Law No. 18 Of 12 February 1948 For The Modification Of The Code Of Civil Procedure
Original Language Title: LEGE nr. 18 din 12 februarie 1948 pentru modificarea codului de procedura civilă
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LEGE no. 18 18 of 12 February 1948 to amend the Code of Civil Procedure
Published in OFFICIAL MONITOR no. 35 35 of 12 February 1948
+ Article 1 Books: I, II and III of the civil procedure code shall be replaced by the following provisions: + Book I Jurisdiction of the courts + Title I Competency by subject Article 1. -The courts are competent to decide on all the requests that the law does not give in the fall of other courts. Article 2. -The courts are competent to decide in the first instance, on the applications: 1 1) in commercial matters; 2 2) in terms of prohibition and judicial council; 3 3) in matters of matrimonial matters; 4 4) on the transcription of acts of displacement and tracking of motioners and on the inscription of privileges, mortgages and pawns. They judge appeals made against court books, as well as appeals against the same books, in cases when they were given, according to the law, without appeal. The courts also judge in the subjects that the law still gives in their downfall. Article 3. -Courts judge: 1) appeals made against the sentences given by the courts in the first instance; 2) appeals made against the sentences given by the courts as courts of appeal or in the first instance, without appeal, as well as appeals against judgments given by the jurisdictions set up by special laws, if they or the present law do not provide other courts of appeal. The courts also judge in the subjects that the law still gives in their fall. Article 4. -The Court of Cassation judges: 1) appeals made against the consummate decisions given by the Court; 2) appeals against uncompleted decisions and court documents of any kind, if they could not be appealed on any other ordinary course and the course of judgment would be interrupted; 3. in the subjects that the law gives in the fall of the Court of Cassation. + Title II Territorial competence Article 5. -The application is made at the court of the defendant's home If the defendant is domiciled abroad or has no known domicile the application is made at the court of his residence in the country and if he has no known residence, at the court of the applicant's domicile or residence. Article 6. -When the defendant, apart from his domicile, has a professional occupation, or one or more agricultural, commercial or industrial settlements, the application can also be made at the court of the place of those settlements or occupations, for patrimonial bonds and which are born or to be executed in that place. Article 7. -The application against a legal person of private law is made at the court of her main office. The application may also be made at the court of the place where it takes the representative, for the bonds to be executed in that place or which arise from acts concluded by the representative or from the facts enjoyed by him. The application against an association or companies without legal personality, to make it to the court of the domicile of the person to whom, according to the agreement between the associates, was entrusted with the presidency or direction of the association or company, and of such persons, at the court of residence of any of the associates. In the latter case, the complainant will be able to ask the court to appoint a curator, representing the interests of the associates. Article 8. -Applications directed against the State, the General Directions, the Public Regies, the Autonomous Houses and Commercial Administrations, can be made at the courts in the capital of the country or those in the capital of the county where the applicant is domiciled. When several judges in the constituency of the same court are both competent, the requests in which the State or any of the persons shown above are mentioned, shall be made only at the urban court or, in absentia, at the mixed one in the capital The county, and when there are several competent urban judges, at the first district court, and, in the capital, at the 4th district court. Article 9. -The request directed against several defendants may be made at the competent court for any of them; if among the defendants are and obliged accessories, the application will be made to the competent court for times which of the debtors Principal. Article 10. -Apart from the court of the defendant's domicile, the following courts are competent: 1 1) in the applications regarding the execution, cancellation, termination or termination of a contract, the court of the place provided for in the contract for the execution, or even in part, of the bond; 2 2) in the applications that arise from a report of the location of a motioner, in the actions in justification or in the tabular benefit, the court of the place where the nemiscator is located; 3 3) in applications that arise from a cambie, cheque or promissory note, the court of the place of payment; 4 4) in the applications relating to commercial bonds, the court of the place where the bond was born or that of the place of payment; 5 5) in the applications arising from a transport contract, the court of the place of departure or arrival; 6 6) in applications against a married woman, who has the usual special residence therefore of her husband, the court of the woman's residence; 7 7) in applications made by ascendants or descendants for alimony, the court of the applicant's domicile; 8 8) in the requests that arise from an illicit fact, the court in the constituency, to which that fact was committed. Article 11. -In terms of insurance, the claim for compensation, will also be possible at the court in the constituency of which it is located: 1) the insured's home; 2) insured goods; 3) the place where the accident occurred. The choice of competition by convention is void, if it was made before the birth of the right to compensation. The above provisions do not apply to maritime and river insurance. Article 12. -The plaintiff has the choice between several courts alike. Article 13. -Applications regarding non-moving goods are made only at the court in the constituency of which the motioners are located. When the nemiscator is located in the constituencies of several courts, his application will take place at the court of residence or residence of the defendant, if they are in any of these constituencies, and in case otherwise, to any of the courts in constituencies of which the nemiscator is. Article 14. -In matters of inheritance, I am of the jurisdiction of the court of the latter of the dead: 1) requests regarding the validity or execution of the testamentary provisions; 2) the claims concerning inheritance, as well as those concerning the claims that the heirs would have against each other; 3) the requests of the legataries or creditors of the dead against any of the heirs or against the testamentary executor. Article 15. -Applications in matters of society, until the end of liquidation in fact, are of the jurisdiction of the court where the company has its main office. Article 16. -Applications for bankruptcy are the jurisdiction of the court in the constituency of which the trader has his main commercial settlement. + Title III Special provisions Article 17. -The accessory and incidental applications are in the fall of the competent court to judge the main application Article 18. -In the applications for the finding of the existence or non-existence of any right the jurisdiction of the court is determined by the rules provided for the requests having the object of execution Article 19. -The parties may agree, by inscription or by verbal declaration before the court, that any commercial cause, apart from bankruptcy, shall be judged at the court. It can also be agreed that the causes of goods should be judged by courts other than those which, according to the law, have territorial jurisdiction, except the cases provided by art. 13 13, 14, 15 and 16. + Title IV Conflicts of jurisdiction Article 20. -There is conflict of competition: 1) when two or more courts declare themselves both competent to judge the same cause; 2) when two or more courts, by irrevocable decisions, were declared uncompetitive to judge the same cause. Article 21. -The court, before which the conflict of jurisdiction arose, will automatically suspend any other procedure and submit the file to the court in law to decide on the conflict. Article 22. -The conflict arising between two judges in the same court constituency, is judged by that court. If the two judges don't hold the same court. or if the conflict was born between a court and a court, or between two courts, jurisdiction is that Court. If the two courts in the conflict are not found in the same Courts constituency, as well as the conflict between two Courts, it is judged by the Court of Cassation. The competent court shall judge the conflict of the decision, in the chamber of quibzation, without the citation of the parties, with the right of appeal within 5 days of the ruling. Article 23. -When due to exceptional circumstances, the competent court is prevented for a longer time from operating, the Court of Cassation, at the request of the interested party, will designate another court of the same degree to judge the case. + Title V Incompatibility, abstention and recusal of judges Article 24. -The judge, who has pronounced a decision in question, cannot take part in the judgment of the same cases on appeal or on appeal, nor, in the case of retrial after scrapping. He also cannot take part in the judgment that was a witness, expert or referee in the same case. Article 25. -The judge, who knows that there is a reason for recusal in his regard, is obliged to notify his boss and to refrain from judging the cause. Article 26. -Abholding is proposed by the judge and is judged according to the norms provided by art. 30 30, 31 and 32. Article 27. -The judge may be recused: 1) when, he, his spouse, the ascendants or their descendants, have any interest in judging the cause or when he is a spouse, relative or affin, up to the fourth degree inclusive, with any of the parties; 2) when they are in any of the cases provided by art. 100 of the law of judicial organization; 3) when the husband in life and inseparable is a relative or an afin of one of the parties to the fourth degree inclusive, or if, having died or separated, children remained; 4 4) if he, their spouse or relatives up to the fourth degree inclusive, have a similar cause to that which is adjudicated or if they have a judgment at the court where one of the parties is a judge; 5 5) if between the same persons and one, from the parties was a criminal judgment in 5 years before the recusal; 6 6) if he is a tutor, curator or judicial council of one of the parties; 7 7) if he has said his opinion on what is being judged; 8 8) if he received from one of the parts gifts or promises of gifts or otherwise of duties; 9 9) if there is a feud between him, his husband or one of his relatives up to the fourth degree including one of the parties, their spouses or relatives up to the third degree. Article 28. -You cannot recuse the judges, relatives or afini of those who stand trial as tutor, curator, judicial council or director of a public institution or commercial companies, when they do not have a personal interest in judging the cause. Article 29. -The proposal for recusal will be made verbally or in writing for each individual judge and before the start of any debauchery. When the reasons for recusal arose after the beginning of the debauchery, the party will have to propose the recusal as soon as they are known. The judge against whom the recusal is proposed may declare that he abstains. Article 30. -The recusal of the judge shall be decided by that court, in the composition of which he cannot enter the recused one. In the event of the recusal, the court shall not make up the court, and in the case when it concerns all the judges of a court, it shall be adjudicated by the court in which the appeal is directed. The recusal of all members of a section of the Court of Cassation is judged by the other section of the Court Article 31. -The court decides on the recusal, in the chamber of quibzation, without the presence of the parties and listening to the recused judge only if he finds it appropriate. The interrogator or the oath as a means of proof of the reasons for recusal shall not be admitted. In the course of the judgment of the request for recusal no act of procedure will be done. Article 32. -The conclusion on the recusal is read in the public meeting. If the recusal has been received, the judge shall withdraw and cannot stand the thought of the matter. The conclusion by which the recusal was decided will show to what extent the acts fulfilled by the recused judge are to be kept. Article 33. -The superior court vested with the adjudication of the request for recusal in the cases provided by art. 30, para. II will order the reference of the case to a court of the same degree, if it finds that the request for recusal is founded. If the application is rejected, the case shall be returned to the lower court. Article 34. -The conclusion by which the abstention was approved or rejected, that the recusal was also not subject to any remedy. The conclusion by which the recusal was rejected can only be attacked with the fund. When the higher court finds that the recusal was unjustly rejected, it restores all the acts and evidence administered at the first instance. Article 35. -When the request for recusal was made in bad faith, the court will condemn the one who made it to a fine of 5,000 to 20,000 lei and to the compensation of the injured party. Article 36. -The provisions of this title, apart from art. 24 24 and 27 pt. 7, also applies to members of the Public Ministry, assistant magistrates and clerks. + Title VI Displacement of pricins Article 37. -When one of the parties has two relatives or afini up to the fourth degree including among the magistrates or the popular asesors of the court, the other party may request the displacement of the case to another court of the same degree. The displacement of the cause can still be required for reasons of legitimate suspicion or public safety. The suspicion is justified as many times it can be assumed that the non-bias of judges could be stirred due to the circumstances of the cause, the quality of the parties or the local enemies. Article 38. -The displacement for the reason of kinship or affinity must be requested before the beginning of any debauchery; the one based on legitimate suspicion or public safety can be required in any state of cause. The displacement for public safety can only be required by the Public Ministry under the Court of Cassation. Article 39. -The request for resettlement based on reasons of kinship or affinity shall be filed with the immediate superior court. The request for resettlement based on grounds of legitimate suspicion or public security shall be filed with the Court of Cassation. Article 40. -The request for resettlement is judged in the chibzation room. The president of the court will be able to ask for the case of the case and order, without citing the parties, the suspension of the trial of the case, urgently communicating this measure to the In case of admission, the case is sent to the judgment of another court of the same degree. The decision on displacement is given without motivation and is not subject to any remedy. She will show to what extent the acts fulfilled by the court before the displacement are to be kept. Provisions of art. 35 applies by similarity. + Book II Contentious procedure + Title I Parts + Chapter I Use and exercise of procedural rights Article 41. -Any person who has the use of civil rights can be a party to the judgment. Associations or companies, which do not have legal personality, can stand trial as defendants, if they have their own governing bodies. Article 42. -Persons who do not have the exercise of their rights may not stand trial unless they are represented, assisted or authorized in the face shown in the laws or statutes that ordain their capacity or organization. Article 43. -The lack of exercise capacity of procedural rights can be invoked in any state of cause. The procedural documents carried out by him who do not have the exercise of procedural rights are annulable The representative of the incapacitated, curator or judicial council will, however, be able to ratify all or part of these acts. Article 44. -If the incapacitated has no legal representative and there is urgency, at the request of the interested party, the court will be able to appoint a special curator, who represents him until the appointment of the legal representative; she will also be able to appoint a special curator in case of conflict of interest between the representative and represented or when a legal person, called to stand trial, has no representative. The appointment of these curators will be made by the competent court to decide on the application for appeal. Article 45. -The Public Ministry puts conclusions, oridecateors among the parties are minors, or majors put under guardianship, cleaning or judicial council. In these cases, he will be able to be replaced by a magistrate or a definitive lawyer, after the call that the president will make. In cases when evidence is given by a delegated magistrate, the presence of the Public Ministry is not necessary. Article 46. -At the Court of Cassation, the Public Ministry also draws conclusions in the cases that are judged in the united sections, in full of divergence and in appeals for annulment. + Chapter II Persons who are together plaintiffs or defendants Article 47. -Several persons may be together plaintiffs or defendants if the object of the matter is a common right or bond or if their rights or obligations have the same cause. Article 48. -The procedural documents, the defences and the conclusions of one of the complainants or the defendants may not use any damage to the others. However, if by the nature of the legal relationship or by virtue of a provision of the law, the effects of the decision lie on all claimants or defendants, the procedural acts fulfilled only by some of them or the terms of consent only some of them for the performance of procedural documents also use others. When the procedural documents of some are against those made by others, the most favorable acts will be taken into account. The plaintiffs or the defendants, who did not appear or did not perform an act of procedure in the term, will still continue to be cited. + Chapter III Other persons who may take part in the judgment + Section I-a Intervention Article 49. --Anyone who has an interest can intervene in a cause that follows between other people. Intervention is in its own interest when the intervener invokes a right of his. She is in the interest of one of the parties when she only supports her Article 50. -The