Law No. 18 of 12 February 1948 for the modification of the code of civil procedure, the PARLIAMENT published in ISSUING the OFFICIAL GAZETTE nr. 35 of 12 February 1948 Article 1: Books I, II and III of the code of civil procedure shall be replaced by the following dispoziţiuni: book I, title I, Competinţa Competinţa judicial bodies after matters Art. 1.-the competent Courts are to decide on all requests that the law does not give them in other courts.
Art. 2.-the competent Courts are to have jurisdiction in the first instance court, claims: 1) in commercial matters;
2) in terms of interdictiune and Judicial Council;
3) in matters of matrimonial convenţiuni;
4) on transcription of resettlement and nemişcătoarelor tracking and the inscription amanetelor, privileges and mortgages.
They judge the calls made against the judgment, as well as appeals against the same books, when they were given, according to law, without appeal.
Tribunals judging as well, and in the subjects which law they give in their downfall.
Art. 3.-judge Courts: 1) calls made against sentences given by the courts in the first instance court;
2) appeals made against decisions given by the courts as courts of appeal or the Court, without appeal, and appeals against rulings given by the jurisdictiunile set up by special laws, whether they or the law does not require the presence of the other courts of appeal.
Courts judge, and also in the subjects which law they give in their downfall.
Art. 4.-the Court of Cassation judge: 1) appeals made against deciziunilor attributes given by Court;
2) appeals against decisions of the judicial acts and nedesavarsite of any kind, whether they could not be attacked on the way and no other ordinary course would find worldwide judgment was discontinued;
3. in the matters that the law give them the fall Court of Cassation.
Title II territorial Competinţa Art. 5.-the application is made to the Court for the place paritului.
If paritul is domiciled abroad or home application is made known at the Court of his residence in the country and if it has no known residence, domicile or residence at the Court of the plaintiff.
Art. 6.-When paritul, apart from his domicile or, once steadfast a chip, or one or more agricultural settlements, commercial or industrial application may be made and the Court of the place of those settlements or employments, for property and bonds which are born or to run in that place. 7.-application against a legal person in private law shall make to the Court her main headquarters.
The request can be made and the Court of the place where the representative has take, for the bonds to be executed in that place or which isvorasc from acts made by representative or acts committed by him.
The request against a asociaţiuni or companies without legal personality, to make the Court of the domicile of the person to whom, according to the understanding between partners, was entrusted with the chairmanship or the right direction asociaţiunii times, and society, in the absence of such person, in the Court of the domicile of any of associates. In the latter case, the applicant will be able to ask the Court appointment of a trustee, to represent the interests of members.
Art. 8.-Claims against the State, the General Public Directiunilor public corporations and Autonomous Administrations, Trade Houses, can be made to the courts of the capital city of the country or to the capital of the county where the plaintiff is domiciled.
When several judges in Vienna that same Court are alike, which featured State applications or any of the persons referred to above shall be made only to the urban court or, at the Joint Committee in the capital of the County, and when the judges are more competent candidacies urban I, urban, and the capital of the country, the 4th District Court.
Art. 9.-the application directed against several pariti can be made to the Court jurisdiction for any of them; When am and among pariti required accessories, application will be made to the Court for jurisdiction or which of the main debtors.
Art. 10.-Apart from the paritului Court residence, more competent courts are the following: 1) in applications relating to execution, annulment, annulment or termination of a contract, the Court of the place referred to in the contract for execution, even in part, of the bond;
2) in what a report stemming from tenancy of a nemişcător, in the prestaţiune or justification, the Court in the place where the tabulated lies nemişcătorul;
3) applications of a what are promissory note, cheque or promissory note, the Court of the place of payment;
4) concerning applications for commercial bond, the Court of the place where the obligation has been incurred or that of the place of payment;
5) applications from a contract becomes transport ', the Court of the place of departure or arrival;
6) applications against a married woman who has habitual residence than that of her husband, the Court of the residence of the woman;
7) claims made by ascendants or descendants for alimony, the Court of the domicile of the applicant;
8) in what's a fact stemming from illegal, the Court in Vienna, which was committed on that fact.
Art. 11.-governing insurance, the claim relating to damages, it will be able to do it and the Court in which the district is located: 1) the domicile of the insured person;
2 the insured goods);
3) the place where the accident occurred.
Choosing competintei through convenţiune is null if it was made before the birth of the right to compensation.
Dispoziţiunile above does not apply in matters relating to insurance sea and river.
Art. 12.-the applicant has a choice between several equally competent courts.
Art. 13. Requests concerning goods-nemişcătoare are made only at the Court in Vienna that stands nemişcătoarele.
When nemişcătorul is located in the districts of several instances, his application will be made to the Court of the domicile or residence paritului, if they find themselves in any of these circumscriptiuni, otherwise, any of the courts in the districts of which stood nemişcătorul.
Art. 14.-in terms of legacy, am competinţa Court in the wake of the home of the dead: 1) applications concerning the validity or enforcement of the legacy dispoziţiunilor;
2) applications concerning inheritance, as well as those concerning pretentiunile that the heirs would have against one another;
3) applications or legatees of the dead against any from heirs or executor against the executor.
Art. 15.-Applications in terms of society, by the end of the liquidation in fact am competinţa the Court of the place where the company has its principal place of business.
Art. 16.-Claims on bankruptcy are competinţa the Court in which the district has its main settlement.
Title III special Dispoziţiuni Art. 17.-Claims and incidentals are accessories in the competent court to have jurisdiction in the main application.
Art. 18.-the applications for a determination of the existence of any competinţa or neexistentei as the Court shall determine the rules laid down for applications having the prestaţiunii object execution.
Art. 19.-the parties may agree, in writing, or by verbal statement to the Court, like any commercial sake, aside from bankruptcy, to be the Court's judgment.
It may be agreed, as well as causes for the goods to be tried by courts other than those who, by law, have competinţa, except in cases provided for by art. 13, 14, 15 and 16.
Title IV conflicts of competinţa Art. 20.-There is a conflict of competinţa: 1) when two or more instances are declared competent to judge the same alike sake;
2) when two or more instances through irrevocable decisions were declared without jurisdiction to judge the same.
Art. 21.-the Court, in which she appeared in the competinţa conflict, will suspend any other proceedings ex officio and shall submit the dossier to the Court have the right to decide on the conflict.
Art. 22. The conflict between second-coming from the same district court judges, the tribunal shall judge of that.
If the justices do not belong to the same court. or if the conflict was born between a court and a Court of Justice, or between the two Tribunals, jurisdiction is the Court.
If the two instances in the conflict are not found in the same District Court, as well as the conflict between the two Courtyards, is judge of the Court of Cassation.
The Court's competence to judge the conflict up unto you, in your living room without forethought, summoning the parties entitled to appeal within 5 days from the rock's pronouncement.
Art. 23.-When because of exceptional circumstances, the jurisdiction of the Court is prevented from a long time to work, the Court of Cassation, at the request of the party concerned shall designate another court of the same degree that to judge.
Title V the incompatibility of abstention and challenge judges, Art. 24.-the judge who ruled in a decision, may not take part in the judgment of the same issues in appeal or in appeal nor, in the event of a retrial after Cassation.
We also cannot take part in the judgment of one who was a witness, expert or arbitrator in the same.
Art. 25.-the judge who knows that there's a reason for objection in regard to, he is liable to notify his boss and refrain from sinful judgment pricinei.
Art. 26. it is proposed-judge Abstaining and they judge according to the rules laid down in articles 81 and 82. 30, 31 and 32.
Art. 27.-the judge can be recuzat:
1) when he, her husband or their descendants, ascendants times, have any interest in prosecuting or pricinei when it's husband, relative or bilberry, up to the fourth degree inclusive, with any of the parties;
2) when was in any of the cases provided for by art. 100 of the law by the judiciary;
3) when her husband and inseparable in life is relative or one of the parties of the Bilberry up to the fourth degree inclusive, or if, being stopped in the life of times separated children;
4) if he, the husband or their relatives up to the fourth degree inclusive, have a similar sake that judge or whether they have a judgment from the Court where one of the parties is the judge;
5) If between the same persons and one of the parties was a criminal judgment for 5 years before objecting;
6) if he is tutor, curator or judicial Council of one of the parties;
7) if said opinion regarding what judge's sake;
8) if one of the parties received gifts from the presence or otherwise of fagadueli gifts of duties;
9) if it is between him, the husband of feud or one of his relatives up to the fourth degree inclusive and one party, wives or relatives up to the third degree inclusive.
Art. 28.-cannot recuse the judges you, relatives or those staying affine in judgment as the tutor, curator, judicial Council or director of a public company instituţiuni, or when they do not have a personal interest in prosecuting pricinei.
Art. 29. the proposed objection will be made orally or in writing to each judge and before the commencement of desbateri.
When the grounds for objection were coming along after the start of desbaterilor, the challenge will be to propose as soon as they are known.
The judge against whom it's proposed that no objection may desist.
Art. 30.-no objection judecatarului Court that decides, in the composition of which cannot be maintained between at recuzat.
When the objecting because you cannot compile the Panel of judges, and if the objection concerns a court judges, all this is judge of the Court from which the appeal is heading.
No objection to all members of a section of the Court of Cassation shall be judge of the other section of the Court.
Art. 31.-the Court decides on the challenges, in the presence of the parties, without forethought and listening to recuzat only if the judge finds in its sole discretion.
The interrogator is not permitted or oath as proof of the reasons for the objection.
During the examination of the application for objection will not make any note of the procedure.
Art. 32.-Conclusion upon objection reads in public meeting.
If no objection was received, the judge retracts and cannot stand face to chibzuirea over pricinei.
The conclusion that ' decided his challenge will show to what extent the acts performed by the judge recuzat to be retained.
Art. 33.-higher court vested with the prosecution application for objection in cases provided for by art. 30, para. Will has a pricinei Court to sending the same degree, if it finds that the application for objection is founded.
If the request is rejected, it is returned to the sake towards the lower court trial.
Art. 34.-the conclusion that ' nodded or rejected and abstention, as that through which he countenanced no objection, is not subject to any appeal.
The conclusion that ' no objection can be dismissed only with the Fund.
When the superior court found substantive objection was unjustly dismissed, restores all documents and evidences administered at first instance.
Art. 35.-When the application for objection was made in bad faith, the Court will condemn the one who made it to a fine dela 5,000 to 20,000 lei and the compensation of the injured party.
Art. 36.-Dispoziţiunile of this title, except for art. 24 and 27, item 7, shall also apply to members of the Public Ministry magistrates and clerks, assistants.
Title VI examining Expulsion Art. 37.-When one party has two relatives or affine transformation up to the fourth degree inclusive, or popular among magistrates court asesorii you, the other party may ask to be transferred to another court pricinei the same degree.
Pricinei displacement may also be required for reasons of legitimate suspicion or public safety. Suspicion is reckoned to legitimize whenever it can be assumed that the impartiality of judges might be impaired due to circumstances of pricinei, the quality of local parts vrăjmăşiilor times.
Art. 38.-for reasons of Expulsion or affinity shall be required prior to the commencement of each desbateri; the founded suspicion legitimize or public safety may be required in any State of pricinei.
Expulsion for public safety can be requested only by the Public Ministry of the Court of Cassation.
Art. 39. Application for resettlement-justified on the grounds of consanguinity or affinity to the next higher court.
Application for resettlement to be justified on grounds of legitimate suspicion or public safety shall be lodged with the Court of Cassation.
Art. 40. Application for resettlement-is judge in the forethought.
The President of the Court will be able to ask for and to order the pricinei folder without summoning the parties to suspend the trial, communing emergency pricinei such action of the Court in question.
In case of admission is sent towards the suffering of the judgment of another court of the same degree.
Decision on the resettlement is given without motivation and is not subject to any appeal, horses. She will show to what extent the acts performed by the Court before resettlement to be kept.
Dispoziţiunile art. 35 shall apply by similarity.
Book II, title I, contentious Proceedings chapter I Parties use and exercise procedural rights Art. 41.-any person who use civil rights can be a party.
Asociaţiunile or companies, which do not have legal personality, can sit in judgment like parite, if they have their own organs.
Art. 42.-persons who did not exercise their rights can not stand in the judgment unless you are represented, assisted times in the image shown in the approved laws or statutes which randuesc their capacity and organization.
Art. 43.-lack of ability to exercise procedural rights can be invoked in any of the pricinei.
Acts of procedure performed by one who does not exercise procedural rights are anulabile. Incapabilului representative, curator or judicial Council, however, will be able to ratify all or some of these acts.
Art. 44.-If incapabilul has no legal representative and there is emergency, at the request of the party concerned, the Court will be able to appoint a special curator to represent him before the appointment of the legal representative; She will also be able to appoint a special curator, in case of conflict of interests between the representative and the represented or when a legal entity, called to sit in judgment, no representative.
The appointment of these curators will be made of the Court's competence to decide on the request of the original judgment.
Art. 45. the Ministry of Public concluziuni put, whenever minors among the parties are allotted under the guardianship or major, curatorship or the Judicial Council. In such cases, he would be replaced by a magistrate or a lawyer, after calling the President will do.
When evidence is given through a delegate, magistrate this Public Ministry is not need.
Art. 46.-At the Court of Cassation, the Public Ministry put the conclusions and what pricinele the judge into sections in the complete divergence in appeals and annulment.
Chapter II persons who are accused or parite Art together. 47.-more people can be together or whether the object that the accused pricinei parite is a right or an obligation to commune or their rights or obligations have the same cause.
Art. 48.-acts of procedure, defence as one of the plaintiffs and concluziunile or can not use any pariti păgubi others.
However, if the nature of the legal relationship or by virtue of a dispoziţiuni law, the effects of the judgement upon all applicants stretch or paritilor, acts of procedure met only some of them or only some of the încuviinţate timelines for carrying out acts of procedure use and others. When the acts of procedure of some are hostile to those made by others, account shall be taken of the most favorable laws. The plaintiffs, who do not paritii or were depicted or not has been a procedure within will continue however to be subpoenaed.
Chapter III other people who may take part in the judgment of section I-the intervention of Art. 49. anyone interested can intervene in a sake what follows between other people.
Intervention is in their own interest when one who intervenes invoke a right of his own.
