, the competent court is that of the place of residence of paritului, and when paritul is not domiciled in the country of residence of the applicant is competent court.
If one spouse's choice to introduce the action of despărţenie after receiving a copy of the action of the other spouse, he is bound, under penalty of revocation, to introduce its action before the conclusion of the first desbaterilor in action.
The action will be entered directly to the section in which the first action, as a counterclaim.
When the causes were despărţeniei appeared after the pronouncement of the judgement and while judgment on the first appeal is in action, the counterclaim will be introduced directly to the section in which the judgment call.
Failure of the action within the time limits referred to in the preceding paragraphs, the revocation of the right to draw the required despărţenia, unless the first action of the other spouse has been rejected and the reasons of despărţeniei were born later.
Despărţenia Tribunal may rule in favor of both spouses, even if only one of them has entered the action, when it appears from the evidence managed culpa amandorura.
Claims of alimony, if despărţenia is pending before the tribunal, should be entered in the same section.
Article 73 application for despărţenie will comprise, in addition to the requirements of the application form, referred to in the judgment, the names of the children born of the marriage or having children condiţiunea legitimate legal spouses or recognised.
At your request we will join an extract of marriage and one child from birth.
If there are no copies will be made mention of it.
Article 74 the President of the Tribunal will be able to get even before the first day of appearance, provisional measures about the Presidential Ordinance, with respect to the residence of the spouses, minor children in custody during worldwide judgment, as well as the demand for food.
These measures may be amended or revoked on the same path.
Article 75 before the courts, the parties will submit in person, except if only one spouse performs a deprivation of liberty, is placed under interdiction, or residing abroad, will be able to present through an agent.
Paritul is not held to do test prep. He will be able to ask its samples directly to the Court.
Article 76 President monk, receiving the action, citing the parties before him has, the day and time you will determine.
The day will give husbands lover family, if you will, the councils that will find its way to attempt reconciliation.
If the applicant is missing the deadline, the process is suspended.
If reconciliation fails, or if paritul fails to appear and the plaintiff in the action, President starue will fix the term of the Court sitting in public. This term shall not be shorter than 30 days under disciplinary sanction.
Public meeting, action is judged receivable.
Article 77 If the deadline for suing, only paritul, the action will be rejected as unsupported.
The applicant's appeal against the decision to reject actions will also be rejected as unsustainable if the judgment is presented only intimatul.
The call paritului is judgemental and failing that, if it presents only the complainant.
In the matter of despărţenie is not permissible with the sample frequency and oath.
The complainant may desista dela action throughout the trial in the courts, even if the paritul oppose. The appeal in the matter of the suspension of execution is despărţenie.
Article 78 article 3. 216-233, 235-240, 243-245 including civil code is repealed.
Chapter 9 final and Dispoziţiuni transitorii Article 79 article 1. 27, 31, 33, 34, 39 and 49 of the Act for the courts of wards in the old Kingdom, Bessarabia and Bukovina, art. 61, paragraph 2. (III) law over bills and ticket order and art. 53, para. (III) the law on the cheque, it changes to the effect that the competence of those courts rises up to 50,000 lei value including the first and last capital court, without percentages reported, and up to the amount of 300,000 lei in the first court, including capital without percentages reported.
Art. 30 of the law on the courts of wards changed in the sense that the lawsuits or the common law, or law enforcement, property owners, for cancellation or termination of the rental contract or lease, real estate, securities times and the tenant or lessees ' for isgonirea, their competence rises in first and last instance court until the housing value of 50,000 lei including annual in any directed from entering and prestaţiune evaluated in money, except for the right to appeal to court, when the amount of the contract, in which prestaţiune and enter any directed from the evaluated in money seizure reports, race is not the amount of 300,000 lei.
In the action in which they claim any sum of money, whether by way of rent, either by way of damages deriving from leases, court jurisdiction is determined by the value of the application and not to the contract.
Article 80 of the law of Article 4 August 1921, regarding the competence of the judicial authorities in Transylvania (Transylvania) change to the effect that the competence of those courts shall be increased as follows: the amounts referred to in those paragraphs of article 11 from suscitata, who represents the limits of value concerning jurisdiction, shall be calculated in the future, multiplied by 30, out of the amount indicated in article 10. 476, para. 2 civil procedure, which shall be increased by the amount of 50,000 lei capital without percentages reported.
Article 81 shall be maintained in force dispoziţiunile of law No. 224 of 6 April 1943, to regulate relations between landlords and tenant.
Article 82 In the old Kingdom, Bessarabia and Bucovina, are within the competence of the courts of that heritage of which managed to pass the value of 500,000 lei.
Article 83 the trials pending at courts that the promulgation of the face, through her dispoziţiunilor would become a matter for the courts, will continue to be judged by courts in the first instance.
Tutelele has become a matter for the Court of Justice shall be sent without delay to the competent courts.
Article 84 law before the common law forms of procedure in civil and commercial matters by the contentious nature of the courts before the courts, and courts of appeal.
The judges did not, however, aplicatiune dispoziţiunile art. 1, 3, 4, 5, 6, 7, 8, 9 and 11.
Article 85 all acts of procedure încuviinţate and carried out before the implementation of this law will produce their effect. Those neindeplinite still to this date before any court and in any case, will be fulfilled after the provisions of the law.
Article 86 Judgements handed down prior to the implementation of the present law shall remain subject to the rights of appeal and time limits prescribed by the law under which they were handed down. Calculation of time limits remain that of that law.
Decisions handed down after the implementation of the present law shall remain subject to the rights of appeal and time limits laid down in this law.
Article 87 in Appeals against final decisions of the courts in the jurisdiction of courts data call in Arad-Oradea, Braşov, Sibiu, Cluj, Timisoara, through laws and procedures in force in those constituencies, will continue to be judged by those Courts, until the unification of the laws of procedure with regard to jurisdiction and remedies.
These appeals will be investigated and prosecuted in everything after the rules of procedure provided for in the law on the Court of Cassation and justice.
The appeals against the Court cards in Transylvania and Banat is judged before the procedure.
Article 88 the developing Processes of the Court, having fulfilled the term lapse on the date of promulgation of the law, will not be able to be outdated ex officio or excepţiune before crossing the second month dela implementation of this law.
Article 89 In developing actions and judgment calls, list of witnesses shall be filed in accordance with the law to accelerate the judecaţilor of 11 July 1929.
Article 90 shall be maintained in force dispoziţiunile law No. 609 of 1 July 1941, for exceptional measures applicable during cat army lies in R2, amended by law No. 894 Decemvrie 8 1942.
Article 91 Dela date of implementation of the present law shall repeal law for speeding judecaţilor of 11 July 1929.
The repeal all provisions to the contrary in force throughout the country. Remain in force, however, special provisions on the procedure, provided for by law, for certain subjects. These laws are supplemented by the dispoziţiunile contained in the law of the face, which are not contrary to the laws.
Article 92 of the Law before the coming into force on Septemvrie 15, 1943.
Given in Bucharest, on 22 June 1943.
Marshal ANTONESCU of Romania and leader of the State — — — — — — — — — — — — — —