request for intervention in self-interest will be made in the form provided for the request for a call to court. It can only be done before the first court and before the closing of the debauchery. With the invocation of the parties, the intervention in self-interest can also be done in the appeal Article 51. -The request for intervention in the interest of one of the parties may be made before the appeal court. Article 52. -After hearing the parties and the intervener, the court will decide on the consent in principle of the intervention. The conclusion can only be attacked with the fund. After the consent in principle, the court will order the communication of the intervention and, in cases where the meeting is mandatory, will be the term in which it will have to be submitted. Article 53. -The one who intervenes will take the procedure in the state in which he is at the time of admission of the intervention; the following procedural documents will also be fulfilled compared to the intervening Article 54. -In the intervention made in the interest of one of the parties, the intervener may do any act of procedure which is not contrary to the interest of the party for the benefit of Article 55. -The intervention is judged, with the main demand. When, however, the trial of the application would be delayed by intervention in its own interest, the court can decide to split it to be special judgment. Article 56. -The appeal or appeal made by the one intervening in the interest of one of the parties shall be deemed void if the party for which it intervened has not itself appealed or appealed. + Section II- The appeal of other persons Article 57. -Any of the parties may sue another person, who may claim the same rights as the plaintiff. The request made by the defendant shall be filed with the meeting. When the meeting is not mandatory, the application will be submitted at the latest on the first day of appearance. The request made by the applicant shall be filed at the latest until the closing of the debauchery before the first The request will be motivated and will be communicated both to the one called and to the opposing party. The copy of the request for the one called will be joined by the children on the request for appeal, welcome and from the documents from the file. Article 58. -The one called to judgment acquires the quality of intervener in his own interest, and if he does not appear, the decision will be opposable. Article 59. -In the case provided by art. 58, when the defendant, called to court for a monetary debt, recognizes the duty and declares that he wants to execute it against the one who will establish his/her right, he will be taken out of court if he submits the amount due. In this case, the judgment will follow only between the complaining party and the one brought to trial. + Section III-a Call under warranty Article 60. -The party may guarantee another person against whom it may proceed, in the event that it falls into pretentious with a claim in warranty or indemnity. In the same conditions, the one called in the guarantee can in turn call in guarantee another person. Article 61. -The application will be made in the conditions of form for the application for appeal. The request made by the defendant will be submitted with the meeting; when the meeting is not mandatory, the application will be submitted at the latest on the first day of appearance. The request for a guarantee made by the applicant may be submitted, until the closing of the debauchery, before the first court. Article 62. -The court will order that the request be communicated to the one called in the guarantee and, if the encounter is, mandatory, you will be given the deadline in which it is to be submitted by the one called in the guarantee. Article 63. -The application for a guarantee shall be adjudicated with the main application. When judging the main application it would be delayed by the call under warranty, the court can order its separation to be judged particularly. + Section IV-a Showing the right holder Article 64. -The defendant, who holds one thing for another or who exercises on behalf of another a right on one thing, will be able to show that on whose behalf he holds his or her right to work, if he has been sued by a person claiming a right real on work. Article 65. -The request regarding the appearance of the right holder will be motivated and will be submitted with the meeting, and, if it is not mandatory, at the latest on the first day of appearance. The application will be communicated to the one shown as holder, together with the summons, copies of the request and documents from the file. Article 66. -If the one shown as the holder recognizes the claims of the defendant and the plaintiff consents, he will take the place of the defendant, who will be taken out of court When the one called does not appear or deny the parents ' shows, the provisions of art. 58. + Chapter IV Representation of the parties Article 67. -The parties may exercise the procedural rights personally or through the trustee. The trustee with the general power of attorney may represent the mandant, only if this right has been given to him. If the one who has given the general power of attorney has no domicile and no residence in the country, or if the power of attorney is given to a preposed, the right of representation in court is presumed Art. 68. -Procure for the exercise of the right of appeal or representation in judgment must be made by registered under the legalized signature; if the power of attorney is given to a lawyer, the signature will be certified according to the law of the lawyers. The right of representation can also be given by verbal declaration, made in court and passed in the conclusion of the meeting. The mandate is presumed given for all acts of judgment, even if it does not include any reinforcement in this regard; however, it can only be restricted to certain acts or to certain court. If the mandate is given to a person other than a lawyer; the trustee can only put conclusions through the lawyer. Assistance by the lawyer is not required of doctors or licensees in law when they are trustees in the hands of their spouse or relatives up to the fourth degree. Also, the lawyer's assistance is not required by the judges, when the party is represented by the spouse or relative up to the fourth degree. Article 69. -Recognitions regarding the rights to court, waivers as well as transaction proposals can only be made under a special power of attorney. The lawyer who assisted on a party to the judgment of the case, even without a mandate, can do any acts to preserve the rights subject to a term and which would be lost by not exercising them in time. He can also exercise any remedy against the given decision; in this case, however, all procedural documents will be fulfilled only to the party itself. Article 70. -When the right of representation arises from the law or from a court provision, the assistance of the representative by a lawyer is not mandatory. Article 71. -The mandate does not cease by the death of the one who gave it, nor if it has become incapacitated. The mandate endures until his retirement by the heirs or by the legal representative of the incapacitated. Article 72. -The waiver or withdrawal of the mandate may not be opposed to the other party other than from communication, except if it was made at the meeting in the presence of The trustee who waives the power of attorney is given to notify both the one who gave him the mandate and the court, at least 15 days before the term of appearance or the fulfillment of the terms of the remedies. Article 73. -The obsties of mosneni or razesi and the composesorates will be represented by one or 3 trustees elected or appointed ex officio, outside if the special laws do not have otherwise. When all members of such a community agree, they appoint the trustees by registered authenticated to the court in the constituency to which the majority of the devalues reside. In the absence of such an agreement those interested will ask the competent court to proceed to the appointment of trustees. In this case, the judge will hear the devalmasi through the notary of the commune, to gather, preferably on a day of celebration, at the town hall of the commune provided in paragraph II, to choose the trustees. The proclamation, signed by the judge, will be displayed through the care of the notary, at the door of the town hall of the communes in which the devalmasses are located, at least 15 days before the day of election. In the same term, the proclamation will be done verbally in each village, through beats with drum, sounds of bugle, or other means of ordinary advertising in the locality. The fulfillment of these formalities will be found by minutes that will be submitted to the notary of the commune where the devalues are to be gathered. At the sorocite day, the judge will make the cry of those gathered, meaning on a list those present and the part that each of them has in the devalmasses goods. In cases when the rights of any devalmas are challenged, the judge will be able to not enroll him, if the appeal will appear to him founded; the non-registration of the right does not prevent his invocation on the path of common law Under no circumstances will the judge postpone the election due to appeals. The judge will collect the verbal statements that each of those registered in the list will do regarding those, whom they want to choose as trustees, The election of trustees will be made with the majority of votes of those present, counted both on the number to the present and to the devalued rights. If the inhabitants do not come or if the two majorities shown above cannot meet, the judge will appoint ex officio the trustees among the members of the community. Those enjoyed before the judge will be found by a conclusion, which will have the power of an authentic power of attorney. Any vice of procedure committed on the occasion of the election or appointment of trustees will have to be proposed on the first day of appearance, under the punishment of decay. In case of cancellation of the mandate, the court will order the restoration of the procedure for the appointment of The mandate given by choice or ex officio is obligatory for the trustee, throughout the course of the judgment. For legitimate reasons, the court will be able to exempt the trustee from the commission given to him. The mandate may be revoked for incapacity or bad faith. The mandate to extinguish the cause by transaction can only be given by a two-thirds majority, counted both on the number of the present and on the devalued rights. If there are several trustees, they decide by majority. In the event of an end to the empowerment of a trustee, the ordinances provided above will be followed for the designation of the replacement. + Chapter V Legal aid Article 74. -He who is not able to face the expenses of a judgment, without receiving his own maintenance or his family can ask for judicial assistance. Article 75. -Legal aid shall include: 1) the temporary exemption from taxes, duties and stamp for all procedural documents; 2) Free defense and assistance through a lawyer delegated by the College of Lawyers. Judicial assistance may be approved at any time in the course of judgment, in everything or only in part. Article 76. -The request for judicial assistance will be made in writing to the court. Article 77. -The application must show the cause to which the material state of the party refers. It will be accompanied by written evidence on its revenue and tasks. Article 78. -The court will investigate the request, being able to ask for clarification and evidence to the parties or information to the local authorities, then will order, without debauctions, by conclusion, in the chibzation room The opposing party may at any time depict the court evidence of the true state of the one to whom the request was granted; the assistance shall not be suspended in the course of new research. The conclusion on the request for assistance or the return to the approved assistance shall not be subject to any remedy. Article 79. -If the court finds that the request for assistance was made in bad faith, by concealing the truth, it can, by returning to the approved assistance, condemn the party to a fine equal to the amounts of payment to which it was exempt. Article 80. -The right to assistance goes out by the death of his party by improving his material condition. Article 81. -The expenses on which the party was exempted by the consent of the judicial assistance will be charged to the other party, if it has fallen in its claims, and will be followed according to the provisions of the tax procedure code. The device of the decision will be communicated ex officio to the tax authorities, through the care of Lawyers appointed ex officio defenders have the right to ask the court for their fee to be charged to the other party, if it has fallen in its claims. + Title II General provisions of procedure + Chapter I Applications Article 82. -Any request directed to the courts must be made in writing and include the appearance of the court, the name, domicile or residence of the parties and the representative, the curator or the judicial council, the object of the request and the signature Applications that are of the competence of rural courts can be made verbally. In this case the showings of the party will be passed in a minutes, signed by the judge, clerk and party and which will replace the written request. If the party cannot sign, it will make speech about it in the minutes. Written applications of persons who cannot sign, will be signed by laying finger before the president of the court or his replacement, and in the rural communes and in front of the notary; the request will be first fortified to the party, making itself showing about this on request. In the cases provided for in paragraphs 2 and 3, the image shall be made on the face of the identity of the party. Art. 83. -When the request is made through the trustee, it will join the proxy in original or in certified copy. The trustee attorney certifies himself the copy on his procure. The legal representative, the curator, or the judicial council, will join legalized copy from the supporting document of its quality. Representatives of legal entities under private law, will show the Official Gazette, in which their empowerment is published. Article 84. -The request for appeal or for the exercise of an appeal, is valid even if it bears a wrong name. + Chapter II Citations and communication of procedural documents Article 85. -The judge may not decide on an application until after the citation or appearance of the parties, except if the law does not have otherwise. Article 86. -The communication of the application and all procedural documents will be made ex officio, by post or through the Portarea Corps, and in rural communes and by notaries. Article 87. --They will be quoted: 1) The state, the county, the commune and the other legal entities governed by public law, in the person of the head of the authority at the Contencios of the head office of the respective administration or, in the absence of litigation, at the 2) legal entities of private law, through their representatives, at the main office of the administration or at that of the branch in the district of the court; 3) associations and companies that do not have legal personality, through their governing bodies at the headquarters of their administration; 4) obstiile de mosneni or de razesi and composesoratele, by their trustees; 5) mass of bankruptcy creditors through the syndic judge; 6) the incapacitated, through their legal representatives; In case of appointment of a special curator, the citation will be made through this curator; 7) members of the Romanian diplomatic and consular corps, from abroad, as well as the staff that depend on it, through the Ministry of Foreign Affairs; 8) those who are abroad without domicile, or known residence, through the Official Gazette and through their trustee in the country, if they have a known one. Those with their domicile or residence known abroad, will be quoted by their trustee in the country, if they have a known one, and they will be sent a citation by registered letter abroad; the receipt of the letter will take place of proof. If they have no known trustee in the country, the citation will be sent by registered letter and will be published in the Official Gazette. 