It is in the interest of one party when its defense only supports.
Art. 50. intervention in the application's own interest will be made in the manner prescribed for the application of the original judgment.
It can be done only in front of the first instance and desbaterilor before closing.
With his consent, the parties intervention in their own interest and can be made in the Court of appeal.
Art. 51.-request for intervention in the interests of one of the parties can be done even before the Court of appeal.
Art. 52. After hearing the parties and the person who is involved, the Court will decide in principle to încuviinţării intervention.
The conclusion cannot attack than with the Fund.
After approval in principle, the Court will order communication intervention and, where required, will meet destine is the period within which it will have.
Art. 53.-the one who interferes will get the procedure in the State it was in at the time of acceptance of the intervention; the following procedure documents will be used against one who intervenes.
Art. 54.-In the interests of one made in the intervention of the parties, who may do any act interferes with the procedure which is not detrimental to the interest of the Party on whose behalf intervenes.
Art. 55.-Intervention shall judge, with the main application.
However, when judging the application would be delayed by the intervention in their own interest, the Court may decide to hyphenate them for judgment.
Art. 56.-call or appeal made by one who intervenes in the interests of one party shall be void if the counts for which he spoke did not make itself appeal or recourse.
Section II-of the Call of others Art. 57.-Any party may call in another person, who could claim the same rights as complainant.
The request shall be filed by fired again with the meeting. When the meeting is not mandatory, the application will be lodged no later than the first day of appearance.
The request made by the applicant shall be lodged at the latest before the closure of the desbaterilor before the first instance.
Application shall be reasoned and shall be communicated to both the one called, and the opposing party. The copy of the application for the called will join the kids on the request of the judgment, and on records file. dela
Art. 58. the judgement acquires called quality of intervening in their own interest, and if it fails to appear, judgement will be relied on.
Art. 59.-in the case of article 32. 58, paritul, called the judgment for a monetary debt, duty and recognizes that voeşte to run toward the one who will set the right judecătoreşte, he will be removed from the judgment when he introduces the amount due.
In this case, the judgment will follow only between the applicant and the one called in.
Section III-of warranty Call Art. 60.-the warranty can call another person against whom could move, where would fall into pretenţiuni with a claim under warranty or in advance.
Under the same conditions, at the warranty can be called row or call warranty to another person.
Art. 61.-the application will be made in the very top of the form for the request of the original judgment. Request made by fired again will lodge with meeting; When the meeting is not mandatory, the application will be lodged no later than the first day of appearance.
Application of the guarantee made by the applicant shall be filed, until the closure of the desbaterilor, before the first instance.
Art. 62.-the Court will require that the application be communicated to the one called in to meet the warranty and if it is mandatory, will destine the period within which it is to be filed under warranty at called.
Art. 63.-request for warranty is the judge with his application.
When judging the main application would be delayed by calling security, the Court may order its break-up to be judged.
Section IV-of the right holder Art Appearing. 64.-Paritul, which holds one thing for another, or who work on behalf of another person a right thing, will be able to look him in whose name the holding or exercise the right thing, whether it was called in by a person who claims a right in rem in respect of the work.
Art. 65. with regard to the application showing the right holder will be reasoned and shall be lodged with the greeting, and if it is not required, no later than the first day of appearance.
The request will be communicated to the one indicated as holder, together with the summons request, copies of records and dela files.
Art. 66.-If the one shown as CD holder and the complainant acknowledge paritului agrees, he will take the place paritului, which will be removed from the judgment. When the one summoned fails to appear or tagadueste arătările paritului, dispoziţiunile will be applied art. 58. Chapter IV representation of parties in the Art. 67.-the parties may exercise their rights personally or through procedural representative.
Agent with power of Attorney General can represent the judgment on the principal, unless this right has been given.
If you gave the Attorney General does not have a domicile nor residence in the country, or if the power of Attorney is given to a servant, the right of representation in the supposedly given. 68.-Attorney for the exercise of the right of the original judgment or judgment must be done representation shall be in writing under the signature authenticated; When the purchase is an attorney, the signature will be certified according to the law.
Right of representation may be given and by verbal statement made in court and in the conclusion of the meeting.
The mandate is given for all acts alleged worldwide judgment, even if it does not contain any showdown in this regard; He can, however, be limited only to specific acts or to specific court.
If the term is given to a person other than a lawyer; the trustee cannot put conclusions than through a lawyer.
Assistance by a lawyer is not required of doctors or licensees in law when they are dismissed by the husband or causes relatives up to the fourth degree inclusive.
Also assisting by the lawyer is not required at the judges, when part is represented by a spouse or relative up to the fourth degree inclusive.
Art. 69. with regard to rights-Recognitions in his judgment, proposals and how waivers transaction can not be made except by virtue of a power of attorney.
A lawyer who has assisted on a part in the judgment pricinii, even without warrant, can make any acts to preserve rights subject to a time limit, and which would lose by their failure at the time. He can also pursue any appeal against the decision; in this case, however, all acts of procedure will perform only against the part itself.
Art. 70.-When the right representation stems from the law or from a court dispoziţiune, assisting the representative by a lawyer is not mandatory.
Art. 71.-the term of Office ceases through death the person who gave it, nor if it has become incapable. Mandate is until his retirement by the heirs or legal representative of incapabilului.
Art. 72.-Surrender or withdrawal of the mandate cannot be opposed to the other party than dela communication, out only if it was made in the meeting in this part.
The trustee who forgot to notify the empowerment is held both the one who gave him the mandate and the Court, with at least 15 days before the period of notice or the completion deadlines to appeal.
Art. 73. Obştiile-moşneni times of freeholder and Commons will be represented by one or three Trustees elected or appointed ex officio, except if otherwise not have special laws.
When all the members of such organizations, be they call agents agree down here in writing logged at Court in Vienna that stands the residing most of the devălmaşilor.
In the absence of such învoieli those interested will request the competent court to proceadă the appointment of the Trustees.
In this case, the judge will carry on devălmaşi through the notary, to get together, preferably in a day of celebration, the Mayor of the commune under paragraph II, to elect trustees.
The proclamation, signed by the judge, it will show through the notary, care usa City Hall Commons in whom lies nemişcătoarele devălmaşe, with at least 15 days before the day of election. In the same period, the proclamation shall be made orally and in every village, by beating with drum, Bugle sounds, or other means of advertising in the usual place.
Completion of these formalities will ascertain through the reports that will be submitted to the notary of the commune where to assemble devălmăşii.
The day now, the judge will make the second of those assembled, meaning on a list of those attending and what each of them has the goods devălmaşe.
When disputing any devălmaş rights, the judge will be able to enroll him, not if the opposition will seem justified; the non-inclusion of the right not to impede his path to invoke the common law. In no event shall the judge will not postpone the election because of complaints.
The judge will collect oral statements each of those enrolled in the list will be made with respect to those, which will elect as their agents, Election agents will be made by a majority of the votes of those present, credited both on the number of those from the front, and devălmaşe rights.
If residents don't come or if the second majority referred to above cannot meet, the judge will appoint ex officio Trustees of the community's members.
Those committed before the judge will be recorded through the closing, which will have a power of attorney.
Any defect during the election procedure conducted or proposed appointment the Trustees will have on first appearance, under penalty of revocation. In case of cancellation of the mandate, the Court shall order the recovery of the procedure for the designation of other agents.
The mandate given by choice or ex officio trustee, is obligatory for the whole course of worldwide judgment. For legitimate reasons, the Court will be able to relieve the trustee of his assignment was given.
The term of Office may be removed for inability or bad faith.
The terms of reference for pricinii through the transaction will be given only with the two-thirds majority, counted both of the number of those from the front, and devălmaşe rights.
If there are multiple agents, they decide with the majority.
In the event of cessation of a trustee, empowerment Ordinances referred to above will be followed for the appointment of substitute.
Chapter V legal assistance Art. 74.-the one who is not able to do before the expenses of a trial without putting our own maintenance or his family may require legal assistance.
Art. 75.-legal assistance includes:
1) exemption of temporal taxes and stamp for all acts of procedure;
2) defence and assistance free of charge through a lawyer delegate College of lawyers.
Judicial assistance may be accepted at any time during the worldwide judgment, wholly or in part.
Art. 76.-request for judicial assistance shall be made in writing to the Court.
Art. 77.-the application must show up because it refers to the State party. She will be accompanied by evidence relating to income, and its tasks.
Art. 78.-the Court will investigate the request may ask for explanations and evidence of the parties or the local authorities, then information will become available without desbateri, by concluding, in the living room of forethought.
Antagonist side to portray the Court may at any time, evidence about the true condition of the one to whom she nodded; assistance shall not be suspended during the new research.
Conclusion with respect to the request for assistance or the ' returned over încuviinţate assistance is not subject to any horse.
Art. 79.-If the Court finds that the request for assistance was made in bad faith, by hiding the truth, she may, returning over încuviinţate assistance, to condemn the party to a fine equal to payment amounts which it was exempted.
Art. 80. the right to assistance is extinguished by the death of the party or by improving his condition.
Art. 81.-the costs of which the party has been exempted through the consent of the judicial assistance will be put in charge of the other party, if it fell into the pretentiunile, and will be pursued according to the fiscal procedure code dispoziţiunilor. The device will communicate the decision ex officio tax bodies, through the care of the Registrar.
Lawyers appointed ex officio defenders are entitled to ask the Court that their fees to be put in charge of the other party, if it fell into its pretentiunile.
Title II General Dispoziţiuni chapter I procedure Requests Art. 82.-any application directed courts must be made in writing and include the name of the Court, appearing, domicile or residence of the parties and of the representative, curator or judicial Council, subject to the application and the signature.
Applications that are competinţa rural courts may be verbal. In this case the arătările party will be passed on in a written report, signed by a judge, Registrar and party and which will replace the written request. If the party cannot sign, it will make about this speech in the minutes.
Claims by individuals who cannot sign, will be signed by putting finger in front of the President of the Court or due to or, and in rural municipalities and notary; the application will be first cetita party, it's about showing application.
In the cases provided for in paragraphs 2 and 3, shall be made of the image as showing ' has established the identity of the party.
Art. 83.-When the application is made by an agent, will join the Attorney or a certified copy.
Trustee Attorney certify himself back on his attorney.
Trustee, legal representative, or the Judicial Council, will join the certified true copy of certificate of quality on its entry.
Representatives of legal persons governed by private law, will look in the Official Gazette, which is published to their empowerment.
Art. 84. the application or for the exercise of judgment and remedies, is valid even if the gate made a wrong name.
Chapter II Citatiunile and procedure documents Art. 85.-the judge is unable to decide on a request only after summoning or appearance of parts, except only where the law otherwise.
Art. 86.-Communication of the application and all documents of the procedure will be done ex officio, by mail or through Portareilor Body, and in rural municipalities and by notaries.
Art. 87.-Will be subpoenaed: 1) State, County, Township and other legal persons governed by public law, in the person of the head of the authority at the headquarters of the administraţiunii legal department concerned or, in the absence of litigation, at administraţiunii;
2) legal persons in private law, through their representatives at the headquarters of the administraţiunii or of the branch in Vienna's Court;
3 asociaţiunile) and companies which do not have legal personality, driving through their bodies to their administraţiunii headquarters;
4) or obştiile of freeholder moşneni and Commons, through their authorized representatives;
5) mass bankruptcy creditors through the Syndic;
6) incapabilii, through their legal representatives;
In case of appointment of a trustee, citing specifically will be done through the curator;
7) diplomatic and consular corps members, abroad, and what depends on it, through the Ministry of Foreign Affairs;
8) those who lies abroad without home or residence known through official Gazette and through their authorized representative in the country, if they have one.
Those with known domicile or residence abroad, they will cite the country through their authorised representative, if they have one of their best known, and will be sent a summons by registered mail abroad; receipt of handing the letter will you instead of proof.
If you don't have an agent known to the country, the summons will be sent by registered mail and shall be published in the Official Gazette.
9) those with unknown domicile or residence, according to art. 95. 88.-Summons will include: 1) the number and date of issue, and the file number;
2) appearing the year, month, day and time of appearance;
3) showing the Court and headquarters;
4 the name, domicile and) the quality of the one quote;
5 the name and place of residence) opposing party and pricinei;
6) stamp of the Chief of the Court and the Registrar's signature.
Arătările dela, points 2, 3, 4 and 6 are prescribed on pain of nullity.
Art. 89.-Summons, under penalty of nullity, will be handed over to the party with at least 5 days ahead of schedule. In urgent causes, the term may be shorter after appreciation of the Court.
The appearance of the party in court, in person or through a representative, covers any irregularities in the procedure. However, the right side ask for postponement unless she handed the summons within.
Art. 90.-to all summons and handing over documents, procedure is done at the domicile or residence of the person quoted. When it has an agricultural settlement, commercial, industrial or professional elsewhere, forwarding can be done and the place of these settlements.
Forwarding can be done anywhere, when at quote receives the summons.
For those who live in hotels, is Yes, summons their lack, administrator or, failing that, who normally replaces it.
For those who find themselves under arms, shall be handed in summons higher headquarters nearest you.
For those who alcatuesc the crew of a vessel of Commerce, forwarding is done, in the absence of a home, to the port Captaincy where you can find registered vessel.
For detainees, handing over takes place at the prison administration.
For patients who are in hospitals, nursing homes, hospices times at Asezamatului, Art Direction. 91.-handing over the documents and subpoenas of the procedure, in the cases provided for by art. 87 points 1, 2, 3, 5 and 7, as well as those laid down in articles 81 and 82. 90 paragraphs 4, 5, 6 and 7, or if the Act is due to be handed over to a lawyer or notary public can make the official or person responsible for receiving the correspondence, which will sign the proof.
Art. 92. the Act of procedure-hand delivery will be made to the person entitled to receive it, who will sign the proof of delivery, certified by the officer responsible for the hand-over.
If the quote, being at home, I do not want to receive any procedure act or by receiving it dividing not or cannot sign the proof of delivery, the agent will leave the Act in the place of residence of the person or quotation, ending about the followed a report.
If the quote is not found at home, the procedure shall be given to a person in the family that locueste with him, or a person in the service of or taking evidence, concluding about the followed Protocol.
