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Law No. 219 Of 6 July 2005 Approving Government Emergency Ordinance No. 138/2000 Amending And Supplementing The Code Of Civil Procedure

Original Language Title:  LEGE nr. 219 din 6 iulie 2005 privind aprobarea Ordonanţei de urgenţă a Guvernului nr. 138/2000 pentru modificarea şi completarea Codului de procedură civilă

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LEGE no. 219 219 of 6 July 2005 on approval Government Emergency Ordinance no. 138/2000 amending and supplementing the Code of Civil Procedure
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 609 609 of 14 July 2005



The Romanian Parliament adopts this law + Article I Approval Government Emergency Ordinance no. 138 138 of 14 September 2000 for the modification and completion of the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 479 of 2 October 2000, with the following amendments and additions: 1. In Article I, point 1 shall read as follows: "" 1. Article 2 will read as follows: "" Art. 2. -The Tribunal judges: 1. in the first instance: a) the processes and applications in commercial matters whose object has a value of over 1 billion lei, as well as the processes and applications in this matter whose object is unevaluable in money; b) processes and applications in civil matters whose object has a value of over 5 billion lei, with the exception of requests for judicial division, applications in the field of succession, non-evaluable claims in money and applications regarding the substance of the fund land, including those of common law, suitors or, as the case may be, owners, made by injured third parties in their rights by application of laws in the field of land fund; c) labor conflicts, except those given by law in the jurisdiction of other courts; d) processes and applications in matters of administrative litigation, apart from those given in the competence of the courts of appeal; e) processes and applications for intellectual and industrial property creation; f) expropriation processes and applications; g) applications for the consent, nullity or dissolution of the adoption; h) requests for compensation of damages caused by judicial errors committed in criminal trials; i) applications for recognition, as well as those for the consent of the forced execution of decisions given in foreign countries; 2. as appellate courts, appeals declared against judgments handed down by judges in the first instance; 3. as courts of appeal, appeals declared against decisions rendered by judges, which, according to the law, are not subject to appeal; 4. in any other matter given by law in their jurisdiction. "" 2. In Article I, points 2 and 3 shall be repealed. 3. In Article I, point 4 shall read as follows: "" Four. Article 3 will read as follows: "" Art. 3. -The courts of appeal judge: 1. in the first instance, the processes and applications in matters of administrative litigation concerning the acts of the central authorities and institutions; 2. as appellate courts, appeals declared against judgments handed down by courts in the first instance; 3. as courts of appeal, appeals declared against judgments rendered by courts on appeal or against judgments rendered in the first instance by courts, which, according to the law, are not subject to appeal, as well as in any other express cases provided by law; 4. in any other matter given by law in their jurisdiction. "" 4. In Article I, point 5 shall be repealed. 5. In Article I, paragraph 8, paragraph 5 of Article 22 shall read as follows: " The court competent to judge the conflict will decide in the council chamber, without citing the parties. The judgment is subject to appeal within 5 days of the communication, with the exception of the one handed down by the High Court of Cassation and Justice, which is irrevocable. " 6. In Article I, after point 9 two new points are inserted, points 9 ^ 1 and 9 ^ 2, with the following contents: "" 9 ^ 1. In Article 28, two new paragraphs are inserted, paragraphs 2 and 3, with the following contents: " You cannot recuse all the judges of a court or a section of it. For the same reasons for recusal you cannot make a new request against the same judge. " 9 9 ^ 2. In Article 30, paragraph 2 will read as follows: "If, because of the recusal, the court panel cannot be formed, the request for recusal shall be adjudicated by the superior hierarchical court." " 7. In Article I, point 10 shall read as follows: "" 10. Paragraph 3 of Article 30 shall be repealed. '; 8. In Article I, after point 10, two new points are inserted, paragraphs 10 ^ 1 and 10 ^ 2, with the following contents: "" 10 ^ 1. In Article 30, after paragraph 3, a new paragraph 4 is inserted, with the following contents: "Applications for the recusal of the superior hierarchical courts made to the court that settle the dispute are inadmissible." 