9) those with unknown domicile or residence, according to art. 95. Article 88. -The citation will include: 1) the number and date of issue and the number of the file; 2) showing the year, the month, the day and the hour of appearance; 3) showing the court and its seat; 4) the name, domicile and quality of the quoted 5) the name and domicile of the opposing party and the way of 6) the head of the court's head and the clerk's signature The points 2, 3, 4 and 6 are provided for under penalty of nullity. Article 89. -The citation, under the penalty of nullity, will be handed to the party at least 5 days before the court term. In urgent cases, the term can be even shorter, after the court's assessment. The appearance of the party in court, in person or by trustee, covers any procedural defects. The party, however, is entitled to request the postponement if it is not handed the subpoena within the deadline. Article 90. -The delivery of the citation and all procedural documents, shall be made at the domicile or residence of the quoted one. When it has an agricultural, commercial, industrial or professional settlement elsewhere, the delivery can also be done at the place of these settlements. The delivery can be made anywhere, when the quoted one receives the summons. For those who live in hotels, the citation is given, in their absence, to the manager of the hotel or, in its absence, to the one who ordinarily replaces it. For those who find themselves under weapons, the subpoena is handed down to the nearest higher command. For those who make up the crew of a merchant vessel, the delivery is made, in the absence of a known domicile, at the Capitania of the Port where the vessel is found. For the inmates, the delivery is done to the prison administration. For patients in hospitals, hospices or sanatoriums, at the Department of Asezamate, Article 91. -Handing out citations and all procedural documents, in the cases provided by art. 87 87 section 1, 2, 3, 5 and 7, as well as those provided by art. 90 paragraphs 4, 5, 6 and 7, or when the act is to be handed to a lawyer or notary public can be made to the official or person responsible for receiving the correspondence, who will sign the proof. Article 92. -The delivery of the procedural document will be made to the person in law to receive it, which will sign the proof of receipt, certified by the agent in charge of the delivery. If the one quoted, being at home, does not want to receive the act of procedure or receiving it does not want or cannot sign the proof of receipt, the agent will leave the act in his hand or at the home of the quoted one, concluding about those followed a minutes. If the quoted one is not found at home, the procedural document will be handed to a person in the family, who lives with him, or a person from his service, under the proof, concluding about those followed minutes. If the above show does not want to receive the procedural document, or they do not want or cannot sign the proof of receipt, the agent will leave the act in their hand or at the home of the quoted one and conclude the minutes. The delivery cannot be done to people without judgment. Until proof of the contrary, the power of judgment is alleged. In case of lack and persons shown in paragraph 3 the agent will display the procedural document on the door of the home of the quoted one and conclude the minutes. The minutes provided in the present article will be concluded on the spot, in the assistance of two neighbors, who will not be in the service of the town hall or post and no judicial officials. In the cases provided for in paragraphs 2, 4 and 6, it will be shown, in the minutes, the floor and the apartment of the quoted one, whether he lives in a multi-storey building or apartments. Article 93. -In case of home choice, if the party has also shown the person pregnant with the gaze of the procedural documents, their communication will be made to that person, and in the absence of such showing, at the home of the party. Article 94. -When the communication of procedural documents cannot be done because it has broken down the building, it has become uninhabitable or for another similar reason, the agent will file the act at the court Registry, which will notify the part about this circumstance in advance. Article 95. -When the plaintiff invents that, although he did everything in his power, he did not arise to find out the defendant's domicile, the president of the court can approve his citation by advertising. The citation by advertising is made by displaying the citation at the court door and by publishing it in the Official Gazette, 15 days before the trial deadline. In urgent cases, the president of the court will be able to shorten this term up to The president can order the publication of the citation and in a more widespread newspaper. If the defendant depicts himself and proves that he was quoted by advertising in bad faith, all the procedural documents that followed the consent of this citation, will be annulled, and the complainant who asked for the citation by advertising will be sentenced to a fine from 1,000 to 10,000 lei and to the compensation of the injured party. Article 96. -The party present in court, in person or by the trustee, shall not refuse to receive the procedural documents and the documents communicated to him at the hearing. In this case, the court may approve, upon request, a term to become aware of the acts. Article 97. -No act of procedure can be fulfilled on public holidays, except in hurried cases, after the consent of the president. Article 98. -The change of domicile of one of the parties during the judgment must be brought to the attention of the court by petition to the file; and to the opposing party by registered letter, whose receipt of surrender shall be made. file with the petition notifying the court about the change of domicile. Article 99. -Those charged by the law with the performance of the procedural documents, from whose fault the postponement of the judgment was caused, will be condemned by the court, by an enforceable conclusion, to a fine of 500 to 5,000 lei and to the compensation of the injured party. The convicted one may present a reasoned petition to the court for the exemption or reduction of the fine or compensation. He will be quoted as a matter of urgency, together with the injured party, to whom the compensation was granted, in the match room and the court will decide by irrevocable conclusion. The citation will be done by graft and is exempt from stamp and duty. Article 100. -The minutes, concluded by the person responsible for handing over the procedural document, shall include: 1) the year, month and day when it was concluded; 2) the name of the person who has completed it; 3) its function; 4) the name and domicile of the one who was made communication; 5) showing the court from which the procedural document starts and its identification, and for the subpoenas and the term of appearance; 6) showing the documents communicated; 7) the name and quality of the one to whom the delivery was made or the place where the display was made; 8) the signature of the one who concluded the minutes, as well as the persons who assisted him. If those who are to sign the proof of receipt or the minutes, refuse or cannot do so, speech will be made about it in the minutes. The points 1, 2, 4, 5, 7 and 8 are provided for under the penalty of nullity. The minutes make the proof until the registration in false of the facts found personally by the one who concluded it. + Chapter III Deadlines Article 101. -The deadlines are understood on days off, not counting the day when it began, nor the day when the term ended. The timed deadlines per hour begin to run from midnight to the next day. The timed deadlines for years, months or weeks, end on the day of the year, month or week corresponding to the day of departure. The term that, beginning at 29, 30 or 31 of the month, ends in a month that does not have such a day, will be counted on the latter day of the month. The deadline that ends in a public holiday, or when the service is suspended, will extend until the end of the next working day. Article 102. -The deadlines begin to run from the date of communication of procedural documents unless the law has otherwise. The deadlines also begin to run against the party who asked for the communication, from the time he asked for it. Article 103. -The non-exercise of any remedy and the failure to perform any other act of procedure within the legal term attracts decay, unless the law has otherwise or when the party proves that it has been prevented by a circumstance above its will. In the latter case the procedural document will be fulfilled within 15 days from the end of the prevention; in the same term the reasons for the prevention will be shown. Article 104. -The procedural documents sent by post to the courts, shall be deemed fulfilled within the period if they were handed over to the post office before his fulfillment. + Chapter IV Nullity of procedural documents Article 105. -The procedural documents fulfilled by a non-competitive judge are void. The acts fulfilled with the non-observance of legal forms or a non-competent official will be declared void only if this is caused by the party an injury that can only be removed by their cancellation. In the case of nullity provided by law, the injury is assumed until proof of the contrary. Article 106. -The annulment of an act of procedure also entails the nullity of the following acts, in so far as they cannot have a stand-alone existence. The judge will be able to order the correction of the irregularities enjoyed with regard to the procedural documents. Article 107. -The president will postpone the trial of the matter or the decateors find that the missing part was not cited in compliance with the requirements provided by law under the penalty of nullity Article 108. -Public order nullity may be lifted by the party or the judge in any state of the matter. The other nullity shall be declared only after the request of the party which has an interest to The irregularity of the procedural documents shall be covered if the party did not invoke it on the first day of appearance following this irregularity and before drawing any conclusions. No one can invoke the irregularity caused by his own fact. + Title III Procedure before the first instance + Chapter I Procedure before judgment + Section I General provisions Article 109. -Anyone who claims a right against another person must make an application before the competent court. Article 110. -The request for the handover of a motioner, at the fulfillment of the term of office, can be made even before the fulfillment of this It may also require, ahead of schedule, the term execution of a food bond or other periodic benefit. The President may approve, in general, before the end of the term, requests for the term execution of some bonds, whenever you consider that the applications are entitled to prevent the applicant from a significant damage that he would try it if he waited for the term. Article 111. -The party with interest may make an application for the finding of the existence or non-existence of a right. The application cannot be received if the party can ask for the right. + Section II The appeal Article 112. -The request for a summons will include: 1) name, domicile or residence of the parties 2) the quality, legal in which the parties stand trial, when they do not stand on their own behalf; 3) the object of the application and its value, after the appreciation of the applicant, when the appreciation is possible. For the identification of the motioners will be shown the commune and the county, the street and the number, and, in the absence, the neighborhoods, the floor and the apartment, or when the nemiscator is inscribed in the land book, the land book number and the topographic number; 4) showing the factual and legal reasons on which the application is based; 5) showing the evidence on which each end of the application rests. When the proof is made through the documents, so many copies will be joined on request, as far as they are, more than one copy of each registered, for the court; the copies will be certified by the applicant that they are the same as the original. It will be possible to submit only a part of an inscribed on the case, remaining as a court, to order, at need, the appearance of the document in its entirety. If the documents are written in foreign language or with old letters, translations or copies of Latin letters will be submitted. When the plaintiff wants to prove his request or any of the ends of his request, through the interrogator or the oath of the defendant, he will ask for his appearance in person. When proof is required with witnesses, the names and the home of witnesses will be shown; 6 6) signature. Article 113. -At the request for a summons will be joined by so many children on the request as many as they are. If more parents have only one representative or if the defendant has more legal qualities, a single copy of the action and the documents will be communicated and a single citation will be handed down. Article 114. -The President, as soon as he receives the request for a summons and finds the payment of the stamp, the procedure fee and the proportional tax, will be the day of the appearance and will quote the parties before the court, at the hearing. The president will be able to take a certain time to judge the cause. When the plaintiff is present at the fixation of the term, he takes the term to the notice; the president will consider the shortcomings of the request for appeal, to them before the communication. The president will at the same time have to communicate to the defendant, with the summons, copies of the request and documents, asking him to submit to the file a welcome at least 5 days before the deadline for judgment. With the sorocation of the term, the president will order, if requested by request, the reading of the defendant to the interrogator or oath, subject to desbatteries at the term of appearance. Under the same reserve will be able to take any other measures, in the edges of the ordinances for evidence. The deadline will be so that, from the date of receipt of the citation, the defendant will have at least 30 days for the submission of the welcome, and in urgent cases, at least 5 days. If the defendant lives abroad, the president will be able to sip a longer term. + Section III Welcome Article 115. -The welcome will include: 1) the exceptions of the procedure that the defendant raises at the request of the applicant; 2) the answer to all the factual and legal ends of the application; 3) the evidence with which he defends himself against each end of the application; when he asks for proof of witnesses, the defendant will show their name and dwelling; 4 4) signature. Article 116. -At the welcome will join so many children on the welcome how many applicants are; also will join the same number of certified children on the documents they support, more a row of children for the court. If more than one claimant has only one representative, or a claimant stands trial in several legal qualities, only one copy shall be filed for these parties. Article 117. -When there are more parites, they can all answer together or only a portion of them, through one encounter. Article 118. -Before the rural courts, the defendant is not obliged to, file a welcome; but the president will put them in mind on the first day of appearance, to show all the exceptions, the evidence and his means of defense that speech will be made about conclusion of the meeting The same obligation has the defendant in front of any court when he was exempted from the filing of the welcome. + Section IV Reconventioned request Article 119. -If the defendant has any demands in relation to the application or the means of defence, of the applicant, he may make a counterclaim. The application must satisfy the conditions laid down for the application for appeal. The counterclaim shall be lodged with the meeting or, if the defendant is not obliged to meet, at the latest on the first day of appearance. When the plaintiff has modified his request for a summons, the counterclaim will be filed at the latest by the time limit of the defendant's consent to this end. Article 120. -The counterclaim, it is judged with the main demand. When, however, only the main demand is able to be judged, the court can judge it particularly. + Chapter II Their meetings and police Article 121. -The meetings will be public, except when the law has otherwise. The court may order that the debaucheres be made in the secret meeting, if the public dissolution could harm the public order or morality or on the parties. In this case, the parties will be able to be accompanied, apart from their defenders, by no more than two persons designated by them. The decision is always in public session. Article 122. -The president exercises the sitting police, and can take measures to preserve the order and good life. If there is no more room in the meeting room, the president can remove those who would come later or those who exceed the number of places. No one can be allowed to enter with weapons in the meeting room outside only if they wear them for the service that meets before the court. Those who take part in the meeting are obliged to have a proper conduct. The one who speaks to the court must stand. The President may approve exceptions to this duty. They can be removed from the hall the unmarried and the persons who would be infused in an unseemly attire. The President can call to order any person who turbors the walking of the debaucher If this call remains fruitless, he can compel the turburor to leave the room and to the needy will give orders to be removed from the room. The president can order the removal of all people in the room, unless otherwise the order can be kept. Article 123. -If any of those removed from the room were any of the parties, before the closing of the debaucherers, it shall be called into the hall, and, under the penalty of nullity, shall be put into account all the acts of chief, spent in his absence, as well as statements of the listened The above provision does not apply if the remote part of the meeting was assisted by a lawyer, who remained further in the room. Article 124. -The above provisions apply in all places where judges are called to perform their functions. + Chapter III Judgment + Section I Looks and debauchery Article 125. -The president will have to draw up for each meeting a list of the sorts of cases to be judged on that day and which will be displayed at the door of the meeting room at least one hour before the start of the meeting. The cases declared urgent and those remaining in the divergence will be judged before the others. The parties can ask for the change of the row, if the impricinates having sorocite pricins before them do not resist. Article 126. -The parties can ask the court, at the beginning of the meeting, to postpone the cases that are not in a state of judgment, if these requests do not cause debauc This postponement can also be made by a single judge. Article 127. -The causes are broken verbally, if the law does not have otherwise. Article 128. --President opens, suspends and raises the meeting. The president will give the word more intaiu to the plaintiff and following the defendant. In case of need, the president can give the word several times, stinking it up in time every time. Article 129. -The president is entitled to ask questions of the parties or to put in their disregard any factual or legal circumstances that lead to the unbundling of the cause, even if they are not contained in the request or welcome. They will be able to order the evidence that they will find appropriate, even if the parties resist. Article 130. -Judges or parties may ask questions to witnesses or experts only through the president's intercession, which may, however, consent to them asking the questions directly Judges are obliged to stir, by all legal means, to discover the truth and to prevent any mistake in knowing the facts; they will give the parties active help in protecting their rights and interests. They will decide only on those who form the object of judgment. Article 131. -At the rural courts the judge, before entering the debauchery, will try to reconcile the parties. If the parties reconcile, the judge will find the conditions of reconciliation in the decision he will give. Art. 132. -On the first day of appearance the court will be able to give the applicant a deadline for the completion or modification of the application, as well as to propose new evidence. In this case, the court orders the postponement of the case and the communication of the modified request of the defendant, in order to make the The application shall not be considered amended and shall not be given, but shall be passed at the conclusion of the meeting the oral statements made in court: 1) when the material mistakes in the application are made; 2) when the claimant increases or decreases the velvet of the object of the application; 3) when asking for the value of the lost object or perished 4 4) when it replaces the application in finding by a request for the realization of the right or on the contrary, if the application in the finding can be received. The complainant will be able to ask for a deadline to file a meeting with the counterclaim and propose the evidence in defence. Article 133. -The application for a summons that does not