If those above show no will to prevail, or the Act of procedure will not or can not sign the proof of delivery, the agent will leave the Act in their hand or the domicile of the person being quoted and will conclude proceedings.
Hand delivery cannot be made to persons lacking judgment. Until proof to the contrary, the power of judgment is alleged.
In case of lack and people referred to in paragraph 3 the agent will show the Act of procedure the door housing the one quote and will conclude proceedings.
The minutes referred to in article from the face will be made on the spot, in the assistance of the two neighbors, which will not be in the service of the town hall or post office nor court officials.
In the cases provided for in paragraphs 2, 4 and 6, it will look like, in the minutes, and the one floor apartment, whether it resides in a building with several floors or apartments.
Art. 93.-in case of choice of domicile, if the party has shown and the person responsible for the look of the procedure, their communication is going to do to that person, and in the absence of such showdowns, the domicile of the party.
Art. 94.-When documents of the procedure cannot be done because as he tore down the building, became uninhabitable or other similar reason, the agent will act at the registry of the Court, which shall notify in advance the part about this circumstance.
Art. 95.-When the complainant invedereaza as though has done everything i stood in as possible, not to isbutit to find paritului, President of domicile the Court can incuviinta it by citing.
Attendance through advertising is done by displaying the summons to the door of the Court, and by publishing them in the Official Gazette, 15 days ahead of schedule.
In urgent cases, the President of the Court will be able to shorten this period up to 5 days.
The President may order the publication of the summons and a newspaper more prevalent.
If paritul shows and proves that it has been cited by advertising with bad faith, all acts of procedure that followed this încuviinţării citations, will be canceled, and the plaintiff having requested the summoning through advertising will be sentenced to a fine, which from 1,000 to 10,000 lei and the compensation to the injured party.
Art. 96.-part of the Court, in person or through an agent, can not refuse receiving procedure and records of that sitting in them. In this case, the Court may, upon request, incuviinta a time limit to get knowledge of the acts.
Art. 97.-Any act of procedure cannot perform legal holidays, except for the cases as soon as possible after the approval of the President.
Art. 98.-change of domicile of one of the parties during the worldwide judgment, must be under penalty account neluării her to be brought to the attention of the Court by petition in the file; and the opposing party by registered letter, whose receipt of instruction will apply to files with the petition by which it shall notify the Court about the change of domicile.
Art. 99.-those charged by law with the performance of the procedure, from whose fault caused the postponement of worldwide judgment, will be sentenced by the Court, by means of a discharge from an enforceable fine dela, 500 to 5,000 lei and the compensation to the injured party.
Condemned may submit to the Court a reasoned petition for exemption or reduction of the fine times compensation.
He will be quoted emergency, along with the injured party, to which he nodded into the compensation of forethought and the Court will decide through a final discharge. Attendance will be made through the registry and is exempt from stamp duty.
Art. 100.-minutes, ended at tasked with awarding procedure document should contain: 1) year, month, and day was concluded;
2) name that it has ended;
4) name and domicile of the one to whom the communication was made;
5) appearing to the Court that the Act starts from the presence of the procedure and the identification of, and for the deadline for the summons and appearance;
6) showing records releases;
7) the name and the quality of the person to whom he made the handing over or place where he did display;
8) signature of him who has concluded a Protocol, as well as to persons who assisted him.
If those who are to sign the proof of receipt or the report, refuse or cannot s ', will make the speech about this report.
Arătările dela points 1, 2, 4, 5, 7 and 8 are set out under penalty of nullity.
The report provides evidence until enrolling in the bogus about the facts found by the staff has concluded.
Chapter III Time Limits Art. 101.-Deadlines means on days off, not calling into any day of reckoning when the day began, neither when he last term.
Built on time limits begin to run hours dela midnight next day.
Deadlines built on years, months or weeks, ending on the day of the year, month or week corresponding to the day of departure.
The term which, starting on 29, 30 or 31st of the month, ending in a month that doesn't have such a day, will be fulfilled in the last day of the month.
The term that ends in ' a public holiday, or when the service is suspended, it will be extended until the end of the first following working day.
Art. 102.-Deadlines begin to flow from the rock acts of notification procedure if the law otherwise.
Time limits begin to run against the party requesting the communication, from the date when he asked for it.
Art. 103.-Failure of any horse and failure to comply with any act of legal procedure draws the forfeiture, unless the law provides otherwise or when side proves it was hampered through ' circumstances beyond her control.
In the latter case the Act of procedure shall meet within 15 days to prevent the end from termination; in the same period will be displayed and the reasons preventing.
Art. 104. Acts of procedure-mailed the courts count fulfilled within if they were handed over to the post Office recommended before consummation.
Chapter IV invalidity of acts of procedure Art. 105.-acts of procedure performed by a judge necompetent are null and void.
Acts done with neobservarea legal forms or an official necompetent will be declared null and void only where it was caused by the party harm which cannot be removed except by cancelling them. In the case provided for by law nulităţilor, supposedly until proof to the contrary.
Art. 106. a cancellation procedure shall entail nullity the following acts and, to the extent that they cannot have an independent existence.
The judge will be able to have at its disposal at the irregularities committed in respect of the acts of procedure.
Art. 107. the President will postpone judgment pricinei times decateori noticed that the missing part was not quoted in compliance with the requirements provided by law under penalty of nullity.
Art. 108. Nulităţile-public order may be raised by the parties or by the judge in any of the pricinei.
Other nulităţi are declared only upon request of the party who has an interest to invoke.
Irregularity of procedure cover if the party had not invoked it at first look what followed after this irregularity and before putting the conclusions into the Fund.
No one may invoke the irregularity pricinuită through its own fact.
Title III Proceedings before first instance chapter I Procedure before judgment section I General Art Dispoziţiuni. 109.-anyone who claims a right against another person must file a claim before the competent court.
Art. 110.-demand for handing over a nemişcător, at the expiry of the lease, can be done even before reaching that deadline.
You can also ask ahead of time, the execution of a bond or other periodic prestaţiuni.
The President can incuviinta generally, prior to the expiry of the period for execution of the requests of some bonds, whenever it will calculate the claims are justified in order to prevent a significant loss to the plaintiff that it would try it if you would wait for expiry.
Art. 111.-a party interested may make an application for a determination of the existence of a right or neexistentei. Application may not be received if the party can request the realization of the right.
Section II judgement Call Art. 112.-request for judgment summons shall contain: 1) the name, domicile or residence of the parties;
2) quality, in which the parties are sitting in judgment, when not hanging out in their own name;
3) applied for and its value, after plaintiff's esteem, when appreciation is possible.
For identification of nemişcătoarelor Township and will show the County, street and number, and, failing, and vicinity apartment, 1st floor, or when nemişcătorul is entered in the land register, the number of land register and topographical number;
4 reasons for appearing) fact and law on which it is based;
5) showing the evidence relied on either end.
When the proof is done through entries, will join on demand so many children are more pariti, one copy of each signed up for court; copies will be certified by the applicant are the same as the original.
It will be able to submit only a part of the ' writing, remaining as a court, to possess, to need, official appearance.
If records are written in a foreign language or old letters, will submit translations or children with Latin letters, certified part.
When the complainant voeşte to prove the application or any of the heads of its request, by the interrogator or sworn paritului, will require the appearance of it.
They will ask for proof with witnesses, it will show the name and residence of witnesses;
Art. 113.-at the request of the judgment will be joined by as many copies of the application are how many pariti.
If several pariti having only one representative or if paritul has several legal qualities, it will communicate to a single copy of the action and on the records and will be handed a single summons.
Art. 114. the President, as soon as it receives a request for the judgment and notice of payment of stamp duty, tax procedure and tax proportionally will destine the day of the presentation and will cite the parties before the Court sitting. The President will be able to ordain a certain time for prosecuting pricinei.
When the complainant is front fixing term, he takes notice of the term; the President will put in view of shortages in demand, to integers before communication.
The President will order at the same time to communicate paritului with the summons request, copies of records, and put them in mind to submit to file at least welcome 5 days before the deadline decided for judgment.
With the sorocirea of the term, the President shall order, if required by the application, citing the interrogator or oath paritului, subject desbaterii the period of notice. Under the same reserve will be able to take any further measures, in the margins of randuelilor for evidence.
The term will destine so that, from the date of receipt of the summons, paritul to have at least 30 days for filing the greeting, and in urgent causes, at least 5 days.
If paritul locueste abroad, the President will be able to ordain a longer period than usual.
Section III Responds To Art. 115.-Meet will feature: 1) excepţiunile of the procedure to the applicant's request to paritul;
2) answer to all of the factual and legal grounds;
3) evidence with which they defend against each end of the application form; When will ask for proof with witnesses, paritul will show their name and residence;
Art. 116.-The greeting will be joining so many kids on how many claimants are welcome; They also will join the same number of certified copies from the records, relied on by more than one row of children for instance.
If several applicants have one representative, or sit in judgment of a plaintiff in several legal qualities, it will submit the file for these parties a single copy.
Art. 117.-When are many, they may respond pariti all together or only part of them, through a single greeting.
Art. 118.-rural paritul Before the courts is not obligated to, submit greeting; the President will, however, put down in the first day of appearance, to show all excepţiunile, evidence and its means of defence which will make speech in the conclusion of the meeting.
The same requirement on the paritul in front of any instances when it was exempted from submitting the greeting.
Section IV of the request reconventionata Art. 119.-If paritul has pretenţiuni in connection with an application or with the means of defence, of the complainant, he may make the counterclaim.
The request must meet rigid conditions laid down for the application of the original judgment.
The counterclaim shall be lodged with the meeting or, if paritul is not required in landing, no later than the first day of appearance.
When the applicant has amended the request, the counterclaim shall be lodged at the latest before the term what will incuviinta paritului, towards this end.
Art. 120.-counterclaims, shall judge with the main application.
When the main application is only able to be a judgment, the Court can judge.
Chapter II Meetings and police their Art. 121.-Meetings will be public, except in cases when the law provides otherwise.
The Court may order that desbaterile to be done sitting in secret, if desbaterea could harm public order or public morality, or on the sides. In this case, the parties may be accompanied, in addition to their defenders, not exceeding two persons designated by them.
Decision rule always in public meeting.
Art. 122. the President shall exercise police hearing, and may take measures for the preservation of good order and decency norms.
If it is no longer held in the meeting room, the President can dismiss those who would come later or those exceeding the number of seats.
Nobody can be left between the arms room sitting out only if he wears in order to service that meets in front of the Court.
Those taking part in the meeting are obliged to have an cuviincioasă demeanor. That speaks to what the Court has to stand up. The President can incuviinta excepţiuni dela this duty.
Can be removed from the Hall and those individuals who nevârstnici s ' infatita ' would in an impious attire.
The President may call to order any person who turbura walking desbaterilor. If this call is still to no avail, he can force his turburator leave the room and the need will give the order to be removed from the room.
The President may order the removal of all the people in the Hall, if otherwise it can keep order.
Art. 123.-If among those who would be removed from any room sides, before closing the desbaterilor, it will be called out in the Hall and, under penalty of nullity, i will put all the doings of the captain in his absence, as well as the statements of those listening.
Dispoziţiunea above does not apply in cases when the far side from the meeting was assisted by a lawyer, who stayed on in the Hall.
Art. 124. the above provisions shall apply in all places where the judges are called upon to carry out their functions.
Chapter III, section I, Judgment Looks and desbateri Art. 125. the President will have to be drawn up for each meeting a list of causes the end to judge on that day and will be displayed at the lobby door sitting at least one hour before the start of the meeting.
Causes and those remaining have been declared urgent in diverginta will judge before others.
Parties may require changing the row if împricinaţii given their issues before the end of the days do not resist.
Art. 126.-the parties may ask the Court, at the beginning of the hearing, delaying examining who are not able, if those requests don't cause desbateri. This deferral can be made and a single judge.
Art. 127.-Causes, if desbat is the law otherwise.
Art. 128. the President opened the meeting and suspend the raise.
The President will give the word more intaiu complainant and following paritului.
In case of need, the President can give the word several times, it edges over time every time.
Art. 129. the President has the right to put questions to the parties or to give their desbaterea any circumstances of fact or law necessary to tighten the pricinei, even if they are not contained in the request or greeting.
They will be able to require the evidence they will find in its sole discretion, even if the parties do not obey.
Art. 130.-Judges or the parties may put questions to the witnesses or experts only through the intercession of the President that they can incuviinta to put questions directly to the judges must starue are all legal means in order to uncover the truth and to prevent any mistake in knowing the facts; they will give the parties actively help protect their rights and interests.
They will decide only on those which form the subject-matter pricinii subject to worldwide judgment.
Art. 131.-La rural courts judge, before entering the desbateri, will attempt reconciliation of the parties.
If the parties are irreconcilable, the judge will observe the conditions of the Atonement in the judgement that you will give.
Art. 132.-on first appearance the Court will be able to give the applicant a time limit for completion or amendment of the application, as well as to propose new evidence. In this case, the Court has deferred the application of the modified pricinei and paritului communication, in order to achieve the creation of.
Request counts are not altered and will not give the term, but it will pass in the concluding sitting for oral statements made in court: 1) when moving the materials application mistakes;
2) when the applicant câtimea the object increases or decreases in demand;
3) when required object value lost or perished;
4) when finding the request through replaces ' an application for the realization of the right, or on the contrary, if the demand in finding may be received.
The applicant will be able to ask for a deadline for submitting the counterclaim and welcome to propose any evidence in defence.
Art. 133.-request for judgment summons which does not contain the name of the applicant or of the paritului, its object or the signature will be declared null and void.
The lack of signature may nevertheless be fulfilled throughout the worldwide judgment. If you invoke paritul the lack of signature, the applicant will be asked to sign no later than the first day of the next appearance, and when it is present in court, even sitting in which nullity was sought.
Art. 134.-Is credited as the first day of appearance that's why the parties, legal citations, I can put concluziuni.
Art. 135.-counterclaims and placing another person in judgment that will not be made within the time limit laid down by law, the judge shall, unless both parties agree to govern together.
Art. 136.-Excepţiunile of procedure have not been proposed in the rigid conditions of art. 115 and 132 will no longer be able to be invoked during the worldwide judgment, other than those of public policy.
Art. 137.-the Court will rule on the first excepţiunilor of the procedure, as well as on the background that make it unnecessary, in all or in part, to fund research into pricinei.
Excepţiunile will not be able to be joined with the Fund's judgment unless it is for their need to manage evidence in connection with the substantive pricinei the absolution.
Art. 138.-evidence that were not generally required in art. 112, 115 and 132, could no longer be relied upon in the course of court except: 1) when evidence requested is sworn in;
2) when the need of proof would desbateri reesi from and could not foresee;
3) when administering pricinueste not proof delaying worldwide judgment;
4) when evidence was not required in the very top articles above shown because of lack of training and through the party.
In case of postponement, the party is bound, under penalty of revocation, to deposit at least 5 days before the deadline for judgment, decided to be certified copies of records on the invoked.
Art. 139.-the party has filed a certified copy of an entry in the, is obligated to take it upon himself to sitting, the original official or to submit it before the registry, under the penalty of not you account entered.
If the antagonist is unable to realize the accuracy of the copy of the original depicted sitting, the judge will be able to grant a short term, forcing the side to submit the original in safekeeping the registry.
Art. 140. Pleadings lodged by the parties-are still acquired worldwide judgment and cannot withdraw without his consent by the party opposing.
Records filed in the original will not be withdrawn until you will leave copies of the registry of the Court, to which he made submission.
Art. 141. tagadueste-when the accuracy of the translation into Romanian language or writing with Latin letters, done by hand, the Court may order that the translation or writing with Latin letters is to be made by a sworn translator or, in the absence of a trusted person, in which case dispoziţiunile will apply for the experts.
Paritul will make this request by plaintiff, and welcome, the first term of notice.
Art. 142.-If the party or witness does not know the Romanian language, be sure to use a sworn translator or, if not, a trusted person, in which case dispoziţiunile will apply for the experts.
The judge may perform the function of a translator without take an oath.
Art. 143.-When the one to be listened to is mute or deaf and cannot be understood, will be put to write the answer. If you do not know to write will use a convergence by means of the dispoziţiunile relating to the experts.
Art. 144.-When the one required to sign statements you don't want or cannot sign the showdown will be made in the Act of procedure.
Art. 145. Desbaterile-still will be the end of the sitting, right outside working hours for examining proven judgment.
Art. 146.-the parties will be able to be indebted, after shutting down desbaterilor lodge concluziuni by abbreviations or by signed them to their verbal contention. The parties will be able to submit concluziunile or abbreviations even without being forced. They will be recorded.
Art. 147.-Desbaterile followed in the meeting will move to the conclusion of the meeting, which will be signed by the judges and the Registrar.
Art. 148.-on request, the registry will release copies of the conclusion of the meeting, on the decision or device or on other documents placed on the record.
Copies of conclusion, or decisions may be issued only after they have been signed by all judges, under penalty of being clerks watch as counterfeiters.
When desbaterile was followed in secret meeting, persons other than the parties cannot acquire copies of conclusion, expertise or declaraţiuni witnesses than with the consent of the President.
Art. 149. incuviinta-Court stenografierea will desbaterilor, in whole or in part, at the request of the party. In this case dispoziţiunile will apply for the experts.
Art. 150.-When the Court will calculate lămurită, the President will declare the desbaterile closed.
Art. 151.-Sake can be reinstated pending, if the Court finds the needed explanations.
Art. 152.-If at any time-limit decided to appear for judgment, only one of the parties, the Court, after scrutinizing all of the file and will listen to the CD of the party, will rule on the basis of the evidence, and may receive administered excepţiunile and defence as the party is missing.
Art. 153.-part, which was present in appearance, itself or through its agent, even with neîmputernicit right to know the term, won't be subpoenaed, throughout the Court, being alleged that knows deadlines.
This dispoziţiune does not apply to: 1) in the case of reopening worldwide judgment, after having been suspended or postponed without time limit;
2) in the case of a sorocirii term for the call to the interrogator or oath;
3) if Panday, resuspend.
Period in the knowledge or for which they have been sent to citatiunile cannot be turned, after summoning the parties and for good reasons.
The application judge in forethought.
Art. 154.-the party in any chip caused postponement of worldwide judgment, will be required, at the request of the opposing party, to pay him a compensation for damage pricinuită by procrastination.
The Court shall decide, after hearing the parties, through a final discharge.
Compensation shall not be returned, even if the party who has acquired falls into his pretentiunile.
If the conclusion was not enforced during the worldwide judgment, the party will be able to require that the compensation to be dress in the pronouncement of the judgement.
Art. 155.-Delaying worldwide judgment, pursuant to învoielii of the parties can not incuviinta more than once in the course of the Court.
After such adjournment, unless the parties staruesc, will be suspended and will not be reopened until after the payment of the sums provided for in the law for the reopening of the examining stamp.
The Court is obliged to examine whether a postponement requested by both parties for a reason given does not tend to a postponement through învoiala parties; It is counted as such request for deferment to the other side ' would be able to resist.
Art. 156.-the Court will be able to give a single term for lack of defence duly motivated.
When the Court refuses to postpone worldwide judgment for this reason will delay at the request of the party, pronouncing with a view to submitting conclusions by.
Art. 157.-Causes in which the procedure is carried out and who cannot judge for lack of time will be postponed, at the request of the parties, at a short term for when the parties will no longer quote. These issues will be judged mainly.
Section Excepţiunile of the procedure or power excepţiunea final Art. 158.-When called invokes the judgment part necompetenta the Court, it is required to show the Court jurisdiction.
If the Court declares jurisdiction, will proceed to the judging pricinei, and may do so at the disgruntled call after putting the judgement as to its merit.
If the Court declares to be principally concerned, she will send the dossier to the Court jurisdiction, once the decision has become final. Time limits for the exercise of rights of appeal flow dela pronouncement.
Sending the dossier to the competent court is not prevented from exercising the horses from attack by the party who has obtained a declaration of necompetintei.
If necompetenta is not of public order, the party who made the request at a court principally concerned, or by concealing the nature of the request, made to be distributed to a court or section principally concerned, will not be able to require the Declaration of necompetentei.
Art. 159.-Necompetenta is public policy: 1) when sake is competinţa administrative authorities or courts of lower rank;
2) when competinţa's sake is another court and the parties are not able to remove.
Art. 160.-in the case of the statement of necompetintei, based on the evidence the Court is principally concerned remain earned worldwide judgment and the Court has no jurisdiction will rebuild their than for serious reasons.
Art. 161.-When the Court ascertains lack of ability to exercise procedural rights of the party or the party's representative when not proof its quality, you can't give a deadline for the fulfillment of these shortcomings.
If gaps are not fulfilled, the Court shall cancel the request.
Art. 162.-Excepţiunile of the procedure of public policy may be raised before the Court of appeal only when there is no need for a check of the circumstances actually apart of the dossier.
Art. 163.-no one can be called to judgment for the same cause of action and same side before several courts.
This excepţiune will be able to pick up parts or judge in any of the pricinii in the courts.
If excepţiunea is received, the file will be sent to the Court which was first invested, and if the causes lies in the judgment of the courts of the Special Court, the grades with higher degree.
Art. 164.-the parties will be able to ask for the meeting several issues that are still before the same court or courts, of the same degree, in which the same parties or even together with other parties and which have as their object and they cause a close connection between them.
The meeting may be made by a judge even if the parties have not asked for it.
The file will be sent to the court first invested, out only if both parties are asking for sending it to one of the other instances: When one of the issues is competinţa a court, and the parties are not able to eliminate, the meeting will be made at the Court.
Art. 165.-In any of the causes may be separate worldwide judgment met, if the Court counts as only one of them is the State of being.
Art. 166. Excepţiunea-power work judged can rise, parties or even judge in the courts of appeal.
Section III management of evidence § 1.
-Art. 167. incuviinta-can only be Evidence if the Court counts as they can to bring absolution pricinei, unless it would be distress as they may be lost through delay.
They will be administered before the start of desbaterilor.
Proof and evidence to the contrary will be managed as much as possible at the same time.
When evidence of the witnesses was generally accepted in the art. 138, proof to the contrary will be required under penalty of revocation in the same meeting, if both sides are face.
The last part is lack of proof required to proof to the contrary at the next meeting, and in the case of a foreclosure, the first day they depict, Art. 168.-Conclusion, it means that the evidence will show, the facts that are to be proven, and the means of proof to prove their încuviinţate.
Administration of the evidence will be in the order of statornicită of the Court.
When some abandon the proposed evidence, the other party may and insuseassa them.
Art. 169.-Administration of evidence is done in front of the Court.
The Court may appoint a magistrate to manage evidence, which may be in the Chamber and forethought.
The Court will be able to ordain in the same sitting, the day and hour when the parties will be presented before the judge loosed, giving them the knowledge of the rigid conditions of art. 153, which applies in front of the magistrate as a delegate.
When the administration of such evidence is to be made in another city, she will meet, by delegation, by a Court of the same grade or even lesser in degree, if in that locality does not exist a Court of the same degree. If the kind of evidence the sides are ingadue and invoesc, the Court administering the proof may be exempted from summoning the parties.
Art. 170.-When he nodded a local research, expertise or evidence with witnesses, the proposed shall, within 5 days, consent to deposit removed from him the sum, statornicită Court, research expenses, and compensation for witnesses or expert payment receipt shall be filed at the registry of the Court.
When they nodded dispoziţiunilor evidence parties art. 138 points 2 and 4 above, the term may be extended by 15 days.
The lack of such bond forfeiture, that attracts Court, of the evidence accepted.
Lodging amount will be able to make, however, and after expiry, if it does not postpone judgment.
Art. 171.-Side deprived of the right to administer a proof, you will be able to defend themselves, discussing in fact and in law and the merits of the contention of the opposing party's evidence.
-Art. 172. invedereaza side-When the antagonist has signed up to, the Court may require his appearance.
The application of notice cannot be rejected if entry is common to the parties or if the very part of the antagonist also referred to the judgment entered, or if the law, she is required to portray the entry.
Art. 173.-the Court will reject the request of the official, in whole or in part in cases: 1. when the contents of the official matters are concerned with everything personally;
2. when official appearance would violate the duty of secrecy;
3. when the appearance would attract prosecution against the party or another person, or would expose a public dispreţului.
Art. 174.-If the party refuses to respond to the interrogator or to make oath that he proposed to prove ownership or official existence, if evidence emerges of managed it hid or destroyed or if, after he proved the possession of official, it does appear at the request of the Court, it will be able to calculate as pretentiunile proven party appearance, asked about the cuprinsu1 that signed up.
Art. 175.-If the entry is found in the preservation of an authority, the Court shall take measures for bringing his can rule against the head of the authority, in the event of a refusal to be unfounded, the compensation for each day of delay.
If the entry is owned by another person, it can be subpoenaed as a witness, and put them in mind to bring about the entry into the Court, under penalty of payment of damages for each day of delay. It is entitled to refuse bringing official in cases provided for by art. 173. Appearance and bringing the official shall be made at the expense of the party demanded proof; the amount payable will be statornicită through a final discharge.
Art. 176.-the Court will not be able to ask for sending books and plans, land records and authorities of original manuscripts submitted to the courts or public notaries.
Researching these records will be made, with the attendance of the parties, by a magistrate or delegate, if the entry is found in another locality, by delegation, by the Court.
-Art. 177.-the one which i oppose in writing under private signature is obliged either to recognize, either to surrender their writings of the time signature.
The heirs or successors in title of the one Dale that is claimed to be the entries may declare that it does not know the handwriting or signature thereof.
Art. 178.-When one of the parties declares she doesn't recognize either writing, signature, the Court will be steps to check the official.
To this end, the President of the Court will oblige whom he is writing or signature to write and sign under his dictation, part of which is entered.
Refusing to write will be counted as a handwriting recognition.
Art. 179.-If the Court, after checking the official writing or signature made in her face or in other entries, there is lămurită, will provide for the verification to be done by an expert, obliging the parties to submit documents for verification without delay.
Shall receive as such: 1. authentic records;
2. records of private parts, netăgăduite;
3. part of the inscribed netăgăduită;
4. handwriting or signature made before the Court.
Records submitted for verification shall be signed by the President, the Registrar and the parties.
The Parties shall take the knowledge of the records in the meeting.
Art. 180.-If one of the parties declares that handwriting or signature is false and the other side is not before the Court, it has the appearance of parties in person, the other term, when a party has relied on the entry will look like its defense and will submit the entry for verification.
The parties may be represented by attorneys with special power of Attorney, if they prove a definite foreclosure.
Art. 181. the Chairman will establish, by report, status of the material if there is official slander him erasures, overwritten words or îndreptări, then you would sign, as neschimbare and it will entrust the graft after what will be signed by the Registrar and by the parties.
If the parties will not or can not sign, it will make the showdown in the minutes.
Art. 182.-now, the day the President asks the party depicted the entry if you understand to use it is missing part, do not respond or voeşte to declare that no longer uses the entered, it will be removed.
If the slander as false, the entry is missing or not voeşte or not starueste to respond to the statement, the entry will be considered as conceded.
Art. 183.-If the party that defame the entry as fake, look on the author or accomplice of perjury, the Court may suspend judgment of pricinei, giving the entry Public Ministry, together with the report, which will be terminated.
Art. 184.-When there is no case of prosecution, or if public action was extinguished or barred, the false consideration shall be given by the civil court by any means of proof.
Art. 185.-the one who demanded a check of scripts could be sentenced to a fine of 500 lei up to 10,000 and the damages, if it turns out that the entry was written by him.
-Art. 186.-When the court evidence with witnesses, nodded it will dispose of those listening were proposed in the application and test prep.
In the cases provided for by art. 138, paragraphs 2 and 4, the list of witnesses will be lodged, under penalty of revocation, within 5 days from the way of approval.
Replacing the witnesses will not be incuviinta than in cases of death, disappearance or substantiated reasons, in which case the list will be lodged within the time limit and under penalty indicated above.
Proof of acquiescence with witnesses for failure to comply with obligations laid down in articles 81 and 82. 170, cover if they decided to be the deadline for infatiseasa their obedience.
Art. 187.-the Court will be able to witness proposed number edges.