include the name of the applicant or the defendant, its object or signature, shall be declared void. The lack of signature can still be fulfilled throughout the course of judgment. If the defendant invokes the lack of signature, the applicant will have to sign the first day of appearance at the latest, and when he is present in court, at the very meeting in which the nullity was invoked. Art. 134. -It is considered that the first day of appearance in which the parties, legally quoted, can put conclusions. Article 135. -The counterclaim and the introduction of another person to trial, which will not be made within the deadline provided by law, will be judged particularly, except when both parties consent to judge together. Art. 136. -Exceptions of procedure that have not been proposed in the conditions of art. 115 and 132 will no longer be able to be invoked in the course of judgment, except those of public order. Article 137. -The court will rule first on the exceptions of the procedure, as well as on the substantive ones that make superfluous, in whole or in part, the background research of the cause. The exceptions will not be able to be united with the fund unless for their adjudication there is a need to administer evidence in relation to the substantive unbundling of the cause. Art. 138. -The evidence that was not required under the conditions of art. 112, 115 and 132, will no longer be able to be invoked in the course of the court, except the cases: 1 1) when the proof required is the oath; 2) when the need for proof would be repressed from debauchery and the party could not foresee it 3) when the administration of the proof does not cause the postponement of the judgment; 4 4) when the proof was not required in the conditions of the above mentioned articles because of the ignorance and lack of preparation of the party. In the case of postponement, the party is obliged, under the punishment of forfeiture, to submit at least 5 days, before the term sorocit for judgment, certified copies of the documents invoked. Article 139. -The party that submitted a document in certified copy, is obliged to have on it at the meeting, the original of the document or to submit it before in keeping the graft, under the punishment of not taking into account the inscription. If the opposing party cannot realize the accuracy of the copy compared to the original depicted in the meeting, the judge will be able to grant a short term, obliging the party to submit the original in keeping the graft. Article 140. -The entries filed by the parties remain the acquired of the judgment and can no longer withdraw without the consent of the opposing party. The documents submitted in the original will not be able to be withdrawn until after the legalized copies of the court's graft are left, to which the filing was made. Article 141. -When the accuracy of the translation in Romanian or of the Latin letter writing is denied, the court may order that the translation or writing in Latin letters be made by an authorized translator or, in absentia, by a person of trust, in which case the provisions on experts will apply. The defendant will make this request by welcoming, and the plaintiff, at the first term of appearance. Art. 142. -If the party or the witness does not know the Romanian language, an authorized translator will be used or, in absentia, a reliable person, in which case the provisions regarding the experts will be applied. The judge can perform the function of a translator without taking an oath. Article 143. -When he that is to be heard is mute or deaf, and cannot be understood, he shall be made to write the answer. If he does not know how to write a talmaci will be used, applying the provisions regarding experts. Article 144. -When the one obliged to sign the statements made does not want or cannot sign it will be made showing in the act of procedure. Article 145. -Further drawing will be sorocite in special meetings, even outside the hours steadfastened for the trial of the pricins. Art. 146. -The parties will be able to be indebted, after the closing of the debauctions, to submit written conclusions or written abbreviations, signed by them, of their verbal statements. The parties will be able to submit their conclusions or abbreviations even without being obliged. They will be recorded. Article 147. -The drawings followed at the meeting will be passed at the conclusion of the meeting, which will be signed by the judges and the Registrar. Art. 148. -On request, the Registry will issue children from the conclusion of the meeting, from the decision or device or from the other documents on file. Copies of the terminations, device or decisions will only be able to be released after they have been signed by all judges, under the penalty for clerks to be pursued as counterfeiters. If the debaucheres were followed in the secret meeting, persons other than the parties, may not acquire children from the conclusion, expertise or statements of witnesses except with the consent of the president. Article 149. -The court will approve the stenography of the debauchery, in whole or in part, at the request of the party. In this case, the provisions on experts will apply. Article 150. -When the court is settled, the president will declare closed desks. Article 151. -The cause can be put back on the role, if the court finds necessary new clarification. Article 152. -If, at any time sordid for judgment, only one of the parties is presented, the court, after researching all the works in the file and listening to the party's submissions, will rule on the basis of the evidence administered, and may receive the exceptions and defences of the missing party. Article 153. -The part, which was present at the appearance, itself or by trustee, even not empowered with the right to know the term, will not be cited, throughout the court, being presumed to know the following deadlines. This provision shall not apply to: 1 1) in case of reopening of the judgment, after being suspended or postponed without term; 2) in case of sorocation of a term for the call to interrogator or oath; 3) If the case is concerned, it shall be reinstated. The term taken into account or for which the citations have been sent cannot be changed, until after the citation of the parties and for thorough reasons. The request is adjudicated in the thoughtfully chamber. Article 154. -The part that in any way caused the postponement of the judgment, will be obliged, at the request of the opposing party, to pay him a compensation for the damage caused by postponement. The court decides, after hearing the parties, an irrevocable conclusion. Compensation is not returned, even if the part that has acquired it falls in its demands. If the conclusion was not executed during the judgment, the party will be able to ask that the compensation be taken into account when the decision is delivered. Article 155. -The postponement of the judgment, under the terms of the agreement of the parties, can only be approved once in the course of the court. After such a postponement, the judgment, if the parties do not arouse, will be suspended and will not be reopened until after the payment of the amounts provided by the stamp law for the reopening of the pricins. The court is obliged to investigate whether the postponement required by both parties for a specific reason does not tend to a postponement by the parties ' agreement; it is considered as such the request for postponement to which the other party could resist. Art. 156. -The court will be able to give a single term, for lack of defense, thoroughly motivated. When the court refuses to postpone the judgment for this reason, it will postpone, at the request of the party, the ruling, in order to submit written conclusions Article 157. -The reasons in which the procedure is fulfilled and which cannot be judged for lack of time will be postponed, at the request of one of the parties, to a short term for when the parties will no longer be quoted. These pricins will be judged in particular. + Section II Procedural exceptions or the exception of the working power Art. 158. -When the party brought to court invokes the court's non-competence, it is obliged to show the competent If the court declares itself competent, it will proceed to the trial of the case, the dissatisfied one being able to appeal after the decision on the fund. If the court declares itself uncompetitive, it will send the file to the competent court, as soon as the decision has become irrevocable. The time limits for the exercise of remedies shall be carried out. The submission of the file to the competent court shall not be hindered by the exercise of the appeal by the party who has obtained the declaration of If the non-applicant is not of public order, the party that made the request to a non-competitive court or, in hiding the character of the application, made to be assigned to a non-competitive court or section, will not be able to ask for the declaration of non-competence. Article 159. -The lack of competence is public order: 1) when the question is of the competence of the administrative authorities or of a lower court in the degree; 2) when the question is of the jurisdiction of another court and the parties cannot remove it. Article 160. -In case of declaration of non-petition, the evidence administered in the non-competitive court remains won the judgment and the competent court will not order their restoration except for thorough reasons. Article 161. -When the court finds the lack of exercise capacity of the procedural rights of the party or when the representative of the party does not prove its quality, a period may be given for the fulfilment of these shortcomings If the deprivation fails, the court will rescind the request. Art. 162. -The exceptions to the public order procedure can be raised before the court of appeal only when there is no need for a verification of the factual circumstances outside the case. Article 163. -No one can be sued for the same cause, the same object and the same party before several courts. This exception will be able to rise by the parties or the judge in any state of the matter before the substantive courts. If the exception is received, the case will be sent to the court that was first invested, and if the cases are in the judgment of special courts, at the higher grade court. Article 164. -The parties will be able to ask for the meeting of several reasons that are before the same courts or special courts, of the same degree, in which they are the same parties or even together with other parties and whose object and cause have between the dances a close Liaison. The meeting can be made by the judge even if the parties did not ask for it. The file will be sent to the court first vested, except if both parties ask for it to be sent to one of the other courts: When one of the reasons is the jurisdiction of a court, and the parties cannot remove it, the meeting will be made at that court. Article 165. -In any state of judgment, the proceedings may be broken up, if the court reckons that only one of them is in a state of judgment. Art. 166. -The exception of the power of the tried may be raised, by the parties or by the judge, even before the courts of appeal. + Section III Evidence administration + § § 1. -Art. 167. -The evidence can be agreed only if the court reckons that they can bring the unbundling of the cause, except when it would be dangerous for them to be lost, by delay. They will be administered before the debaucheres begin on the fund. Proof and proof of the contrary will be administered as far as possible at the same time. When the evidence with witnesses was approved in the conditions of art. 138, the proof to the contrary will be requested under the punishment of the fall in the same meeting, if both parties are present. The missing party to the proof of proof is obliged to ask for proof of the contrary at the next meeting, and in case of prevention, on the first day when it appears, Art. 168. -The conclusion, by which the evidence is approved, will show the facts that will have to be proven, as well as the means of proof approved for their proof. The administration of the evidence will be done in order steadfastened by the court. When one side gives up the evidence that it has proposed, the other side can also enliven them. Article 169. -The administration of the evidence is before the court. The court can delegate a magistrate for the administration of evidence, which will also be able to be done in the chibzation room. The court will be able to meet in the same meeting, the day and the time when the parties will appear before the untied judge, giving them the term in their knowledge in the conditions of art. 153 153, which also applies to the delegated magistrate. When the administration of the evidence is to be done in another locality, it will be fulfilled, by delegation, by a court of the same degree or even lower in the degree, if in that locality there is no court of the same degree. If the way the proof of proof ingadue and the parties agree, the court administering the proof may be exempt from summoning the parties. Article 170. -When a local research, expertise or proof of witnesses was approved, the party that proposed it is obliged, within 5 days from the consent, to deposit the amount, settled by the court, for the research expenses, the road and the compensation. witnesses or payment of the expert container will be submitted to the court Registry. When the parties were approved according to the provisions of art. 138 138 section 2 2 and 4, the above term may be extended up to 15 days. Failure to meet these bonds attracts the decay, for that court, from the proof of consent. The deposit of the amount will be possible, however, after the deadline, if the judgment is not postponed by this. Article 171. -The fallen part of the right to administer a proof, will still be able to defend itself, in fact also discussing in law the merits of the supporters and the evidence of the opposing party. + § § Two. -Art. 172. -When the party invents that the opposing party holds a document concerning the cause, the court may order its appearance. The request for appearance cannot be rejected if the document is common to the parties or if the opposing party itself has referred to the judgment or if, according to the law, it is obliged to depict the document. Article 173. -The court will reject the application for the appearance of the document, in whole or in part, in the cases: 1. when the inclusion of the document concerns entirely personal matters; 2. when the appearance of the inscription would violate the duty to keep the secret; 3. when the appearance would attract prosecution against the party or another person, or expose it to the public contempt. Art. 174. -If the party refuses to respond to the interrogator or to take the oath that it was proposed in proving the possession or existence of the document, if it appears from the evidence administered that it hid it or destroyed it or if, after it proved its possession The inscription, does not depict it at the request of the court, it will be able to count as proven the claims of the party that asked for the appearance, regarding the contents of that inscription. Article 175. -If the document is found in the preservation of an authority, the court will take measures to bring it, being able to pronounce against the head of the authority, in case of unfounded refusal, compensation for each day of delay. If the enrolment is held by another person, it will be able to be cited as a witness, putting it in mind to bring the document to court, under the penalty of paying compensation for each day of delay. It is entitled to refuse to bring the document in the cases provided by art. 173. The appearance and bringing of the document are made at the expense of the party who asked for proof; the amount of payment will be extinguished by irrevocable conclusion. Article 176. -The court will not be able to ask for the sending of land books and plans, the registers of the authorities as well as the original documents submitted to courts or public notaries. The research of these documents will be done, with the citation of the parties, by a delegated magistrate or, if the document is found in another locality, by delegation, by the respective court. + § § 3. -Art. 177. -The one who opposes a document under his private signature is obliged, either to admit, or to deny the writing or signature. Heirs or followers in the rights of the person from whom it is claimed to be the inscription may declare that they do not know his or her signature. Article 178. -When one of the parties declares it does not recognize either the writing or the signature, the court will step to check the document. Towards this end, the president of the court will compel the one who is assigned his writing or signature to write and sign under his dictation, parts of the inscription. The refusal to write will be counted as a recognition of writing. Article 179. -If the court, after checking the document with the writing or signature made in front of it or with other documents, is not clarified, it will order that the verification be made by expert, obliging the parties to immediately submit documents for verification. They are received as such: 1. authentic documents; 2. private documents, not agitated by the parties; 3. the part of the networked inscribed; 4. his signature handwriting made before the court. Documents submitted for verification will be signed by the President, Registrar and Parties. The parties shall be aware of the documents. Art. 180. -If one party declares that the writing or signature is false and the other party is not present, the court will order the appearance of the parties in person, at another term, when the party that invoked the inscription will show its means of defense and file Registration for verification. The parties may also be represented by special proxy trustees if they prove a well-founded stumbling block. Article 181. -The president will find, through the minutes, the material state of the defamation document, if there is on him erasures, additions or entitlement, then he will sign it, to the unchanged and will entrust it to the graft, after it is signed by the Registrar and the parties. If the parties do not or cannot sign, it will be made in the minutes. Art. 182. -At the sordid day, the president asks the side that has depicted the inscription if he understands to use it. If the party is missing, it does not want to respond or declares that it is no longer using the inscription, it will be removed. If the party that has defamed the enrolment as a forgery, is missing or does not want to respond or stirs in the statement, the enroll will be reckoned as recognized. Art. 183. -If the party, which defends the inscription as false, shows the author or the accomplice of the false, the court can suspend the judgment of the case, submitting the registration of the Public Ministry, together