Art. 188.-Against the witness, which is lacking at the first citation, the Court will give the mandate to bring may apply, by way of conclusion, and an enforceable fine 500 to 5,000 lei dela; the fine will be able to pick up for good reasons.
In urgent causes, one can witness with features bringing at the first mandate period.
If, after the mandate of remembrance, the witness fails to appear, the Court will be able to the steps.
The Court may set the hearing incuviinta his house, when he is prevented from coming to the Court.
Art. 189.-can't be heard as witnesses: 1. family members and relatives up to the third degree inclusive;
2. the spouse, even parted;
3. interzişii and those declared by law unable to testify;
4. those convicted of perjury or oath.
Art. 190.-causes relating to The marital or despărţenie will be able to listen to relatives and family members above show, apart from their offspring.
Art. 191.-Are exempt, to be witnesses: 1. Religious Affairs Ministers, doctors, midwives, pharmacists, lawyers, notaries public, and any other workers that the law compels them to secrecy regarding the facts in their assigned exercise îndeletnicirii;
2. civil servants and former public servants, on the circumstances that had secret knowledge in this quality;
3. those who through their answers were ' would expose themselves or would expose any of the persons referred to in art. 189 in points 1 and 2, to a criminal penalty or to public scorn; in these cases, the reason for exemption will be proved by oath.
The persons referred to in paragraphs 1 and 2, in addition to religious ministers, will be obliged to deposit if they were deslegate of duty of secrecy of the applicant or the authority concerned to keep him.
Art. 192.-President, before taking the testimony of the witness, will be asked to show: 1. the name, age, residence and do;
2. If it is relative or Bilberry with one party and to what degree;
3. If you are located in the service of one of the parties;
4. If the judgment is in enmity or ties of interest with any of the parties.
The President will put then in view of the duty of witness to swear and penalties it will suffer in case of perjury, Art. 193.-Witness will utter after President following oath: "I swear I voiu tell the truth and not hide anything that voiu from what I know."
Mutii and mutii stiutori the deaf book will be sworn in by writing the formula above and submitting it; see: the stiutori book will utter the oath. Those who do not know to write will swear by signs with the help of a convergence that will make more intaiu the oath provided for experts.
Art. 194.-witness who without good reason refuses to swear or to submit testimony, will be sentenced by concluding binding, to 500 to 5,000 lei from the rock and to damages towards the injured party.
Art. 195.-children under 15 years of age and those who because of slabiciunei of mind are deprived of Justice, can be heard without oath and without their statements to have strength of some testimonies.
Art. 196.-Each witness will be heard, particularly those unable to be neascultaţi front.
The order of witnesses will be statornicită President, taking into account the request of the parties.
After listening, the witness is still in the meeting room by the end of the research, out only if the Court decides otherwise.
The witness is allowed to ceteasca an answer written earlier; It can be used only with the consent of President scraps, but solely on the figures or names.
Art. 197.-Witnesses may again be asked, if the Court finds in its sole discretion.
Witnesses whose showdowns don't match, will again be wondering, being put face.
If the Court finds that the question asked by hand may not lead to absolution pricinei, is judgmental or tends to prove a fact whose evidence it's stopped by law, will not incuviinta. The Court, at the request of the party, will proceed in the concluding sitting of both the question and the reason that was removed.
Art. 198.-Testimony will write Yes Registrar, after dictating Chairman or judge-delegate, and it will be signed on every page and at the end they judge, court clerk and witness after he took his knowledge of the contents. If you witness anyone desires or is unable to sign, the speech is made about it.
Any additions, erasures or changes in the content of the testimony must be încuviinţate and signed by a judge, the Registrar and the witness, under penalty of being held in the account.
Unwritten places from statement must be complied with so as to not be able to add anything.
Art. 199.-If any research has shown strong perjury or bribing a witness, the Court will conclude the Protocol and will send a witness in front of criminal authorities.
Art. 200.-Witness may request to be paid and expenses to be compensated after the State or do according to his and the remoteness of the place of residence and the time lost.
The conclusion of the Court or the judge delegated is enforceable.
-Art. 201.-When, for the explanation of certain circumstances, in fact, the Court saw fit to know justifies the opinion of specialists, will appoint one or three experts, statornicind points over which they are to be decided.
Art. 202.-experts shall be called by the Court, unless the parties themselves agree down here upon their appointment. Termination of appointment and payment will fully establish proper experts.
Art. 203.-There will be appointed experts: 1. minors and interzişii;
3. those condemned for murder or for misdemeanor larceny, forgery, deceit, abuse of trust, offences against lying testimony, morality, loitering, abuse of authority, unlawful economic sabotage, speculation, or taking bribes, influence peddling, embezzlement, theft, breaking seals, offences against the internal and external safety of the State, slander or calomnioasă denunciation.
Art. 204.-experts can recuse for the same reasons as judges.
Objection must be requested within 5 days if Wizard dela appointment reason they exist at that date; in other cases, the term will flow from the way the date when an objection reason.
Recuzările is a public meeting, the judge with the attendance of the parties and the expert.
Art. 205.-Dispoziţiunile concerning the summoning, bringing with a mandate and punishing witnesses who are missing are both applicable to experts.
If the wizard fails to appear, the Court may order his replacement.
Also featured will be replaced and the wizard who refuses, without valid reason, to file the oath or receive expertise, may be subjected in this case through to conclusion and enforceable dela 500 to 5,000 lei.
Art. 206.-the wizard will deposit in room chizbuire or sitting, the following oath: "I swear that I will perform commissioned an expert with honesty and nepartinire."
Art. 207.-If experts can give without delay, will be listening even sitting, and their opinion will go into the minutes, drawn up according to art. 198. article. 208.-If expertise is needed for a job on the spot, she may not be made until after summoning the Parties recommended by postcard, with proof of delivery, indicating the days and times when you start and continue the work. Proof of delivery will be next to the work of the expert.
The parties are obliged to give the expert any explanations in connection with the subject of the work.
Art. 209.-Wizard named is indebted to submit work at least 5 days before the deadline decided for judgment.
Failure to work within can draw a fine from the presence of 500 to 5,000 lei; If in this case the wizard does not make work, the fine can be increased up to 20,000 Ron.
The conclusion of the sentence is enforceable. The fine will not be able to pick up only for valid reasons.
Art. 210.-When are more experts with outstanding views the work shall include a reasoned opinion of each.
Art. 211.-experts are required to appear before the Court to give desluşiri whenever it will be required, in which case they are entitled to compensation that will fully establish enforceable through closing. When he fails to appear, the fine shall be applicable provided by art. 205. Art. 212.-If the Court is not lămurită through expertise, may order completion a new expertise or expertise.
Otherwise you will have the required expertise, motivated the first term after submission, the work.
Art. 213.-experts, which will require or will receive payment more than statornicită, they will be punished for taking bribes.
At the request of experts, taking into account the work, the Court will be able to pay large closing date due by summoning the parties enforceable.
Art. 214.-If expertise is made by another court through delegation, the appointment of the experts and provides payment of what are appropriate will be able to leave this task instances.
-Art. 215.-in cases when the Court will need count, you could decide that the whole or only one of the magistrates to go on the spot in order to enlighten the fact that circumstances will show through.
Art. 216.-spot Research will be done with the attendance of the parties, can listen to witnesses and experts pricinii.
About the followed spot will conclude proceedings.
Art. 217.-When the Court go to the spot, will be accompanied by the Public Ministry, where present. It is required by law.
-Art. 218.-it will be able to call incuviinta when the interrogator is the personal facts, which were in connection with sake can lead to tighten them.
Art. 219.-the one called will be asked by the Chairman of each fact.
With the consent of the President, each of the judges, the Public Ministry and the antagonist, deadreptul can put questions to the one called to the interrogator.
No part is allowed to read a written response before. It can be used, however, the President, with the consent of scraps, but solely on the figures or names.
If the party declares that to meet the need to investigate the records, it will be able to ordain a new term for the interrogator.
Art. 220.-legal representative, curator or judicial Council may be called to the interrogator for acts concluded and committed deeds of him in this quality.
Art. 221. the interrogator replies shall be entered on the same sheet with questions, the interrogator must be signed on every page of the President, the Registrar, at which it is proposed, as well as the response after taking the knowledge of contents. All such additions will be signed, alterations or erasures shall, under penalty of being held in the account.
If the parties do not voesc or may not sign, it will make detection of the interrogator.
Art. 222.-State and other legal persons governed by public law, as well as legal persons governed by private law shall respond in writing to the questioning what will communicate.
It exempts companies from people whose associated with right of representation shall be summoned to the interrogator.
Art. 223.-a party is domiciled abroad, will be questioned through him who is suing.
In this case, the interrogator will be communicated in writing to the trustee, who will submit the answer given in part a special attorney and authentic. If the trustee is an attorney, special power of Attorney certified by it, is sufficient.
Art. 224.-the Court may in addition you need to incuviinta taking the House, if the party is prevented from coming to the Court.
Art. 225.-If the party, without reasonable grounds, refuse to reply to the interrogator or fails to appear, the Court may calculate these circumstances as a full confession or only as a beginning of proof in favor of opposing party.
-Art. 226.-the judge will be able, after the request of one party, the other party to give oath on certain facts that will look through the conclusion that decides the oath.
The judge will be able to reject the request if it is hurtful, oath or manifest bad faith given.
Art. 227.-the oath may be given only on a party or personal knowledge of what she does about any other fact.
The fact must be in relation to result in sake and her absolution; the oath may be given only in the causes that may be tranzactiuni.
Art. 228. The oath may be given throughout the worldwide judgment before the courts.
The questions will be put in writing and signed by the party giving the oath.
Art. 229.-before conducting sworn in, the President will look to the party to whom facts under oath and penalties against those who swear falsely.
Art. 230. the called to swear will utter after President following oath: "I swear to tell the whole truth as voiu regarding facts on which I ask confession".
Art. 231.-after he committed the oath, the Court will take that side heartened swore, what will go into the minutes, signed by the President, the Registrar and the swore.
If the party is unable or not wills to sign, will make the speech about this in the minutes.
Art. 232.-If the party, without reasonable grounds, does not appear to have the oath, the Court will calculate this as a nevointa from them to get to swear.
Art. 233.-When the oath was committed, the antagonist is not received proof that the oath was lying.
Art. 234. Dispoziţiunile-art. 230 and 231 applies and sworn by the judge gave in rigid conditions provided for in the civil code.
-Art. 235.-anyone who has interest to find emergency a person's testimony, an expert's opinion, the State of things, poignant or nemişcătoare, or to gain recognition of an inscribed, a fact or law, will be able to ask the management of such evidence, if they just disappear as distress or be difficult to manage in future application may be made even if there is danger in delay when their paritul give his consent.
Art. 236.-the application will turn before the District Court in the constituency that stands witness or subject to research, and during the worldwide judgment, judge at the Court.
The part will look like in the application of evidence which she claims, the facts prove why his choice, and danger or delay his consent paritului.
Paritul is not required to submit test prep.
The Court will decide in concluding date room through forethought.
In case of delay, the Court in distress will be able to incuviinta the request and without summoning the parties.
Art. 237.-Administration of proof will be made immediately or at term what will destine.
Art. 238.-conclusion of the Court is enforceable and can be attacked with the call within 5 days after delivery, if Dale ' gave summoning parties and communication, if he gave without citing them.
Completion date during a trial cannot be contested issues than with the Fund.
Art. 239.-anyone who has interest to find a given emergency status quo which might cease to change until the administration of evidence, will be able to ask the Court in Vienna which is expected to make its findings and to advise that works portarei, to delegate a portărel stating spot this state of affairs.
The President can incuviinta making the finding without notice the one against caruie, is required.
The report of findings will be made available in hard copy to the one against which he made the discovery, if it wasn't for the face.
He will furnish proof until evidence to the contrary.
Art. 240.-in case of distress in delay, the administration of evidence and a finding by portarei will be able to make and on holidays and even out the hours laid down by law, with the consent of the magistrate.
Art. 241.-evidence based on the generally referred to above may be used by the party it has not asked for their administration.
Expenses incurred in the administration of evidence will be kept in the account of the Court that the judge's sake.
Section IV the suspension worldwide judgment Art. 242.-the Court will suspend judgment: 1) when both parties require;
2) If none of the parties fails to appear at the second, pricinei.
However the plaintiff shall judge whether sake or paritul have asked in the written judgment in the absence.
Art. 243.-examining suspend Judgment right: 1) through the death of one of the parties unless the applicant asks for the inclusion in the probate judgment;
2) by ban, enforcement under curatorship or the Judicial Council, until the appointment of tutor, curator or judicial Council;
3) through the death of one of the parties, the representative decided with less than 15 days before the day of the presentation;
4) by termination of their tutor, curator or judicial Council;
5) by declaring the bankruptcy of one of the parties, when falitul must be represented by the Syndic.
The facts referred to above do not prevent the delivery of the judgement, if they were coming along after closing desbaterilor.
Art. 244.-the Court may suspend judgment: 1) when untying the pricinei hang, in all or in part by the existence of a badly formed or covered by another judge;
2) when a crime occur, hints of finding they had a previous judgement over leaven to be given.
The suspension will last until the judgement pronounced in May because of which gave rise to the suspension has become irrevocable.
Art. 245.-resume Judgment: 1) by application for reopening of one of the parties, when it was suspended by his consent of the parties or by their absence;
2 request for reopening) through, done with the brightness of the heirs, the tutor, the Judicial Council, represented by the trustee, the new trustee or sindicului, in the cases provided for by art. 243. Section V waiver of judgement and renouncing as Art. 246.-an applicant may at any time waive, either verbally or through the written request.
Surrender to judgment are found through the closing date without appeal.
If the renunciation was made after submission of the application for registration of the judgment, the Court at the request of paritului, will oblige the plaintiff from expenditures.
When the parties entered into the desbaterea Fund, the surrender cannot be made except with his consent to the other party.
Art. 247.-in case of waiver of the right claimed himself, the Court gives a decision whereby it will reject the request and will decide on spending. Quitting can be done right and without his consent to the other party, both in court and in the first call.
Surrender shall be noted in the meeting or in writing.
Judgement is given without appeal.
When the waiver is made in the Court of appeal, the decision of first instance will be canceled in all or in part to the extent of the surrender.