with the minutes to be concluded. Art. 184. -When it is not a case of criminal judgment or if the public action has died or has been prescribed, the forgery will be investigated by the civil court, by any means of proof. Art. 185. -The one who asked for a script check will be able to be sentenced to a fine of 500 to 10,000 lei and to compensation, if it turns out that the document was written by him. + § § Four. -Art. 186. -When the court has approved the proof with witnesses, it will order the obedience of those who were proposed by request and welcome. In the cases provided by art. 138 138, point 2 and 4, the list of witnesses will be submitted, under the punishment of decay, within 5 days from the consent. The replacement of witnesses will not be agreed except in case of death, disappearance or well-founded reasons, in which case the list will be submitted within the period and under the sentence above shown. The fall from the proof with witnesses for the non-fulfillment of the obligations provided by 170, shall be covered if they appear at the time of their hearing. Art. 187. -The court will be able to edge the number of witnesses Article 188. -Against the witness, who is missing at the first citation, the court will give a mandate to bring, and can apply, by enforceable conclusion, and a fine of 500 to 5,000 lei; the fine will be able to rise for thorough reasons. In urgent cases, it can be ordered to bring witnesses with a mandate right at the first term. If, after the warrant of bringing, the witness does not appear, the court will be able to step to trial. The court may approve the hearing of the witness at his home, when he is prevented from coming to court. Article 189. --Can't be heard as witnesses: 1. relatives and blueberries up to the third degree inclusive; 2. husband, even separated; 3. prohibited and those declared by law incapable of confessing; 4. those convicted of vow or false testimony. Article 190. -In the case of marital status or separation, it will be possible to listen to the above relatives and affins, apart from the descendants. Art. 191. --They are exempt, from being witnesses: 1. the servants of the cults, doctors, midwives, pharmacists, lawyers, public notaries and any other workers whom the law obliges to keep secret about the facts entrusted to them in the exercise of their occupation; 2. civil servants and former civil servants, on the secret circumstances they were aware of in this capacity; 3. those who through their answers would expose themselves or expose any of the persons shown in art. 189 to points 1 and 2, to a criminal penalty or to public contempt; in these cases, the reason for exemption will be proven by oath. Persons shown in points 1 and 2, apart from the servants of the cults, will be obliged to submit if they have been disconnected from the duty of keeping the secret from that interested or the authority interested in keeping it. Art. 192. --The President, before taking the testimony, will ask the witness to show: 1. name, occupation, dwelling and age; 2. if it is a relative or an afin with one of the parties and in what degree 3. if it is in service of one of the parties; 4. if he is on trial, in enmity or in links of interest to any of the parties. The president will then consider the witness the duty to swear and the penalties he will suffer in case of false testimony, Article 193. -The witness will utter after the president the following oath: "I swear that voiu tells the truth and that he does not hide anything that I know." The mutii and deaf-muths of the book will perform the oath by writing the above formula and signing it; the deaf bookies of the book, will utter the oath. Those who do not know how to write will swear by signs with the help of a talmaci who will file more intaiu the oath provided for experts. Article 194. -The witness who without good reason refuses to swear or to submit the testimony, will be sentenced, by enforceable conclusion, to the fine of 500 to 5,000 lei and to compensation to the injured party. Article 195. -Children younger than 15 years old and those who because of the weakness of mind are deprived of judgment, can be heard without oath and without their statements having the strength of some testimonies. Art. 196. -Every witness will be heard particularly, the disobedient cannot be present. The order of hearing the witnesses will be steadfastened by the president, also taking into account the request of the parties. After obedience, the witness remains in the meeting room until the end of the research, except if the court decides otherwise. The witness is not allowed to forgo a written answer from before; however, he may use notes with the consent of the president, but only on figures or names. Art. 197. -Witnesses can again be asked, if the court finds it appropriate. Witnesses whose looks do not match, will again be asked, being faced. If the court finds that the question posed by the party cannot lead to the unbundling of the cause, it is offensive or tends to prove a fact whose proof is stopped by the law, it will not approve it. The court, at the request of the party, will pass in the conclusion of the meeting both the question and the reason why it was removed Art. 198. -The testimony will be written yes to the Registrar, after the dictation of the President or the delegated judge, and will be signed on each page and at the end of her by the judge, the Registrar and the witness, after he became aware of the contents. If the witness does not want or cannot sign, talk about it. Any additions, erasures or changes in the contents of the testimony must be approved and signed by the judge, by the Registrar and the witness, under the punishment of not being observed. The unwritten places in the declaration must be fulfilled with lines, so that nothing can be added. Article 199. -If from the research it appears strong suspicions of false testimony or witness bribery, the court will conclude minutes and send the witness before the criminal authorities. Article 200. -The witness may ask to be paid the expenses of the road and to be compensated by his or her condition and according to the remoteness of the domicile and the lost time. The conclusion of the court or the delegated judge is enforce + § § Five. -Art. 201. -When, in order to clarify some circumstances, in fact, the court sees fit to know the opinion of some specialists, it will appoint one or three experts, steadying the points on which they are to rule. Article 202. -The experts will be appointed by the court, if the parties do not agree on their appointment. The conclusion of appointment will also be paid due to experts. Article 203. -They will not be called experts: 1. minors and prohibited; 2. falsehoods; 3. those convicted of murder or for the crime of forgery, theft, deception, abuse of trust, false testimony, crimes against good morals, vagrancy, abuse of power, illicit speculation, economic sabotage, bribery, trafficking of influence, embezzlement, breaking of seals, evading, crimes against the inner and outer safety of the State, libel or slanderous denunciation. Article 204. -Experts can recuse themselves for the same reasons as judges. The recusal must be requested within 5 days from the appointment of the expert, if his reason exists on this date; in the other cases the term will flow from the date when the reason for recusal arose. The recuses are judged in public session, with the citation of the parties and the expert. Article 205. -The provisions regarding citation, bringing with a mandate and punishing missing witnesses are equally applicable to experts. If the expert does not appear, the court can order his replacement. Also, the expert who refuses, without good reason, to take the oath or to receive the expertise will be replaced, and can be subjected in this case by enforceable conclusion and to the fine of 500 to 5,000 lei. Art. 206. -The expert will file in the chizbuire room or in the meeting, the following oath: "I swear I will carry out my commission of expert with honor and non-bias." Article 207. -If the experts can immediately give their opinion, they will be heard even in the meeting, and their opinion will pass in a minutes, drawn up according to art. 198. Art. 208. -If for expertise there is a need for a work on site, it can only be done after quoting the parties by the recommended postcard, with proof of receipt, showing the days and hours when the work begins and continues. The proof of receipt will be joined by the expert's work. The parties are obliged to give the expert any clarification in relation to the object of the work. Article 209. -The appointed expert is obliged to submit his work at least 5 days before the deadline for judgment. Failure to submit the work in the term can attract a fine of 500 to 5,000 lei; if even in this case the expert does not submit the work, the fine can be increased up to 20,000 lei. The conclusion of conviction is enforceable The fine will only be able to rise for good reasons. Article 210. -When there are several experts with special opinions the work must include the reasoned opinion of each. Art. 211. -Experts are obliged to appear before the court to give deslusiri whenever they will be asked, in which case they are entitled to compensation that will be extinguished by enforceability. When they do not appear, they will be imposed the fine provided by art. 205. Article 212. -If the court is not clarified by the expertise made, it can order the completion of expertise or a new expertise. Contraria expertise will have to be requested motivated at the first deadline after submission, work. Art. 213. -The experts, who will ask for or receive more than the steadfast payment, will be punished for taking bribes. At the request of the experts, taking into account the work, the court will be able to increase their due payment by concluding enforceable with the citation of Art. 214. -If the expertise is made by another court by delegation, the appointment of experts and the steadfastness of the payment due to them will be able to be left to this court. + § § Six. -Art. 215. -If the court will count the need, it will be able to decide that in its entire or only one of the magistrates will go to the spot to clarify on some factual circumstances that will be shown by conclusion. Article 216. -The on-site research will be done with the citation of the parties, and the experts and the experts can listen. The minutes will be concluded about those followed at the scene. Article 217. -When the court goes to the spot, it will be accompanied by the Public Ministry, in cases where it is present. it is required by law. + § § Seven. -Art. 218. -It will be possible to approve the call to the interrogator, when it is regarding personal facts, which, being in connection with the cause can lead to its unbundling. Art. 219. -The one called will be asked by the president on each individual fact. With the consent of the president, each of the judges, the Public Ministry, as well as the opposing party, can ask the questions of the one called to the interrogator. The party is not allowed to read a written response from before. However, it can be used by notes, with the consent of the president, but only on figures or names. If the party declares that in order to respond it must investigate the documents, a new deadline for the interrogator will be possible. Article 220. -The legal representative, the curator or the judicial council can be personally called to the interrogator for the concluded acts and the facts enjoyed by him in this capacity. Article 221. -The answers to the interrogator will be passed on the same sheet with the questions, the Interrogator will be signed on each page of president, Registrar, the one who proposed it, as well as the part that responded after becoming aware of the contents. So will the additions, stersats or changes be signed, under the punishment of not being observed. If the parties do not want or cannot sign, it will be made on the basis of the interrogator. Article 222. -The state and the other legal entities under public law, as well as legal entities under private law, will respond in writing to the questioning that will be communicated to them. The companies of persons whose associates with the right of representation will be personally summoned to the interrogator shall be exempted. Article 223. -The party that is domiciled abroad, will be able to be questioned by the one who represents it in court. In this case, the interrogator will be communicated in writing to the trustee, who will submit the reply of the party given in the contents of a special and authentic proxy. If the trustee is a lawyer, the special procure certified by him, is indestulating. Article 224. -The court may consent to taking the interrogator to the home, if the party is prevented from coming before the court. Article 225. -If the party, without thorough reasons, refuses, to respond to the interrogator or does not appear, the court may count these circumstances as a full confession or only as a beginning of proof for the benefit of the opposing party. + § § 8. -Art. 226. -The judge will be able, after the request of one of the parties, to give the other oath on facts that will be shown by the conclusion that decides the oath. The judge will be able to reject the request for oath, if it is offensive or given with manifest bad faith. Article 227. -The oath can only be given to a personal fact of the part or to the knowledge that it has about any other fact. The fact must be in connection with the cause and lead to its unbundling; the oath can be given only in the cases that may be the subject of a transit. Article 228. -The oath can be given throughout the course of judgment before the substantive courts. The questions will be asked in writing and signed by the side that takes the oath. Article 229. -Before the enjoyment of the oath, the president will show to the side the facts on which he has to swear and the punishments against those who swear unjustly. Article 230. -The one called to swear will utter after the president the following oath: "I swear that voiu tells all the truth about the facts on which I am asked to confess." Art. 231. -When the oath is committed, the court will take the confession of the party who swore, what will pass in a minutes, signed by the president, by the clerk and by the side that swore. If the party cannot or does not wish to sign, speech will be made about it in the minutes. Article 232. -If the party, without thorough reasons, does not appear to perform the oath, the court will count this as a need on the part to receive to swear. Article 233. -When the oath was committed, the opposing party is not received to prove that the oath was a liar. Article 234. -The provisions of art. 230 and 231 shall also apply to the oath given by the judge in the conditions provided by the civil code. + § § 9. -Art. 235. -Anyone who has an interest to urgently ascertain the testimony of a person, the opinion of an expert, the state of things, moving or unmoving, or to acquire the recognition of a document, a fact, or a right, will be able to ask for the administration of these evidence, whether it is distress that they disappear or be hard to administer in the future The request can be made even if there is no danger in delay if the defendant gives his consent. Art. 236. -The application will be directed, before the judgment, at the court in the constituency of which the witness or the object of the investigation is located, and during the trial, at the court that judges the case. The party will show in demand the evidence whose administration it claims, the facts that it wills to prove, as well as the danger of delay or the invocation of the defendant. The defendant is not obliged to file a welcome. The court will decide by concluding the date in the quibzation chamber. In case of distress in delay, the court will be able to approve the request and without citing the parties. Art. 237. -The administration of the proof can be made immediately or at the deadline that will be sordid. Article 238. -The conclusion of the court is enforceable, and may be appealed within 5 days from the pronouncement, if it was given with the summoning of the parts, and of communication, if it was given without their citation. The conclusion given during the trial of a matter can only be appealed with the fund. Art. 239. -Anyone who has an interest in urgently ascertaining a certain state of affairs, which could stop or change until the administration of evidence, will be able to ask the court, in the constituency to which the finding is to be made and besides which works the port, to delegate a portarel to find on the spot this state of affairs. The President may approve the establishment of the finding without the notice of the one against the case, it is required. The minutes of finding will be communicated in copy to the one against whom the finding was made, if it was not present. He will provide proof until proven otherwise. Article 240. -In case of distress in delay, the administration of the proof and the finding through the port will also be able to be made on holidays and even outside the legal hours, with the consent of the magistrate. Article 241. -The evidence administered in the above conditions provided for may also be used by the party who did not ask for their administration. The expenses made with the administration of the evidence will be held to the court that judges the case in substance + Section IV Suspension of judgment Art. 242. -The court will suspend judgment: 1) when both parties require it; 2 2) if none of the parties depict the outcry, the cause. However, the case is adjudicated whether the plaintiff or the defendant asked in writing for the trial in absentia. Art. 243. -The judgment of the pricins is suspended by law: 1 1) by the death of one of the parties outside of the case when the interested party demands the term for the legal introduction of heirs 2 2) by prohibition, placing under the cleanse or judicial council of a party, until the appointment of the tutor, curator or judicial council; 3 3) by the death of the trustee of one of the parties, incidentally less than 15 days before the day of the appearance; 4) by ceasing the duties of the tutor, curator or judicial council; 5 5) by declaring in the state of bankruptcy of one of the parties, when the bankrupt must be represented by the syndic judge. The facts shown above do not preclude the ruling, if they arose after the closing of the debauchery. Art. 244. -The court may suspend judgment: 1) when the unbundling of the matter hangs, in whole or in part by the existence or non-existence of a right which is the subject of another judgment; 2) when the indications of a crime arise, the finding of which would have a decisive inrauration on the decision to be given. The suspension will endure until the decision given in the case that motivated the suspension became irrevocable. Art. 245. -Judgment restarts: 1 1) by the request for reopening made by one of the parties, when it was suspended by invoking the parties or by their lack; 2) by the request for reopening, made with the showing of the heirs, the tutor, the judicial council, the one represented by the dead trustee, the new trustee or the trade union, in the cases provided by art. 243. + Section V Waiver of judgment and waiver of law Art. 246. -The plaintiff may waive any judgment, either verbally at the hearing or by written request. The waiver of judgment is found by concluding the date without right of appeal. If the waiver was made after the communication of the request for appeal, the court at the request of the defendant, will oblige the plaintiff to expenses. When the parties have entered into the undoing of the fund, the renunciation can only be done with the other party's Art. 247. -In case of waiver of the alleged right itself, the court gives a decision rejecting the application in substance and will decide on the expenses. The waiver of the right can also be done without invoking the other party, both in the first instance and on appeal. The waiver can be made at the meeting or by authentic inscription The decision is given without right of appeal. When the waiver is made in the appellate court, the decision of the first court will be annulled in all or part of the waiver. + Section VI Perimeters Art. 248. -Any request for a summons, appeal, appeal, appeal, review and any other request for recasting or revocation and the perimatation of law, even against the incapacitated if it remained in the non-working of the party's fault for one year. The party shall not count on the blame, when the procedural document was to be carried out ex officio. The term of the perimeters does not flow as long as, without the fault of the party, the request has not yet reached the competent court to judge it or cannot be ordered the court term. In commercial matters the term of the perimeters is six months. Article 249. -The perimation is interrupted by the performance of an act of procedure made in order to judge the cause. Article 250. -The course of the perimation is suspended for as long as it endures the suspension of the court's judgment in the cases provided by 244. In the cases provided by art. 243, the course of the perimation is suspended for 3 months from the date when the facts that occasioned the suspension of the judgment occurred, if these facts were finally spent 6 months of the term of perimation. The perimation is also suspended during the time the party is prevented from arousing in judgment because of circumstances above its will. Article 251. -If there are several plaintiffs or defendants together, the request for the perimation or the act of procedure interrupted by the perimation of one uses the others. Article 252. -The perimation shall be found ex officio or at the request of The president of the court will urgently cite the parties and will order the Registry to draw up a report on the procedural documents in relation to the perimation. The decision is subject to appeal; the term flows from the pronouncement. Art. 253. -Perimation can also be invoked by way of exception. In this case the decision that pronounces the perimation is subject to appeal, and the conclusion of rejection can be appealed only with the background of the cause. The perimation of the call for appeal cannot be raised in the appellate court. Art. 254. -The perimation has as a result that all procedural documents made in that court do not produce their effects. When, however, a new request for appeal is made, the parties may use the evidence administered during the trial of the outdated application, in so far as the new court reckons that it is not necessary to restore them. + Chapter IV Decisions + Section I General provisions Art. 255. -The decisions by which the courts put an end to the cases are called to the court, books, to court sentences, and to the Court and the Court of Cassation, decisions. All other dispositions taken in the course of judgment are called terminations. Article 256. -After the end of the debauchery, the judges thoughtfully, either in the meeting or in the room of thoughtfulness. After the match, the president gathers the opinions of the judges, starting with the newest in operation or with the youngest of the popular asesories, he pronounces the latter. Art. 257. -If the legal majority cannot meet, the cause will be judged again in full of divergence on the same day or in no more than 5 days. At the substantive courts, opinions will have to be always motivated before the trial of divergence, except when judgment. is done on the very day when the divergence arose. The desks will be resumed on the points remaining in the divergence; if, after the judgment of the divergence, there will be more than two opinions, the judges whose opinions approach more, are obliged to unite in one opinion. Judges can return to their views, which have caused divergence. After judging the points remaining in the divergence, the panel that judged before her serve will be able to continue judging the cause. Provisions of paragraph 3 is applied by similarity and in cases in which the court panels are made up in number without a spouse. Art. 258. -After the majority has come together, it will be immediately drawn up, in short, the device of the decision, which is signed under the penalty of nullity, by judges and the Registrar, and which will also show the opinions of the remaining judges in the minority. He speaks of the president, at the meeting, even in the absence of the parties After the ruling no judge can return to his opinion. Art. 259. -The decisions given on appeal will be signed by all judges, without showing the opinion of the minority. Art. 260. -If the court cannot decide immediately, the ruling will be postponed for a term that the president will announce and which will not be possible for more than 7 days. The magistrate who took part in the judgment is competent to rule, even if he is no longer part of the composition of the court, except when he ceased to be a magistrate. The popular asesors whose functions have ceased, can rule within the term sororated by the law for pronouncement. Art. 261. -The decision is given on behalf of the law and will include: 1) showing the court that pronounced it and the names of the judges who took part in the judgment; 2) the names, domicile or residence of the parties, the quality in which they were judged; the names of the trustees or legal representatives and lawyers; 3) the object of the request and the support in the abbreviation of the parties with the 4) showing the conclusions of the Public Ministry; 5) the factual and legal reasons that formed the conviction of the court, as well as those for which the parties ' requests were removed; 6) the device; 7) the remedy and the term in which it may be exercised; 8) showing that the pronouncement was made in the meeting, as well as the signatures of the judges and the clerk. If, after the ruling, one of the judges is prevented from signing, the president of the court will do so about it. The opinion of the remaining minority judges will have to be motivated at the bottom of the decision. Art. 262. -In cases where judges can give time for the execution of the decision, they will do so, by the very decision that unties the cause, also showing the reasons why they approved the term. Art. 263. -The debtor will not be able to ask for a term, nor will he be able to enjoy the term given to him, if his goods are sold according to another creditor's request, whether he is bankrupt or insolvent in known deobste or if by his act he reduced the guarantees that he contractually gave to his creditor, or if he did not give the promised guarantees. Art. 264. -When the reasoning of the decision cannot be made until the date of delivery, it shall be made no later than 15 days from the pronouncement. If the court was made up of several magistrates, the president will be able to charge one of them with the drafting of the decision. The opinion of the remaining minority judges should be drawn up at the same time as the decision. Art. 265. -The additions, stersats or changes in the decision will have to be signed by the judge, under the punishment of not being taken into account. Art. 266. -The decision will be made in two original copies, one of which will be joined to the case file, and the other will be passed in a register or will serve to prepare a special file. For the judges, the first president of the tribunal will be able to approve, that in the place of the second copy of the court book, a register of her device, signed by the judge and the clerk who took part in the judgment, shall be entered. The decision will be communicated to the parties, in copy, if it is necessary for the flow of a term of exercise of an ordinary remedy. Art. 267. -After the judgment is delivered, the party may give up the court of appeal, making itself such a record, signed by the president and the Registrar. Waivers can also be done following, by the appearance of the party before the president or by authentic inscription. Art. 268. -The previews will be given with the same number of votes as the rulings. The judges are not bound by these terminations. They are bound by those terminations that, without deciding in everything, prepare its absolution. Any provision made by the court by conclusion shall be reasoned Art. 269. -The decisions will be invested with the enforceable formula, in the following image: " We, Presidium of the Romanian People's Republic: (Aci follows the decision). " We give power and command the administrative agents to execute this (decision); to the prosecutors to arouse for bringing it to fruition. To faith, the present decision was signed by ........ (follows the signature of the president and the clerk). " The decision invested will be given only to the party who won or her representative. + Section II Partial decisions Article 270. -If the defendant recognizes a part of the applicant's claims, the court, at his request, will give a partial decision in the measure of recognition. + Section III Decisions enshrining the parties ' agreement Art. 271. -The parties may appear at any time in the course of judgment, even without having been quoted, in order to ask for a decision to enshrine their agreement. If the parties appear at the day of the judgment, the request for the decision will be received, even by a single judge, and the decision will be given by the court at the hearing. If they present themselves in another day, the court will give the decision in the chamber of quibzation. Article 272. -The agreement will be presented in writing and will make up the device of the decision. At the rural courts the agreement can be presented and verbally; in this case, it will be passed in a minutes that will be concluded with the application, by similarity, of the provisions provided by art. 82, paragraph II, and which will be passed in the device of the decision that will be given. Art. 273. -The decision that enshrines the agreement of the parties is given without right of appeal. + Section IV Court costs Article 274. -The party that falls into the pretentious will be obliged, upon request, to pay the costs. Judges cannot decrease stamp expenses, procedure fees and proportional tax, payment of experts, compensation of witnesses, as well as any other expenses that the party, which has won, will prove that it has done. Judges, however, have the right to increase or decrease lawyers ' fees, according to those provided in the table of minimum fees, whenever they will find motivated that they are inappropriate small or large, compared to the value of the price or work Granted by counsel Article 275. -The defendant, who admitted, on the first day of appearance, the claims of the plaintiff, will not be able to be ordered to pay the costs, except if he was put into delay before the appeal. Art. 276. -When the claims of each party have been approved only in part, the court will appreciate to what extent each of them can be ordered to pay the costs, and can make their compensation. Article 277. -If there are several plaintiffs or several defendants, they will be obliged to pay the costs equally, proportionally or jointly, according to the interest that each has or according to the law of the law report between them. + Section V Everlasting execution Art. 278. -The decisions of the first court are enforceable when they have as their object: 1) payment of salaries; 2) compensation for accidents at work; 3) annuities or food pensions; 4) speedy repairs; 5) putting or raising the seals or making the inventory; 6 6) reasons regarding possession, only in terms of possession; 7) in the case provided by art. 270 270; 8 8) in any other cases where the law provides that the decision is enforceable. Article 279. -The court may approve the temporary execution of the decisions concerning the goods oridecateors will find it appropriate that the measure is to be faced with the manifest merits of the right, with the state of insolvency of the debtor or that there is distress manifest in delay; in this case the court will be able to compel a bail. The execution of any time cannot be agreed: 1 1) in matters of resettlement or abolition of construction; 2) when a right or his deregistration from the land book is ordered by the decision. The request for temporary execution will also be able to be verbally in court until the closing of the debauchery. If the application was rejected by the first instance, it can be made again on appeal. Article 280. -The application for the suspension of the temporary execution will be possible to be made either with the call or particularly throughout the appeal court. The application will be submitted to the first instance or to the appellate court, in which case it will join in certified copy the device of the decision. The request for suspension will be judged by the appeal court. The suspension will be able to be approved with or without bail. Until the suspension of the request for suspension, the suspension will be able to be approved by the presidential order, even before the arrival of the case. + Section VI Correction of decisions Article 281. -The mistakes on the name, quality and endorsements of the parties or those of reckoning, as well as any other material mistakes strained in the decision, may be directed, ex officio or following a simple request. The court can subpoena the parties, when it finds fit for some clarification. The correction will be made in both copies of the decision. The term of appeal against the conclusion of the date on, the correction shall be from the ruling, if the parties have been quoted. The above provisions shall be applied, by similarity and mistakes in the end of a conclusion. + Title IV Ordinary remedies + Chapter I Call + Section I Term and forms of appeal Art. 282. -The court books are subject to appeal to the court, and the sentences given in the first instance, to the appeal to the Court. No appeal can be appealed against the foregone than with the fund. The appeal made against the decision is also counted against the foregoing. Art. 283. -The part, which gave thanks in writing about a decision or executed it willingly, no longer has the right to appeal. The party that executed the decision will have the right to appeal for the other ends of the decision-making device. Article 284. -The term of appeal is 15 days from communication, if the law does not have otherwise. The term of appeal flows even if the communication of the decision was made with the summons of execution. If a party appeals before the communication of the decision, it shall be deemed communicated on the date of submission of the call for appeal. Article 285. -The term of appeal is interrupted by the death of the party who has interest in appealing. In this case, a single communication of the decision is made again, at the latter's home, on the name of the inheritance, without showing the name and quality of each heir. The term of appeal will begin to run again from the date of this communication. 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 tutor, curator, judicial council or provisional administrator will be appointed. The appeal does not constitute by itself an act of receiving 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) showing the decision that is being attacked; 3) the factual and legal grounds on which the appeal is based, unless the judgment under appeal was given on the basis of a lack of questioning; 4) the evidence on which the appeal rests; 5 5) signature. The requirements of paragraphs 2 and 5 are provided for under the penalty of nullity and those of paragraphs 3 and 4, under the penalty of forfeiture These requirements can be fulfilled until, at the latest on the eve of the day of appearance, and the lack of signature, in the conditions provided by art. 133 133 al. II. When the proposed evidence is witnesses or unburned documents at the first instance, the provisions of art. 112. Art. 288. -At the call request they will join as many children as they are. The appeal shall be filed with the court whose decision shall be appealed under the penalty of invalidity. The president will submit the file to the appellate court together with the calls made only after the deadline for appeal for all However, the appeal will be sent immediately if it has been applied for the suspension of the decision of the first instance. Calls made against the same decisions will be assigned to a single section. Article 289. -The president of the appellate court, as soon as he receives the file, will assay the term of appearance, according to the provisions of 114 and order you to subpoena the parties At the same time, it will order to communicate to the intimate, with the subpoena, a copy of the call request, along with the certified copies on the adjoining documents and which were not depicted at the first instance, putting them in mind to file with the File welcome according to the provisions provided by art. 114. If there are more intimates, the provisions of art. 113 will apply by likeness. Article 290. -When the calls made against the same decisions were assigned to special sections, the president of the section invested behind will order, on request, 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 welcome. In the above case shown, if the intimate is missing, the court will order the communication in order to submit the welcome. Art. 292. -The parties will not be able to use before the court of appeal for other reasons, means of defense and evidence than those invoked at the first instance or shown in the request for appeal and in welcome, except the case provided for in art. 138. Article 293. -The intimate is in law, even after the fulfillment of the appeal deadline, to appropriate the request for appeal made by the opposing party, by an own request, which would tend to reform the decision of the first court. The appropriation of the call for appeal