Section VI Art Obsolescence. 248.-Any of the original judgment, the appeal of opposition, appeal, review, and any other application or revoking reform and rule of law reforms, even against incapabililor if stayed in lost not the fault of the party for a year is not the fault of the counts, when the Act of procedure was to be performed ex officio.
The term perimării not flowing as long as without fault, the demand side ' has yet reached the Court jurisdiction to a judge or court may ordain term.
In commercial matters, the term lapse is six months.
Art. 249.-Obsolescence is interrupted by performing any act done for the purpose of judging procedure pricinei.
Art. 250.-perimării Course is suspended as long as the suspension is handed down by the Court in worldwide judgment cases provided by art. 244. In the cases provided for by art. perimării 243, is suspended for a period of 3 months after the date when was Lyssa spent facts that have occasioned the suspension worldwide judgment, if these facts were ultimately spent six months of the term of lapse.
Obsolescence also adjourn on time part is impeded by the judgement because lets take some circumstances beyond his will.
Art. 251.-where are several applicants or applications together pariti lapse or the Act of procedure switch liquidated one uses and others.
Art. 252.-Obsolescence are found on their own initiative or at the request of the party. The President of the Court will cite emergency parts and will require that the graft to draw up a procedure on the acts in relation to obsolescence.
The decision is subject to appeal; the term streaming dela pronouncement.
Art. 253.-Obsolescence may be invoked and exception. In this case the decision which is subject to appeal ruling obsolescence, and the conclusion of rejection can be appealed only with the pricinei Fund.
Application of obsolescence of the judgment cannot be raised in the Court of appeal.
Art. 254.-as a result of Obsolescence has like all the acts of procedure made in that Court does not produce effects.
When, however, you are making a new claim in judgment, the parties may use the evidence during his trial and managed application date, insofar as the new Court counts that is not need redoing them.
Chapter IV section I General decisions of the Dispoziţiuni Art. 255.-Decisions by courts examining imposing are called to court, the books of judgment, and the Court and the Court of Cassation, deciziuni.
All other dispoziţiuni taken during closings worldwide judgment call.
Art. 256. desbaterilor-after the end, judges chibzuesc secretly, either sitting in either the Chamber of forethought.
After gathering the views of forethought, Chairman of judges, starting with the newest in operation or with the youngest of the asesorii folk he's ruling out the latter.
Art. 257.-If the legal majority may never meet, will judge the sake again in complete diverginta on the same day or no later than 5 days.
The courts, opinions will have to be permanently motivated before judging dispute, unless the judgment. is made on the very day when she appeared in the divergence.
Desbaterile will be replayed on the remaining points in diverginta; If, after the judgment of the divergintei will be more than two opinions, justices whose views are much closer, ought to unite in a single opinion.
Judges may revert to their views, which have caused the divergence.
After judging the remaining divergence points, the Panel judged her appearance before it will be able to continue prosecuting pricinei.
Dispoziţiunile paragraph 1. 3 apply through resemblance and in cases in which the courts are composed completele number without a spouse.
Art. 258.-after he met most, will be drawn up without delay, in short, the decision, which shall be signed under penalty of nullity of the judges and the Registrar and that will look alike and remaining in the minority opinions of judges.
He ruled as President, meeting, even in the absence of the parties.
After the pronouncement of the judgement any judge may not revert to his opinion.
Art. 259.-Decisions given in the appeal shall be signed by all judges, without showing minority opinion.
Art. 260.-If the Court cannot decide without delay, pronouncing it will delay for a time limit which the Chairman will announce and who will not be older than 7 days.
The magistrate who took part in the judgment of the authority which is competent to rule, even if it no longer forms part of the composition of the Court, unless he ceased to be a magistrate.
Asesorii folk whose functions have ceased, as the case may be decided within the term for the pronouncement.
Art. 261.-the decision is given in the name of the law and will feature: 1) showing that the Court pronounced a and name judges who took part in the trial;
2) name, domicile or residence of the parties, the capacity in which were judged; the names of the agents or legal representatives and lawyers;
3) applied for and sustaining in shorthand with the brightness of the evidence;
4 concluziunilor of the Public Prosecutor appearing);
5 reasons) fact and of law which formed the conviction the Court, how and which were removed the requests of the parties;
7) appeal and the time limit within which it may be exercised;
8) showing that the pronunciation was made in the meeting, as well as the signatures of the judges and the Registrar.
If, after delivery of the decision, one of the judges is prevented from signing, the President of the Court will be made accordingly. Wraith
The remaining judges in the minority opinion will have to be given for the decision.
Art. 262.-in cases where judges can give time for execution, they will make it through even the decision, pointing out that desleaga and the reasons for which they nodded.
Art. 263.-the debtor will not be able to require term, neither will be able to enjoy the time that i was given, if his assets are sold to another lender after application, if it is in a State of bankruptcy or insolvency, or if the deobste known by his deed has reduced the guarantees in the contract giving the creditor or, or if not given the promised guarantees.
Art. 264.-When motivating the decision cannot be made until the date of pronouncement, she will be made no later than 15 days following the date of dela. If the Court was made up of several magistrates, the President will be able of completing one of them with the drafting of the decision.
The remaining judges in the minority opinion will have to be drawn up at the same time as the decision.
Art. 265.-Additions, changes or erasures shall in the judgement will have to be signed by the judge, under penalty of being held in the account.
Art. 266.-the decision will be made in two originals, one of which will be joined to the pricinei folder, and the other will be passed in a register or will serve in the establishment of a special file.
For the judges, the first President of the Tribunal will be able to incuviinta, instead of the second copy of the book to pass judgment in a register the device they signed by the judge and the clerk who took part in the judgment.
The decision shall be communicated to the parties in the copy, if it is necessary for the flow of an ordinary horse.
Art. 267.-After delivery of the decision, the party may be waived in the Court of appeal, making the Wraith in the minutes signed by the Chairman and the Registrar.
Waivers can be made and as a result, by the appearance of the party before the Chairman or in writing.
Art. 268.-will be given the decisions leading up to the same number of votes as decisions.
Judges are not bound by these closings.
They are related to those conclusion which did not decide in everything, preparing her absolution.
Any dispoziţiune made by the Court through the discharge will be motivated Art. 269.-Decisions will be invested to the enforceability in the face: "we, the Presidium of the Romanian people's Republic:" (Here follows the table of contents of the decision). " Give power and administrative agents to execute command this (decision); prosecutors to staruiasca for bringing them to fruition. Towards faith, this resolution was signed by t. .. (the President's signature and follows the Registrar) ".
Investment decision will be given only to the party that won or her representative.
Section II partial Decisions Art. 270.-If you recognize a part of the paritul pretentiunile of the plaintiff, the Court, at its request, will give a resolution partially insofar as recognition.
Section III Decisions which the lyrical învoiala parties Art. 271.-the parties may at any time depicting during worldwide judgment, without even having been cited, to ask to be given the decision that their învoiala to consfinţească.
If the parties to appear at the judgment day for now, demand for the lease of the judgement will be able to be received, even by a single judge, following that decision by the Court to be the date of the meeting.
If they appear in ' another day, the Court will give the decision the Board of forethought.
Art. 272.-Învoiala will be represented in writing and it will compile the device decision.
The rural courts may be represented învoiala and verbally; in this case, it will be passed into a report which will be made with the application, by similarity, the dispoziţiunilor provided for in art. 82, par. II, and which will be passed the judgement what will give.
Art. 273.-Decision that sanctioned the învoiala parties are given without appeal.
Section IV costs Art. 274.-the party falls in pretenţiuni will be obliged, upon request, to pay court costs.
Judges may not decrease the costs of stamp tax procedure and tax payment commensurate compensation experts, witnesses, and any other expenses which the party that has won, will turn out like they did.
But judges have the right to raise or lower the fees of lawyers, in accordance with those set out in the fees, will establish minimum whenever motivated as are inappropriate for small or large, from pricinei or work performed by a lawyer.
Art. 275.-Paritul, which has recognised on first appearance, pretentiunile the applicant, shall not be obliged to pay the costs, except only if it was put in the delay before calling in.
Art. 276. pretentiunile-When each of the parties were încuviinţate only in part, the Court will appreciate to what extent each of them may be ordered to pay the costs, and make their compensation.
Art. 277.-If you are several plaintiffs or more, her lime pariti be forced to pay legal costs evenly, proportionally or jointly, in accordance with the interest that has each or report as the way of them.
Section V implementation of temporal Art. 278.-decisions of the first instance of law are enforceable when they have as their object: 1) salaries;
2) compensation for accidents at work;
3 payments or pensions);
4) reparaţiuni as soon as possible;
5) or picking up peceţilor times making inventory;
6 issues regarding tenure), but in terms of possession;
7) in the case set out in art. 270;
8) in all other cases in which the law provides that the decision is enforceable.
Art. 279. incuviinta-the Court may execute judgments concerning temporal goods whenever you find it fit as far as need is the obvious merits of law and with the status of insolvency of the debtor or that there is manifest distress in delay; in this case the Court will be able to compel the giving of security.
Temporal execution cannot be incuviinta: 1) with regard to the resettlement of borders or the winding up of constructiuni;
2) when by decision ordering termination of a preparation or of land.
Application execution may be temporal and verbally in court until the closure of the desbaterilor.
If the request was rejected by the first instance court, it can be done again.
Art. 280.-Request for suspension of interim execution will be able to be done with the call, particularly throughout the Court of appeal.
The request will be submitted to the Court or to the first court of appeal, in which case it will join in the certified copy of the decision device.
Request for suspension shall be judge of the Court of appeal.
The suspension will be accepted with or without bail.
Up to tighten the suspension demand, the suspension will be approved through Presidential Ordinance fleeting, even before the arrival of the dossier.
Section VI Shifting decisions Art. 281. — Trespasses on the name, quality and contention of the parties or those scores, as well as any other mistakes, take the materials can be directed, on its own initiative or following a simple request.
The Court may cite, when parties find it fit for some explanations.
Moving will be done in both copies of the judgement.
The time limit for appeal against the closure of the correction date over flowing, dela, when declaring parties were summoned.
Dispoziţiunile above apply, through resemblance and mistakes in the closing take.
Title IV ordinary Remedies appeal section I section I Call the term and call Art Forms. 282.-Books-Court are subject to appeal to the tribunal, and the sentences given in first court, appeal to the Court.
Against the discharges run-up can't appeal than with the Fund.
Appeal made against the judgement is made and counts against the discharges.
Art. 283.-part, who gave thanks in writing of a decision or executed it willingly, it no longer has the right to appeal.
The party who has executed the decision in part, shall have the right to appeal to the other ends of the judgement.
Art. 284.-the term of appeal is 15 days from the way of communication, if the law otherwise.
The term call flows even though the communication of the decision has been made with the domicile.
If a party appeals before the communication of the decision, it counts on the filing date.
Art. 285.-the term of call is interrupted by the death of the party who has interest to appeal. In this case, again one of judgement, at the home of the heritage party, without showing the name and quantity of each heir.
The time limit for appeal will begin to run again from the presence of the date of communication. For those unable, heirs with restricted capacity or missing, or in the case of inheritance, the term will run from the day on which it will be called the tutor, curator, judicial Council or the provisional administrator.
The call does not in itself constitute an act of receiving inheritance.
Art. 286.-the term of appeal is also interrupted by the death of trustee to whom the communication was made. In this case it will make a new communication to the party, her home, and the deadline for appeal will begin to run again from the way this time.
Art. 287.-Application of appeal shall contain: 1) the name, domicile or residence of the parties;
2) showing that it is attacking the decision;
3 reasons) fact and law on which the appeal is based, unless the impugned decision was rendered on the basis of lack of the interrogator;
4) evidence relied on by the appeal;
The requirements of points 2 and 5 from the rock are set out under penalty of nullity, and sections 3 and 4 removed from him, under penalty of revocation. These requirements can be fulfilled until, at the latest on the eve of the day of appearance, and the absence of a signature, in generally provided for in art. 133. II.
When the proposed evidence are witnesses or records not shown at the first instance court shall apply to dispoziţiunile art. 112. article. 288.-at the request of appeal will be joining so many children, how many intimaţi are.
The appeal shall be lodged to the Court whose decision is attacking under penalty of invalidity.
The President shall submit to the Court of appeal together with the folder only calls made after expiry of appeal for all parties.
However, the call will be sent immediately if she made an application for suspension of the judgement of first instance.
Calls made against the same decisions will be assigned to a single section.
Art. 289.-the President of the Court of appeal, as soon as it receives the dossier, will destine term appearance, according to dispoziţiunilor art. 114 and will require the attendance of the parties.
At the same time, it has to communicate intimatului with the summons, a copy of the application, together with copies of certificates from records side by side and that have not been presented to the court first, and put them into account to deposit the files according to welcome dispoziţiunilor provided for in art. 114. where are more intimaţi, dispoziţiunile art. 113 shall apply through the resemblance.
Art. 290.-When calls made against the same decisions were assigned to special sections, the section President invested as a result of having, on request, the handoff to the section first invested.
Art. 291.-in cases when intimatul does not receive, within the period prescribed by art. 114, communicating the reasons for the appeal and the evidence adduced, we can ask, at first look, a time limit within which to submit the file as welcome.
In the case shown above, if intimatul is missing, the Court shall order the communication in order to submit the greeting.
Art. 292.-the parties will not be able to use it before the Court of appeal for other reasons, means of defence and evidence than those put forward at first instance court or referred to in the request and welcome addition to the case referred to in article 1. 138. article. 293.-Intimatul has the right, even after expiry of the appeal, to acquire the request call made by the antagonist's side, through the application, to the entrance hall to the reformation of the judgement of first instance.
Appropriation request for appeal shall be made by or to welcome the first day of appearance in the forms foreseen for the request.
Appropriation request for appeal is not received when its done only for costs and expenses.
Appropriation request for appeal will be rejected when the appeal was withdrawn not later than the first day of appearance or when he was rejected for reasons not attract Research Fund.
This provision shall not apply if the appropriation of call made within the time limit for appeal.
Section II Judgment call Art. 294.-In call cannot change the quality of the parties cause or object of the application for judgment summons, nor can we make other requests noui. Excepţiunile procedure and means of defence are not considered requests noui.