shall be met or on the first day of appearance in the forms provided for the appeal. The appropriation of the call for appeal is not received when it has appealed only for costs. The acquisition of the call will be rejected when the call was withdrawn at the latest on the first day of appearance or when it was rejected for reasons that do not attract the research of the fund. This provision does not apply if the appropriation of the call was made within the appeal period. + Section II Judging the call Article 294. -The appeal cannot change the quality of the parties concerned or the object of the call for appeal, nor can other new requests be made. The exceptions of the procedure and the means of defence are not counted. However, interest, rates, income, term and any other compensation arising after the decision of the first court will be required. It will also be possible to propose the legal compensation. Art. 295. -The evidence administered at the first instance can be restored in appeal, if the court finds them wrong or inindestulating. Article 296. -The appellate court may keep or change in whole or in part the judgment under appeal. Article 297. -When the appeal is made against the decision by which the court first declared itself repurposed, if the appellate court finds the right appeal, it will change the contested decision and, declaring itself competent, will judge the case in substance. If, however, the first court will have declared jurisdiction, and the appellate court will find that it was non-competitive, changing the contested decision, the competent court will show, to which it will send its cause for research. Art. 298. -The provisions of the procedure provided for the first instance shall also apply in the appellate court, as they are not averse to those contained in this chapter. + Chapter II Appeal + Section I Term and forms of appeal Article 299. -The court books, sentences and decisions of the Courts given in the last instance, as well as the decisions given in the last instance by the jurisdictions regulated by special laws are, subject to appeal. Art. 300. -The appeal suspends the execution only in the cases regarding the displacement of borders and the abolition of constructions, as well as in the specific cases provided by law. The party that appealed may ask the court for the substance to suspend the execution: 1) if the decision appealed with appeal obliges the payment of a sum of money; the suspension will be approved as soon as the amount due with interest and costs has been entirely filed to guarantee the payment; 2) If the decision has been given otherwise by the pricini, the suspension will be allowed only with the giving of a bail, which will be extinguished after hearing the parties called to the match room. If the appeal is rejected, in the case referred to in paragraph 1, the amount shall be released to the creditor upon request; and in the case referred to in point 2, the bail shall be free to the depositor, only if within one month from the rejection of the appeal the part in law is not he made a claim. If the appeal is upheld. the court orders the immediate release of the amount deposited, on the basis of a certified copy of the operative part of the appeal court. Article 301. -The term of appeal is 15 days from communication, even if by special laws it would be ordered: otherwise. Article 302. -The appeal is filed with the court whose decision is attacked, under the penalty of nullity. Article 303. -The appeal will be motivated by the appeal itself, or within the appeal period. The time limit for the submission of reasons shall be deemed from the communication of the decision, even if the appeal has been made before. The motivation of the appeal will include showing the reasons for scrapping and their development in part. In the appeals that are tried at the Court of Cassation will be submitted a copy more from the reasons for scrapping for the Public Ministry in the cases in which it is called, according to the law, to put conclusions. 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. Within 15 days from the communication of the reasoned appeal, the intimate will submit to the court where the appeal was filed. After the above deadline, the court will submit to the court of appeal the case together with the evidence of communication of the contested decision, or with the showing of the reason for its non-communication. Article 304. -The casing of a decision may be required: 1 1) when the court was not made up according to the legal provisions; 2) when the decision was given by judges other than those who took part in the uncovering in substance of the cause; 3) when the court has exceeded its jurisdiction; 4) when the court has exceeded the power that is given by law; 5) when the judgment was followed with the ironing of the forms of procedure that attracts the punishment of nullity in the conditions of 105 105 al. II, outside only if there is a need for a verification of the factual circumstances outside the file 6) when the decision does not include the reasons on which it is supported or when it includes foreign reasons for the nature of the cause; 7) when the pronounced decision is free of legal basis; 8) when the judgment did not rule on a means of defense or on an evidence administered, which were decisive for the unbundling, the cause; 9) when by the judgment the date was ironed or misapplied the law; 10) when the decision contains a serious mistake in fact; 11) when the court, under the word of interpretation, changed the nature of the convention of the parties, or changed its clear and manifestly unquestionable meaning. Article 305. -The request for appeal will not be received, based on reasons that have not been proposed before the substantive judgment, unless these reasons concern the public order. Article 306. -The appeal is void if it was not motivated within the legal deadline. The reasons for public order can also be invoked ex officio by the court of appeal, which, however, is obliged to put them into displacing the parties. The wrong aration of the grounds of appeal does not attract the nullity of the appeal if the development of the reasons gives the possibility of their entry into one of the reasons provided by art. 304. Article 307. -The trainee lawyers cannot draw up the reasons for scrapping or plead before the courts of appeal. Art. 308. -The term of trial will be ordered only after the decision appealed with appeal has been communicated. The president, sororying the term of judgment, may designate a judge for drawing up a report on the appeal. At the Court of Cassation, the report is mandatory and will be drawn up by an adviser or an assistant magistrate. The report will briefly include the appearance of the object of the call for appeal, the unbundling of the date of the last resort and the facts found by it, in so far as it is necessary to untie the appeal. The magistrate, without showing his opinion, will give deslusiri in the account of: 1 1) on the form requirements; 2 2) on the grounds on which the contested decision rests and whether the unbundling given by decision matches the jurisprudence of the Court of Cassation, or with the doctrine. The report shall be submitted at least 5 days before the day of the appearance. + Section II Judgment of appeal and effects of scrapping Art. 309. -The President will give the floor to the parties after the reading of the The public ministry speaks the latter, except when it is the main 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 scrapped decision has no power. Acts of execution or insurance made in the power of such a decision shall be abolished by law. Art. 312. -The Court of Cassation will order, if it scraps, that the same courts be sent to be tried again by other judges. When the interests of a good judge demand it, the cause can be sent to the judgment of another court of the same degree If the court whose decision was scrapped has ceased to have a legal being, the case will be sent to a court of the same degree, and in absentia, with similar degree. Article 313. -The Court of Cassation will decide on the substance of the case: 1 1) whenever it is appropriate to make a simple application of the law to fully established circumstances, such as the case of the working power judged or the prescription, or the like; 2) when he scrapes a decision that approved an appeal not accepted by law or made over the legal term; 3 3) when it cancels a decision against irrevocable decision; 4 4) whenever the law provides for it. In these cases, the execution of the decision of the Court of Cassation will be made by the first court of the fund, at the request of the party and by the intercession Article 314. -The court and the tribunal, in case of scrapping, will judge the case in substance. However, when the decision was scrapped on the grounds of lack of competence, the court of appeal will refer the matter to the competent court. After the marriage, the court holds the case in the first or last instance, according to the rules of its jurisdiction Article 315. -In the case of scrapping, the decisions of the court of appeal on unbound points of law are mandatory for the judges of the fund In case of scrapping for non-compliance with procedural forms, the judgment will restart from the annulment After the scrapping, the court of first instance will judge again, taking into account all the pleas raised before the court whose decision was scrapped. Article 316. -The provisions of the procedure laid down for appeal shall, by way of similarity, also be applied to the appeal, in so far as they are not contrary to those contained in that chapter. + Title V Extraordinary remedies + Chapter I Appeal for annulment Article 317. -Irrevocable decisions can be appealed with the contenstation for annulment, for the reasons below shown, only if these reasons could not be invoked on the ordinary remedies: 1) when the procedure of calling the party, for the day when the case was judged, was not fulfilled according to the requirements of the law; 2) when the decision was given by judges with the ironing of public order provisions regarding the jurisdiction. However, the appeal may be received for the more suppressed reasons, if these grounds were invoked by the appeal application, but the court rejected them because they needed fact checks or if the appeal was rejected. without him being judged on the merits. Article 318. -The decisions of the courts of appeal can still be appealed with appeal, when the date of unbundling is the result of a material mistake or when the court, rejecting its appeal by admitting it only in part, inadvertently failed to investigate any of the reasons Scrapping. Article 319. -The appeal is brought to the court whose decision is appealed. It can be done before the start of execution and in all its time; until the end of the latter act of execution, Art. 320. -The appeal is adjudicated urgently and in particular. Meeting is not mandatory. The date, in the appeal, is subject to the same remedies as the judgment under appeal. Article 321. -A new challenge cannot be made for reasons that existed on the date of the first. + Chapter II Review of judgments Article 322. -The review of a final decision completed in the appellate court or by non-appeal, as well as a decision given by a court of appeal when it evokes the substance, may be required in the following cases: 1. if the device of the decision contains the appropriate provisions which cannot be fulfilled; 2. if he had pronounced himself on things that were not required or did not pronounce on an required thing. or he gave himself more than he asked for; 3. if the object of the cause is not in being; 4. if a judge, witness or expert, who took part in the judgment, was irrevocably convicted of an offence relating to the case or if the decision was given under a declared false inscription in the course or following the judgment, or if the party that swore was irrevocably convicted of forgery; 5. if, after the giving of the decision, there were discovered evidence documents, retained by the opposing party or which could not be presented from a circumstance above the will of the parties, or if the decision of a criminal court was revised or the administrative authority which she was founded; 6. if the State or other legal persons of public law or of public utility, disappearances, incapacitated or those put under the cleanse or judicial council, were not defended by the place or were defile defended by those assigned to defend them; 7. if there are perfect matches, data of courts of the same degree or of special degrees, in one and the same cause, between the same persons, having the same quality. These provisions shall also apply if the adverse decisions are given by the courts of appeal. If one of the courts is the Court of Cassation, the request for review will be adjudicated by this court; 8. if the party was prevented from appearing in court and notifying the court about it, in a circumstance above its will. Article 323. -The review request goes to the court that gave the final decision completed and whose review is required. In case of art. 322 322 section 7, the request for review will proceed to higher court in the degree to the court or the courts that have rendered the opposing rulings. When the two courts, which gave the opposing decisions, are part of the special constituencies, the higher court in the degree to which the request for revision is to be directed, will be that of the court that gave the first decision. Article 324. -The term of review shall be one month and shall be counted: 1. in the cases provided by art. 322 322 section 1 1, 2 and 7, al. I, from the communication of the perfect decisions, and when the decisions were given by the courts of appeal after the evocation of the fund, from the ruling; for the decisions provided in paragraph 7, al. II, from the last decision; 2. in the case provided by art. 322 322 section 3 3, from the latter act of execution; 3. in the case provided by art. 322 322 section 4, from the day on which the party became aware of the decision of the criminal court to convict the judge, the witness, the expert, or the party who swore or the decision that declared the falsehood of the documents; 4. in the cases provided by art. 322 paragraph 5, from the day on which the document was found; 5. in the cases provided by art. 322 322, point 6, from the communication of the perfect decision made to the State or to the other persons of public law or public utility, or from the return of the disappearance or from the acquisition of capacity; in these latter two cases the term being 6 months. In case of art. 322 322 section 8 the review period shall be 15 days and shall be counted from the cessation of prevention. Article 325. -The court may suspend the execution of the decision the review of which is required, under the condition of giving a bail. Article 326. -The application for review shall be judged according to the provisions laid down for the application for appeal. Meeting is not mandatory. Article 327. -If the court approves the request for revision, it will change, in whole or in part, the contested decision, and in the case of perfect decisions against the contrary, it will cancel the latter decision. It shall be made subject to the decision given in the review, down to the original of the revised decision. Article 328. -The decision on the revision is subject to the remedies provided by law for the revised decision. If the review was required for adverse rulings, the appeal is the appeal. + Chapter III Special appeals Article 329. -The Public Ministry of the Court of Cassation, directly or at the request of the Minister of Justice, may appeal with appeal in the interest of the law, before the Court of Cassation, in united sections, for violation of the law: 1. the conclusion or the perfect decisions given with appeal, at the Court of Cassation; this appeal is not hindered by the appeal made by the parties for a special reason; 2. the decisions that were given with the right of appeal to other courts and remained irrevocable. The scrapping will be done in the interest of only the law and the unbundling of the given points of law is mandatory for the courts. The decisions of the Court of Cassation will be brought to the attention of the courts by the Article 330. -The Minister of Justice, directly or through the intercession of the Prosecutor General of the Court of Cassation, may appeal with appeal for annulment before this court, the decisions or acts by which the judges have exceeded the power given to them by law or have committed crimes on the occasion of the research of pricins. In the latter case, after the annulment, the Court of Cassation will immediately meet in the Court of Justice for the trial of the guilty. + Title VI Various procedures + Chapter I Presidential orders Article 331. -The judge of the court, the president of the tribunal, the president of the Court or their substitutes will be able to order any measures, in a hurry, to preserve a right that would be damaged by delay, to prevent a damage impending and which could not be repaired, as well as for the removal of the skins that would arise on the occasion of an execution. The ordinance will be able to be given without citing the parties. The aid of the judge and the alternate cannot pronounce such an ordinance. The president or the judge does not have the fall to make such consent, when the very court of which he is a member would not be competent. The ordinance can be given even when there is judgment on the right fund. The ordinance is temporary and enforceable. The president or judge will be able to decide that execution should be done without notice or without the passage of any term. Article 332. -The ordinance is subject to the appeal within 5 days of the pronouncement, if it was given with the summoning of the parts, and from the communication, if it was given without their citation. The orders given by the judge are subject to appeal in court. The orders given by the President of the Court or of the Court shall be subject to appeal to the Court or to the Court The appellate court may suspend the execution until the appeal is adjudicate, under the condition of giving a bail. The term of appeal will be 5 days from the pronouncement, for those present, and from communication, for the missing. Enforcement cannot be suspended on the basis of the appeal. The appeal and appeal are adjudicated urgently and especially in the match room, with the citation of the parties. Against the execution of the presidential orders, the appeal can be appealed. + Chapter II Partition Article 333. -The request for separation is the jurisdiction of the court in the constituency of which the common home of the spouses is located. If the spouses did not have the common domicile or if none of the spouses live in the district of the court where the latter is the common domicile, the competent court is that in the constituency to