They will be able to ask for but interest rates, incomes, to term and any other damages arising after the giving of the judgement of first instance. It will also be able to propose legal compensatiunea.
Art. 295.-evidence given to the Court may be first restores the appeal, if the Court finds them wrong or neîndestulătoare.
Art. 296.-the Court of appeal may keep or change in whole or in part the contested decision.
Art. 297.-When it appeals against the judgement whereby the first court s ' recompetenta said, if the Court of Appeal found the appeal well founded, the contested decision will change and declaring themselves-is competence, will judge the sake.
If, however, the Court will first be declared jurisdiction, and the Court of Appeal found that it was principally concerned, changing the decision under appeal, the Court will look like, to whom he will send towards sake.
Art. 298.-Dispoziţiunile of procedure laid down for the first court shall also apply to the Court of appeal, whereas they are not hostile to those contained in this chapter.
Chapter II section I Term Appeal and appeal forms Art. 299.-Books-Court deciziunile Courts, sentences and the last court data, as well as the decisions of the Court in the last data jurisdictiunile are regulated by special laws, subject to appeal.
Art. 300.-Resursul suspend the execution only causes relating to borders and abolishing the resettlement of constructiuni, and in the cases specifically provided for by law.
The party made the appeal court may wax Fund suspended: 1) if the decision under appeal with the appeal the payment of a sum of money; the suspension will be approved as soon as the amount due to interest and costs has been made to ensure the full payment;
2) If judgement was given in other issues, the suspension will be accepted only with the giving of security, which will be called after hearing the parties steadfast in forethought.
If the appeal is rejected, the case referred to in paragraph 1, the amount will be released at the request of the creditor; and in the case referred to in paragraph 2, the securities shall be free depunatorului, only if, within one month from the presence of the rejection of the appeal as he did not claim for compensation.
If the appeal is upheld. the first instance court has release an amount deposited immediately, on the basis of a certified copy of the Court decision on the appeal.
Art. 301.-the term of appeal is 15 days from the way of communication, even though by law ' would be willing: otherwise.
Art. 302.-the appeal is submitted to the Court whose decision is attacking, under penalty of invalidity.
Art. 303.-the appeal will motivate through the application itself, or within the time limit for appeal.
The deadline for submitting reasons it counts dela judgement, communication even though the appeal was made before.
The reasoning of the appeal will include reasons for appearing and developing instructions in their hand.
The appeals judge who is at the Court of Cassation shall lodge a copy more on reasons for breaking Public Ministry in pricinele where it is required under the law to put concluziuni.
The President of the Court, which receives the request for appeal, you will be able to return to present party, if not meets the rigid conditions provided by law, to be rebuilt, extending the time limit for appeal with 5 days.
Within 15 days from the rock intimatul communication, reasoned appeal will welcome at court where he lodged an appeal.
After the expiry of the above, the Fund shall submit to the Court of appeal the folder along with the evidence of communication of the decision appealed against or with necomunicarii motif appearing on them.
Art. 304.-end of a judgement may be required: 1) when the Court was not composed according to dispoziţiunilor;
2) when the decision was given by the other judges than those who took part in the desbaterea of the pricinei;
3) when the Court has exceeded its competinţa;
4) when the Court has exceeded its power is given by law;
5) when judgment was followed up with the breaking of the procedure that generally attract the penalty of invalidity art. 105 al., out only if it requires a check of the circumstances actually apart of the dossier 6) when the decision does not cover the reasons relied on foreign grounds when comprises or Acha pricinei;
7 rendered) when the decision is devoid of legal basis;
8) when judgment was pronounced on a defence or in an evidence, that were administered previous for absolution, pricinei;
9 date of decision) when he or she misapplied the law;
10) when the decision contains a serious mistake of fact;
11) when the Court, under the word interpretation, has changed the nature of the conventiunii parties, or changing its meaning more clearly, and undoubtedly heavily biased.
Art. 305.-There will be received the request for appeal, justified on the grounds that ' have been proposed before the worldwide judgment, unless these reasons relating to the public order.
Art. 306.-the appeal is null if it was not motivated the lawful time limit.
Reasons of public policy may be invoked and ex officio of the Court of appeal, which, however, is obliged to put them into desbaterea.
Wrong reasons for showing the appeal does not involve the nullity of the appeal if possible give reasons for development of their classification into one of the grounds provided for in art. 304. Art. 307. Trainee Lawyers-I can not establish grounds for cassation nor to plead before courts of appeal.
Art. 308.-Term will ordain only after the contested decision was notified to the appeal.
President, sorocind term, may appoint a judge to draw up a relevant account on the appeal.
The Court of Cassation, account is mandatory and will be prepared by an adviser or Assistant of a magistrate.
Tax account will contain briefly appearing in application object, unlink the last court date pricinei and findings that, to the extent that there is a need for absolution.
The magistrate, without having to show his opinion, will give desluşiri the statement account: 1) on form requirements;
2) of the grounds relied on by the decision under appeal and if you unlink the date under the decision fits with the jurisprudence of the Court of Cassation, or doctrine.
Putting account will have to be made at least 5 days before the day of the presentation.
Section II the judgment quashing the appeal and effects Art. 309.-the President will give the word parties after reading the statement of account.
The public Ministry speaking at last, unless it is the main part.
Art. 310.-unless it turns out, the first day of appearance, that the appeal had been filed over this period or if the proof is in the folder, it will be done on time.
Art. 311.-Decision quashed has no power.
Enforcing laws or insurance made in the power of an ghimpu are dismantled.
Art. 312.-the Court of Cassation will become available when the casează, as the same be sake sent the Court judgment again by other judges.
When the proper interests so require, the judge may because it will be sent toward the judgment of another court of the same degree.
If the Department whose decision has been quashed ceased to have legal existence because being will be sent to a Court of the same degree, and failing with like.
Art. 313.-the Court of Cassation will decide on the Fund pricinii: 1) whenever it is necessary to make a simple law enforcement fully proven in circumstances, such as if the power of the force of res judicata or of prescripţiunii, or the like;
2) when a decision on which of the casează nodded an appeal not admitted or made over legal term;
3 cancel a decision) when the antagonist an irrevocable judgment;
4) wherever the law provides for this.
In these cases, the Court of Cassation deciziunii execution will be done by the first instance court, at the request of the party and through the mediation of the Court of Cassation.
Art. 314.-the Court and the Court of Cassation in the case, the judge's sake.
However, when the decision was quashed on the grounds of necompetenta, the Court will send the appeal to the Court from continuing jurisdiction.
After breaking, the Tribunal retains the sake first or last competintei Court, according to its rules.
Art. 315.-in case of breakage, the decisions of the Court of appeal on points of law deslegate are required for the judges of the Fund.
In the event of non-compliance with procedural instructions for the forms, the judgment will recommence dela Act cancelled.
After the destruction, the first instance court shall judge again, taking into account all the grounds before the Court whose decision was quashed.
Art. 316.-Dispoziţiunile of procedure laid down for appeal, apply, by similarity, and on appeal, to the extent that they are not hostile to those contained in this chapter.
Extraordinary Ways title V chapter I appeal the appeal in annulment Art. 317.-decisions of the irrevocable letters of credit can be attacked with contenstatie in cancellation, for the reasons indicated below, provided that these reasons were not able to be invoked on the ordinary appeal: 1) when calling the procedure, for the day when he was on trial, was not carried out according to the requirements of the law;
2) when the decision, was given by the judges with the breaking dispoziţiunilor of public policy relating to competinţa.
However, the opposition may be received for reasons more susaratate, if these reasons were invoked by an application for appeal, but the Court rejected them because they needed factual checks or if the appeal was rejected without him having been judged in the background.
Art. 318. The judgements of appeal can be appealed with the opposition when absolution date is the result of a mistake or when the Court, rejecting the appeal or being admitted only in part, inadvertently failed to investigate any of the grounds for cassation.
Art. 319.-Insert to the Appeal Court, whose decision is attacking.
It can be done before the start of the execution, and throughout them; until the end of the enforcement act, Art. 320.-Emergency Appeal judge and shall in particular.
Meeting is not mandatory.
Judgement date in opposition shall be subject to the same ways of attack as the decision under appeal.
Art. 321.-can't make a new opposition on grounds which existed at the time of the first.
Chapter II Review decisions Art. 322.-revision of a judgment in court, gives the remaining call or through neapelare, as well as a decision of a court date for appeal when evoking the Fund, may be required in the following cases: 1. If the decision includes dispoziţiuni opposing what you cannot bring to fruition;
2. If he pronounced over some things that were not asked whether or not he pronounced the work demanded. the times ' gave more than he asked for;
3. If the object of the pricinei is not in being;
4. If a judge, witness or expert who took part in the judgement, was sentenced for an offence concerning irrevocably to sake or if the decision was given under a declared false in the course enrolled or worldwide judgment, or if the juror was convicted irrevocably for forgery;
5. If, after putting the judgement, they discovered the evidence withheld records on the side of the antagonist or that could not be portrayed from a circumstance beyond the control of the parties, or if the revised decision of a criminal court or administrative provisions which it was founded;
6. If the State or other legal persons governed by public law, or public utility, dispăruţii, incapabilii, or those placed under curatorship or the Judicial Council were not defended place or were shielded with the cunning of those charged to protect them;
7. If there are divergent decisions of data attributes, instances of the same degree or degrees, in one and the same, between the same people with the same quality.
These dispoziţiuni shall also apply when decisions are divergent data instances of appeal. When one of the instances is the Court of Cassation, the request for review will be judge of this Court;
8. If the party was hindered to portray the judgment and to notify the Court thereof, from circumstances beyond his will.
Art. 323.-request for review is proceeding in the Court which gave the decision and whose remaining completed review is required.
In the case of art. 322 point 7, the application for review will head to court higher in grade compared to the Court or courts that have ruled opposing decisions. When the two courts that have given divergent decisions, form part of the judicial districts, the Court higher in degree to which to move the request for review, will be that of the Court which gave the first decision.
Art. 324.-Term Review is one month and counting: 1. in the cases provided for by art. 322 items 1, 2, and 7, of. I, from the communication of attributes, and decisions when the decisions were given by the Court of appeal after evoking the Fund, from the pronouncement; for the decisions referred to in paragraph 7, al. II, from the delivery of the last judgment;
2. in the case provided for in article 4. 322 point 3, from the latter act enforcement;
3. in the case provided for in article 4. 322 (4), the day on which the Party took knowledge of the criminal court decision sentencing the judge, witness, expert or party who swore or decision that declared the falsehood of manuscripts;
4. in the cases provided for by art. 322 point 5, the day he discovered the entry;
5. in the cases provided for by art. 322, point 6, from communicating the decision made perfect State times other persons governed by public law or of public interest, or return of dela dela dispărutului times acquisition ability; in these latter two cases the term being 6 months.
In the case of art. 322 the term section 8 review is 15 days and it reckons dela cessation preventing.
Art. 325.-the Court may suspend the execution of the decision whose review is required, under the condiţiunea put a security.
Art. 326.-request for a review is provided for the judge's request, according to dispoziţiunilor of the original judgment.
Meeting is not mandatory.
Art. 327.-If the Court means that the request for review, it will change, in whole or in part, the decision under appeal, and in the case of divergent rulings, she attributes will annul the latter decision.
It will make the decision about the date of the review, the original decision reviewed.
Art. 328.-Decision on the revision is subject to the remedies provided by law for the decision revised.
If the review was requested for opposing decisions, the appeal is the appeal.
Chapter III Special Appeals Art. 329.-the Public Ministry of the Court of Cassation, either directly or at the request of the Minister of Justice can be found with the appeal of law before the Court of Cassation, in sections, for violations of the law: 1. decisions or decisions with data attributes the appeal, to the Court of Cassation; This appeal is not prevented by the appeal made by the parties for a special reason;
2. the decisions which have been given a right of appeal from other courts and became irrevocable.
Disposal will be made in the interests of the law and only absolution date points of law is binding on the courts and prosecuted.
Deciziunile Court of Cassation will be brought to the attention of the Ministry of justice courts.
Art. 330.-the Minister of Justice, directly or through the intermediation of the Attorney general of the Court of Cassation, can be found with further appeal before this Court, decisions or laws by which judges have power to them is given by law or had committed crimes on the occasion of pricinelor research.
In the latter case, after cancellation, the Court of Cassation, will meet as soon as the Court of Justice for prosecuting those responsible.
Title VI miscellaneous chapter I Proceedings Ordinance presedentiale Art. 331.-Judge Tribunal, Court President Dale, President of the Court or their substitutes will be able to order interim measures in cases as soon as possible, to maintain a law that ' would păgubi by delay, to prevent an imminent and that there were no ' might fix it, as well as for removing piedecilor what would arise on the occasion of a levy.
The Ordinance will be date and without summoning the parties.
Using the alternate judge and can not rule such an Ordinance.
President or judge does not fall to do very well, when incuviintari the Court ' would have jurisdiction.
The Ordinance may be given even when there's a judgment as to its merit.
Order is temporal and enforceable. The President or the judge will be able to decide that the execution to be carried out without formal notice or without any transition period.
Art. 332.-Order is subject to appeal within 5 days after delivery, if Dale ' gave summoning parties and communication, if he gave without citing them.
Ordinances given by judge are subject to appeal to the tribunal.
Ordinances of the President of the Court or data of the Court are subject to appeal before the tribunal or the Court.
The Court of appeal may suspend execution until the judgment under appeal, the condiţiunea put a security.
The time limit for appeal will be 5 days delivery for those generations from present, and for the lack of communication.
Enforcement cannot be suspended on the grounds of the appeal.
Call and notice of appeal shall judge the urgency and, in particular, in the living room of forethought, summoning the parties.
Against the execution of presidential Ordinances may be opposition.
Despărţenia Chapter II Art. 333.-request for despărţenie is competinţa Court in the constituency that stands at the domicile of the spouses. If the spouses have no common domicile, or if it had none of the spouses is no longer locueste in the constituency in which the Court is located at the home, court jurisdiction is the district which is domiciled, and paritul when paritul does not have a domicile in the country, is the competence of the Court in the constituency to which the plaintiff is domiciled.
Art. 334.-Husband fired again and he may make application for despărţenie, at the latest before the first day of appearance, sitting in public works spent before that date. For spent after that date, paritul will be able to apply before the desbaterilor upon the applicant's request, in the Fund.
Paritului request is made at the same court and judge along with the applicant's request.
Art. 335.-in cases when the reasons for despărţeniei were occurring after the commencement of the first desbaterilor Court and while judgment demands first stood in the paritului call, the application will be made directly to the Court vested with the judgment call.
Art. 336.-failure to demand within the time limits indicated in the articles above shall entail the forfeiture for the husband fired again to ask despărţenia, unless the complainant's application was rejected and the reasons for despărţeniei were coming along as a result.
Art. 337.-request for alimony will be made to the District Court holding the application for despărţenie, even if in the meantime they appeared about to change parties.
Art. 338.-request for despărţenie will feature in addition to those provided by law for the application of the judgment, the names of minor children born of the marriage or who enjoy a legal status of legitimate children towards both wives and children recognized by them.
If there are minor children, it will do the Wraith.
On request, it will join an extract of marriage and an extract of minor children.
Paritul is not held to do test prep.
The interrogator and the oath cannot be required to prove grounds for despărţenie.
Art. 339.-the judge will be able to get on demand even before the first day of appearance, interim measures during the worldwide judgment, about Presidential Ordinance, with respect to the residence of the spouses, minor children and the custody of the alimony.
Art. 340.-in the courts, the parties will be in person, depicting out only if one of the spouses performs a deprivation of liberty, is prevented by serious illness, is placed under interdiction or is resident abroad; in these cases, the parties may be depicting through an agent.
Art. 341.-the judge will cite the parties into the room, and forethought on the day of the presentation will give advice that will find husbands, trying to reconcile them. If the applicant is missing, the judgment shall be suspended.
If isbuteste or not placating if paritul fails to appear and the plaintiff sued starueste, the judge will destine the Court term.
Art. 342.-If the time-limit shall be decided to depict only paritul, the request will be rejected as unsupported.
The applicant's appeal against the book of judgment by which he rejected the request, will also be rejected as not supported, if the judgment is presented only intimatul.
The call paritului will be prosecuted even if they depict only the complainant.
Art. 343.-the Court may pronounce despărţenia. against both spouses, even when only one of them has made the request, if it is apparent from the evidence managed amandorora's fault.
Art. 344.-an applicant may abandon the application throughout the worldwide judgment in the courts, even if the paritul oppose. Surrendering the appellant has no inriurire on the request made by fired again.
Application of despărţenie goes out through the reconciliation of the spouses.
The complainant, however, will be able to start a new request for facts and spent after reconciliation, in this case he will be able to use and old facts.
Art. 345.-Appeal suspend the execution.
Date of decision on the matter of despărţenie is not subject to review.
Chapter III Applications regarding ownership Art. 346.-Applications regarding ownership shall be allowed only if: 1. It wasn't a year dela Wherefore or dispossession;
2. The plaintiff proves that, before that time, he possessed at least one year;
3. Known as generally required by article 92 meets. 1846 and 1847 of the civil code.
When the deposition or turburarea was done through violence, the applicant is exempt from making the proof required in points 2 and 3 of this article.
Judge demands emergency is motorists and especially.
Meeting is not mandatory.
Art. 347.-such requests can be made and for the safety of servituţilor continuous and apparent.
Art. 348.-holders of Claims can be made, and the one that holds the interest or own work under a contract with the owner, out only if turburatorul is the one for which he holds.
Chapter IV Rebuild missing records and decisions Art. 349.-Dossiers pertaining to pleadings or a developing sake, missing in any chip, you can replenish itself vested with the Court judgment of the pricinei.
To this end, the Court will destine term, even ex officio, citing the parties, witnesses and experts; will ask for copies of records that have been sent to the authorities and that the parties have used, or on records submitted by the parties, at the same time to be out of the Court all records relating to data records what FileOpen. Notarized copies of the missing records on what lies to the other parties, or persons or authorities may be using the file.
The conclusion of the recovery is not going to be able to attack than with the Fund.
Records thus recast related place originals up to finding them.
Art. 350.-If missing folder or entries looked a pronunţase in which the suffering of a decision of the first court and against whom it is made, call this decision will restore the after, the second copy of the judgement of the Court kept the first; and if that copy would be gone, they will be able to use the certified copies on the recovery decision, which were entrusted to the parties or other persons.
To this end, the Court will have to be made of its publicaţiuni in the Official Gazette and in a newspaper spread, with more appearing as any owner of a copy of his decision, on a deposit at the registry of the Court that ordered the publication.
If judgement cannot restore the path shown above, or if the parties or being tagaduesc of contents ' records on the decision, it will restore their steps by the Court of appeal, in accordance with the dispoziţiunile shown in the article above.
If the folder you cannot remake, the Court of appeal judge from continuing in the background again.
Art. 351.-If missing folder or a records looked up because in that decision is a perfect pronunţase remaining, that decision. will remake the Court Fund, after, the procedure under art. 349 and 350.
Book III Dispoziţiuni out-of-court procedures relating to General Art. 352.-applications for absolution is needed without the mediation of the Court shall pursue the establishment of a law-averse towards another person, such as are those concerning the giving of legal autorizatiunilor, or the legal measures of surveillance, protection times, are subject to the dispoziţiunilor procedure shown below.
Art. 353. non-contentious Applications which are-in relation to a work, or an ongoing sake from a court or that it had released it, or if the issue of a document, the securities that are in a warehouse, it will take you to that Court.
Art. 354.-the application will contain the name and permanent address of the person who is doing it and the people he asked to be called before the Court, as well as appearing briefly, motivating and signature.
She will be accompanied by records relied on.
Art. 355. competinţa-check their Court ex officio may ask the party what you need.
If the Court declares, is principally concerned, will send the dossier to the Court of law to decide.
Art. 356.-If the application, by itself or through its contents obiectiunile raised by the persons cited or intervening, present a contentious nature, the Court will reject.
Art. 357.-Conclusion by which it means that the application is enforceable.
It is subject to appeal.
The term call will flow from the way the pronunciation were front and communication, for those who are inexperienced.
The call can be made by any person interested, even if it was not subpoenaed to demand absolution.
Call is made in a single, unaccompanied children.
Enforcement conclusion may be suspended by the Court of appeal, with or without bail.
Call and notice of appeal shall judge in forethought.
Art. 358.-Decisions have not power work judged.
Art. 359.-procedure referred to in articles above are complete with dispoziţiunile of contentious procedure, insofar as they are not opposing nature. out-of-court
Non-contentious subjects for which the law provides for a special procedure remain subject to special dispoziţiunilor, which will be integers as in the card front.
Art. 360.-litigious/out-of-Court Procedure shall also apply in cases where the law gives the President's fall to the Court to take measures necontecios.
In these cases, the President is held to decide the conclusion no later than 3 days from the way of receipt of the request.
The call against the conclusion given by the judge and a court judge Dale is a courthouse, and appeal against the closure of the President of the Tribunal data or the Court shall judge of the bench of the Court concerned. '
Article 2 articles in Book VII of the code of civil procedure, shall be replaced by the following: "dispoziţiuni LIVE Dispoziţiuni final Art BOOK. 729.-Dispoziţiunile of the code of procedure for face make up common law in civil and commercial matters; They shall also apply in the matters provided for by other laws to the extent that these do not include divergent dispoziţiuni.
Art. 730.-will be charged a single fee for all procedure acts of procedure of pricinii, such as subpoenas, to make depositions of witnesses, oaths, intrerogatorii, expertise and communication procedure acts.
Procedure fee will be at the first court, equal to twice the tax in proportion to which it is subject.
For applications not subject to stamp duty, the duty of the procedure will be twice the fee which is subject to the request.
In the case of horses, fees are reduced more susaratate procedure takes half.
Procedure fees will be submitted with the application, appeal or the appeal, as follows: 10 per cent in cash to the Court, as an emergency fee, 20 percent in stamps, 5 per cent in I.O.V.R. and the remaining stamps in sheets and tax stamps.
In the litigious/out-of-court matters, is not due to the charge of the procedure.
Causes for developing Parties may benefit from dispoziţiunile above if you pay on first appearance, after the publication of this law, the procedure for the Court.
Art. 731.-procedural Rights must be exercised in good faith and according to the purpose for the purposes which have been recognized by law.
The part that uses these rights in respect of the abusive reply to personal, Art. 732.-Causes developing judgment from the date of implementation of this law will continue to be judged by courts invested.
They also remain in competinţa the courts requests that were made before the publication of law on the face of dispoziţiunilor, on the grounds set out in the table of contents of books V and VI of the code of civil procedure.
When the Court is disbanded, the files will be sent automatically according to the law of the competent court.
Decisions handed down prior to the implementation of the present law, remain subject to the rights of appeal and time limits provided for by the law under which they were handed down.
Art. 733.-acts of procedure met before implementing this law shall remain valid.
Art. 734.-Dispoziţiunile regarding the lapse shall enter into force after 6 months dela implementation of this law.
Art. 735.-Whenever the dispoziţiuni laws repealed under this Act, the reference will be made to the corresponding dispoziţiunile in front of the law.
Art. 736.-entry in the civil status of the judgement of the despărţenie, the date prior to the implementation of the present law and which remains irrevocable is subject to legal dispoziţiunilor in force at the time when they, who will decide both dispoziţiuni and despărţeniei effects, with regard to the rights of children and convicted husband.
Art. 737.-Husband separated will not preclude other persons ceasing matrimonial when not ' did mention about the decision in the register of civil status despărţenie, unless they had knowledge about despărţenie.
Art. 738.-certified judges, Acts which, according to law, are subject to formalitatii transcripţiunii or inscriptiunii, will submit emergency Court Tribunal respectively to be transcribed or entered in the register of the Court. After enrollment, the court transcript or they will return to court handed them to the parties.
Art. 739.-management of the tutelelor is competinţa people.
Art. 740.-proven Amounts of judges by way of security, onorar or other such expert may be submitted and the perception of that.
Art. 741. The fines handed down under-rânduielilor before the code will be run according to the fiscal procedure code dispoziţiunilor.
Art. 742.-Dispoziţiunile law. 609 from July 1, 1941, for exceptional measures during the cat's army was in a State of war, remain in force.
Art. 743.-Law No. 389 of 22 June 1943, for the extension of civil and commercial legislation of the old Kingdom in Romania over the Carpathians remain in force.
Appeals in matters of land register, insurance measures and enforcement over nemişcătoarelor or competinţa are for their Courts. "
Article 3 application of the dispoziţiunilor referred to in the table of contents of books V and VI of the code of civil procedure, the courts in passing competinţa apart from dispoziţiunile shown below, which are still in tribunals competinţa: 1. Enforcement of property nemişcătoare and willingly selling by tender to those goods;
2. the measures taken over the relief goods nemişcătoare during execution;
3. Separation of assets between spouses;
4. the prohibition;
5. Disposal of assets;
6. dating Conventions;
7. the transcription of the resettlement and the pursuit of property and privileges, mortgages and inscription of amanetelor.
In the matters listed in this law shall have jurisdiction over the courts, dispoziţiunile regarding the Court shall calculate that refers to the judges.
Article 4 After art. 364 in the book V of the code of civil procedure, enter the following dispoziţiune, which will create a special article: "Appeals against rulings given by desavarsitelor referees after the law, and those against judgements that have intervened in the trial arbitral matters, is the Court of Cassation judge."
Article 5 Dispoziţiunile art. 372, 375, 389, 558 451 and book V and VI of the code of civil procedure, shall amend to read as follows: Art. 372 shall read as follows: "Decisions will be run through the mediation of the first instance.
The request for enforcement shall be made to the Court which pronounced the last resolution on the Fund and which will send the title to run at the first instance. Enforcement is through portarei body. It may also be done in urban municipalities through police stations, and in rural ones, through the judge, using or positions. "
Art. 375, last indent, shall read as follows: "if one party is not domiciled in the country, the title of the executor will be able incuviinta Court I of Bucharest urban."
Art. 389 shall read as follows:
"If the creditor has left to go 6 months of completion of the fold which date from sinful act of execution without having followed other acts of stalking, enforcement of the law expire and any interested party may request its removal.
In the event of suspension of execution of the term lapse termination suspension flows dela.
If you make a new claim for performance, it will make first a new summons, which will join the title image is executed. "
Art. 451 will read as follows: "the amounts derived from the sale of the assets of the debtor through the tracking of goods moving or nemişcătoare, garnishment, and tracking of revenue will be distributed among creditors, the Court which committed the pursuit, summoning parties in forethought."
Art. 558 shall read as follows: "immediately after the end of the award and the price, according to art. 544 or 545 out of this code, the Court will give the successful tenderer of the award nemişcătorului Ordinance.
The Ordinance will feature short, exquisite, award journal individualization, nemişcătorului awarded former owner's name, and the contractor and payment of the price appearing entirely portarei duties, stamp tax and proportional.
The Tribunal Panel would sign both the original Ordinance, which will teach the parts, and that image will remain on file.
This Ordinance will transcribe the registers of mutation of the Tribunal, which has committed to tracking and court settlement nemişcătorului.
Appeal against the order of the Court in question is competinţa. "
Article 6 on the date of application of this law are repealed: 1. The law on the Court of Cassation and justice;
2. the law of the courts of wards;
3. Law No. 394 dated 23 June 1943 for speeding judecaţilor in civil and commercial matters;
4. Law No. 661 of 4 Octomvrie 1943, to regulate the tax regime of legal action;
5. Articles 234, 241, 242, 246-248, 251-274 and 285 of the civil code;
6. Articles 452-454, 578-583, and item 7, 722 of the code of civil procedure.
Article 7 the Ministry of Justice is authorized to republish the full text of the code of civil procedure with all changes and additions made, giving a new numbering of articles and even in shimband texts unaltered, references to other articles or to any dispoziţiune in line with the new numbering and Code sharing.
Law No. Dispoziţiunile of 18 817 Noemvrie 1939 will be applicable with regard to editing and sale of Civil procedure code.
Article 8 this Act shall enter into force on 1 March 1948.
Voted by the Assembly of deputies at its meeting on 5 February 1948 dela.