which the defendant is domiciled, and when the defendant has no domicile in the country, is the jurisdiction of the court in the constituency of which the applicant is domiciled Article 334. -The parable husband may also make a request for separation, at the latest until the first day of appearance, in public session, for the acts that occurred before this date. For the facts spent after this date, the defendant will be able to apply until the debauchery begins on the fund, in the applicant's request. The defendant's request will be made at the same court and will be adjudicated with the complainant's request. Article 335. -If the reasons for the separation arose after the beginning of the debauchery at the first instance and while the judgment of the first request is on appeal, the request of the defendant will be made directly to the section of the court vested with the trial of the appeal. Article 336. -The non-introduction of the application within the deadlines shown in the above articles attracts the decay for the parit spouse from the right to ask for the separation, except when the applicant's request was rejected and the reasons for the separation arose behind. Article 337. -The request for alimony will be made at the court vested with the request for separation, even if changes have arisen regarding the domicile of the parties. Article 338. -The request for separation will include those provided by law for the application for appeal, the names of minor children born of marriage or who enjoy the legal state of legitimate children to both spouses, as well as children. recognized by them. If they are not minor children, it will be done showing about it. Upon request, a marriage extract and a birth extract of minor children will be joined. The defendant is not wanted to meet. The interrogator and the oath cannot be required to prove the reasons for separation. Article 339. -The judge will be able to take, on request, even before the first day of appearance, temporary measures during the judgment, by way of injunction, with regard to the special residence of the spouses, to the custody of the minor children and to the pension Food. Article 340. -Before the substantive courts, the parties will appear in person, outside only if one of the spouses executes a custodial sentence, is prevented by a serious illness, is placed under prohibition or has residence abroad; in these cases, the parties will be able to appear through the trustee. Article 341. -The judge shall subpoena the parts in the chamber of quibzation, and on the day of the appearance he shall give the husbands the counsel that shall find fit, trying to reconcile them. If the plaintiff is missing, the trial adjour If the reconciliation does not arise or if the defendant does not appear and the plaintiff arouses in judgment, the judge will assay the court term in the hearing. Article 342. -If only the defendant is presented at the time of time for judgment, the application will be rejected as unsupported. The plaintiff's appeal against the judgment book rejecting the application, will also be dismissed as unsupported, if only the intimate is present at trial. The defendant's appeal will be judged even if only the plaintiff appears. Article 343. --The court can pronounce the partition. against both spouses, even when only one of them made an application, if from the evidence administered it appears the fault of both. Article 344. -The plaintiff may waive the application throughout the judgment before the substantive courts, even if the defendant resists. The claimant's waiver has no bearing on the request made by the defendant. The request for separation will be extinguished by the reconciliation of the spouses. The plaintiff, however, will be able to start a new request for facts spent after reconciliation, and in this case he will also be able to use the old facts. Article 345. --The appeal suspends enforcement. The date of separation shall not be subject to review. + Chapter III Applications for possession Article 346. -Applications for possession will be admitted only if: 1. It has not passed a year from turburies or dispossession; 2. The plaintiff proves that, prior to this date, he possessed at least one year; 3. His session meets the conditions required by art. 1846 and 1847 of the civil code. In the event that the dispossession or the recourse has been made through violence, the applicant shall be exempt from making the proof required in paragraphs 2 and 3 of this Article. The owners ' requests are adjudicated urgently and in particular. Meeting is not mandatory. Art. 347. -Such requests can also be made for the protection of continuous and apparent servitude. Article 348. -The requests of the owners may be made, and by the one who holds the work in his own interest, under a contract concluded with the owner, outside only if the turreator is the one for whom he owns. + Chapter IV Restoration of missing documents and decisions Article 349. -The files or documents regarding an ongoing case, disappeared in any way, can be restored by the court itself vested with the trial of the case. Towards this end, the court will set time, even ex officio, citing the parties, witnesses and experts; it will ask children from the documents sent to them by the authorities and which the parties used, or from the documents submitted by the parties, featuring At the same time, all the data regarding the documents related to the documents that are being redone The certified copies on the missing documents that are in the possession of the parties, or other persons or authorities can use when restoring the file. The end of the recovery will only be able to attack with the fund. The documents thus remade hold the place of the originals, until they are found. Article 350. -If the missing file or documents concerned a case in which a decision had been made by the first instance and against which appeal had been made, this decision would be restored after, the second copy of the decision retained by the first instance; and if that copy had also disappeared, they will be able to use the legalized copies of the decision, which were entrusted to the parties or other persons. Towards this end, the court will order, ex officio, publications in the Official Gazette and in a more widespread newspaper, with the showing that any owner of a copy of the decision, to file it at the court Registry that ordered the publication. If the decision cannot be restored on the way shown above, or if the parties deny the being or the contents of the documents on which the decision was based, it will be taken to restore them by the appellate court, according to the provisions shown in Article above. If even on this path the file cannot be restored, the court of appeal again judges the case in substance. Article 351. -If the missing file or documents concerned a case in which a final decision had been pronounced, that decision. will be restored by the court, after, the procedure provided by art. 349 349 and 350. + Book III General provisions on non-contentious procedures Art. 352. -Applications for the unbundling of which the court is needed without however to pursue the establishment of an adverse right to another person, such as those regarding the giving of judicial authorizations, or to the taking of measures Legal supervision, protection or insurance, are subject to the provisions of the procedure below shown. Article 353. -Non-contentious applications that are in connection with a work or a pending case at a court or which it has opened, or whether they have as their object the issuance of documents, titles or values in the warehouse of a court, will be directed to that court. Article 354. -The application will include the name and domicile of the person who makes it and of the persons he asks to be called before the court, as well as the short showing of the object, the motivation of the request and the signature. She will be accompanied by the documents she supports. Article 355. -The court checks its jurisdiction ex officio, and can ask for the necessary clarifications. If the court declares itself, non-competitive, it will send the file to the court in law to decide. Art. 356. -If the application, by its very contents or by the objections raised by the persons cited or intervening, is contentious, the court will reject it. Article 357. -The conclusion by which the application is approved is enforceable. She's under the call. The term of appeal will flow from the pronouncement, for those who were present, and from communication, for those who were absent. The appeal can be made by any interested person, even if it has not been cited at the debinding of the request. The call is made in a single copy, unaccompanied by children. Enforcement may be suspended by the appellate court with or without bail. The appeal and appeal are adjudicated in the quibzation chamber. Art. 358. -The terminations do not have the power of work judged. Article 359. -The procedure provided for in the above articles is completed with the provisions of the contentious procedure, insofar as they are not averse to the non-contentious nature of the application. The non-contentious subjects with regard to which the law provides for a special procedure remain subject to special provisions, which will be whole with those provided for in the present book. Art. 360. -The non-contentious procedure also applies in cases where the law gives in the fall of the president of the court the taking of measures of a non-legal nature In such cases, the President shall be held to give the conclusion no later than 3 days after receipt of the request. The appeal against the conclusion given by the judge of the court shall be adjudicated by the court, and the appeal against the conclusion given by the president of the court or the Court shall be + Article 2 Articles of Book VII of the Code of Civil Procedure shall be replaced by the following provisions: "" CART VII Final provisions Article 729. -The provisions of the present code make up the common law procedure in civil and commercial matters; they also apply in the subjects provided by other laws to the extent that they do not contain adverse provisions. Article 730. -The party will pay a single fee of procedure, for all procedural acts of the case, as: citations, depositions of witnesses, expertise, intreroers, oath and communications of procedural documents. The procedure fee will be, at the first instance, equal to twice the proportional tax to which the application is subject. For applications subject only to the payment of stamp duty, the procedure fee will be twice the fee to which the application is subject. In the case of an appeal, the more suppressed charges shall be reduced by half. The procedural fees will be filed with the application, appeal or appeal, in the following way: 10 percent in cash at the courts, as an emergency fee, 20 percent in judicial stamps, 5 percent in I.O.V.R. stamps, and the rest in sheets and tax stamps. In the non-contentious matter, the procedure fee is not due. For the current reasons the parties may benefit from the above provisions if they pay on the first day of appearance, after the publication of this law, the procedure fee for that court. Article 731. -The procedural rights must be exercised in good faith and according to the purpose for which they have been recognized by the law. The party that uses these rights abusively responds to the damage caused, Article 732. -The lawsuits pending on the date of implementation of this law will continue to be adjudicated by the courts vested. It also remains in the jurisdiction of the courts the requests that were made before the publication of the present law, on the basis of the provisions set out in the V and VI books of the civil procedure code. If the court is abolished, the files will be sent ex officio to the competent court according to the present law. The decisions rendered before the implementation of the present law, remain subject to the remedies and deadlines provided for by the law under which they were pronounced. Article 733. -The procedural documents fulfilled before the implementation of this law remain valid. Article 734. -The provisions regarding the perimeters shall enter into force after 6 months from the implementation of this Law. Article 735. -The laws refer to the provisions repealed under this law, the reference shall be made to the corresponding provisions of the present law. Article 736. -The registration in the civil status register of the separation decision, given before the implementation of the present law and which remains irrevocable is subject to the legal provisions in force at the date of its pronouncement, provisions that will decide alike and the effects of parting, on the rights of the convicted children and husband. Article 737. -The separated husband will not be able to oppose to other persons the termination of the matrimonial regime when he was not made mention of the separation decision in the civil status register, except when they were aware of the separation. Article 738. -The documents authenticated by the judges, which, according to the laws, are subject to the formality of the transcript or the inscription, will be submitted urgently by the court of the respective court, in order to be transcribed or entered in the court books. After the transcript or enrolment, the courthouse will return them to the court to hand the parties into law. Article 739. -The administration of the tuteles is the competence of the courts Article 740. -The amounts settled by judges with the title of bail, expert fee or other such can also be submitted to that perception. Article 741. -The fines handed down under the order of the present code will be executed according to the provisions of the Fiscal Procedure Code. Article 742. -Provisions of Law no. 609 of July 1, 1941, for exceptional measures during the time the army is in a state of war, remains in force. Article 743. -Law No. 389 of June 22, 1943, for the extension of the civil and commercial legislation of the Old Kingdom in Romania from over the Carpathians remains in force. Appeals in the field of land books, insurance and enforcement measures on the nemissants or their use shall be the jurisdiction of the Courts. " + Article 3 The application of the provisions provided for in books V and VI of the civil procedure code passes in the jurisdiction of the courts, apart from the provisions below shown, which remain in the jurisdiction of the courts: 1. Enforcement of the unmoving goods and the sale of these goods by auction; 2. The insurance measures on the non-moving goods taken during the forced execution; 3. Separation of assets between spouses; 4. Prohibition; 5. The assignment of goods; 6. Matrimonial conventions; 7. Transcription of acts of displacement and tracking of properties and inscription of privileges, mortgages and pawnshops. In matters passed in the jurisdiction of the courts by this law, the provisions regarding the court will be counted as referring to the judges. + Article 4 After art. 364 of the book V of the Code of Civil Procedure, the following provision is inserted, which will make up a special article: "The appeals against the consummate decisions given by the arbitrators after the law, as well as those against the judicial decisions that have intervened in the matter of arbitral judgment, shall be adjudicated by the Court of Cassation." + Article 5 Provisions of art. 372, 375, 389, 451 and 558 of book V and VI of the civil procedure code, shall be amended as follows: Article 372 will read as follows: " The decisions will be executed by means of the first court. The request for execution will be made at the court that handed down the last decision on the fund and which will send the title for execution to the first instance. Execution is fulfilled through the body of the porter. It can still be done in urban communes through police commissaries, and in rural ones, through the judge, his help or pretor. " Article 375, the last paragraph, shall read as follows: "If neither party is domiciled in the country, the executor title will be able to be approved by the Bucharest City Court." Art. 389 will read as follows: " If the creditor has allowed to pass 6 months from the date of fulfilment of which act of execution, without having followed other acts of prosecution, the execution shall be perishable by law and any interested party may ask for its abolition. In case of suspension of execution, the term of perimation flows from the cessation of suspension If a new enforcement request is made, a new injunction will be made first, to which the title to be executed will no longer be joined. " Article 451 shall read as follows: " The amounts made from the pursuit of the goods of the debtor by the sale of moving or unmoving goods, attachment and pursuit of income will be distributed among creditors, by the court that committed the pursuit, with the citation of the parties in the chamber of Thoughtfully. " Article 558 shall read as follows: " Immediately after the end of the adjudication and the price deposit, according to art. 544 or 545 of this code, the tribunal will give the adjudicator the order to adjudicate the nemiscator. The ordinance will include, in short, the perfect adjudication journal, the individualization, the adjudicated nemiscator, the name of the former owner and the adjudicator and the showing of the payment of the price entirely of the port, stamp and tax proportionally. The panel of the tribunal will sign both the original of the order that will be handed over to the parties and that which will remain on file. This ordinance will be transcribed in the court's records of mutation, which committed the prosecution and the court of the settlement of the nemiscator. Appeal against the order of adjudication is the jurisdiction of that Court. ' + Article 6 The date of application of this Law shall be repealed: 1. Law for the Court of Cassation and Justice; 2. Law of Ocoals; 3. Law No. 394 of 23 June 1943 , for the acceleration of judgments in civil and commercial matters; 4. Law No. 661 of 4 Octomvrie 1943 , for the regulation of the tax regime of legal actions; 5. Articles 234, 241, 242, 246-248, 251-276 and 285 of the civil code; 6. Articles 452-454, 578-583 and 722 item 7 7, of the civil procedure code. + Article 7 The Ministry of Justice is authorized to republish the full text of the Code of Civil Procedure with all the amendments and completions, giving a new numbering to the articles and shimband even in the unmodified texts, references to other articles or to any provision in accordance with the new numbering and division of the Code. The provisions of law No. 817 of 18 Noemvrie 1939 will be applicable with regard to the editing and sale of the Code of Civil Procedure. + Article 8 This Law shall enter into force on 1 March 1948. Voted by the Assembly of Deputies at its meeting on 5 February 1948. ------------------
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