10 10 ^ 2. In Article 31, paragraph 1 shall read as follows: "The court decides on the recusal, in the council chamber, without the presence of the parties and listening to the recused judge." " 9. In Article I, after point 12, two new points are inserted, points 12 ^ 1 and 12 ^ 2, with the following contents: "" 12 ^ 1. Article 37 will read as follows: "" Art. 37. -When one of the parties has two relatives or afini up to the fourth degree including among the magistrates or judicial assistants of the court, the other party may request the displacement of the case to another court of the same degree. The displacement of the cause can still be required for reasons of legitimate suspicion or public safety. The suspicion is justified as many times as it can be assumed that the non-bias of judges could be stirred due to the circumstance of the cause, the quality of the parts or local enemies. It constitutes grounds for public safety those circumstances that create the assumption that the judgment of the trial at the competent court could produce the disorder of public order. " 12 12 ^ 2. In Article 38, paragraph 1 shall read as follows: "Displacement for the cause of kinship or affinity must be required before the beginning of any debate; the one based on legitimate suspicion or public security may be required in any state of the matter." " 10. In Article I, point 13, paragraph 2 of Article 38 shall read as follows: "The displacement for public safety can only be required by the prosecutor of the Prosecutor's Office of the High Court of Cassation and Justice." 11. In Article I, after point 13, a new point is inserted, paragraph 13 ^ 1, with the following contents: "" 13 ^ 1. In Article 39, paragraph 2 will read as follows: "The request for resettlement based on grounds of legitimate suspicion or public security shall be lodged with the High Court of Cassation and Justice. '" 12. In Article I, after point 20, a new point is inserted, paragraph 20 ^ 1, with the following contents: "" 20 ^ 1. Paragraph 4 of Article 68 will read as follows: "If the mandate is given to a person other than a lawyer, the trustee can only put conclusions through the lawyer, except for the legal counsel who, according to the law, represents the part." " 13. In Article I, after paragraph 21, a new point is inserted, paragraph 21 ^ 1, with the following contents: "" 21 ^ 1. Article 74 will read as follows: "" Art. 74. -He who is not able to face the expenses of a judgment, without receiving his own maintenance or his family, may ask the court to approve his judicial assistance. "" 14. In Article I, paragraph 22, paragraph 1 of paragraph 1 of Article 75 shall read as follows: "1. granting exemptions, discounts, instalments or deferrals for the payment of judicial stamp duties, judicial stamp and cautions;". 15. In Article I, after paragraph 22, four new points are inserted, paragraphs 22 ^ 1-22 ^ 4, with the following contents: "" 22 ^ 1. Article 76 will read as follows: "" Art. 76. -The application for legal assistance is made in writing and is submitted to the court for the situations provided in art. 75 75 para. 1 1 section 1 or, as the case may be, to the bar of lawyers for the situations provided in 75 75 para. 1 1 section 2, according to law. The amounts necessary for free judicial assistance shall be established annually by the state budget law. " 22 22 ^ 2. Article 77 will read as follows: "" Art. 77. -The application will include mentions of the object and nature of the process for which the applicant's assistance, identity, domicile and material condition is requested, while also attaching written evidence about his income and the obligations of maintenance or payment that he has towards other people. The court will investigate the application, being able to request in connection with this clarification and evidence to the parties or information written to the On the request the court will rule, without debate, by concluding the date in the council chamber. The application together with the conclusion of the approval of the assistance provided in art. 75 75 para. 1 1 section 2 shall be sent, immediately, to the bar, to proceed with the provision of the judicial assistance in question, according to the law. " 22 22 ^ 3. Article 78 will read as follows: "" Art. 78. -Any interested party will be able to present at any time to the court evidence of the actual situation of the one to whom the request was granted; legal aid shall not be suspended in the course of new research. If the court finds that the request for assistance was made in bad faith, by concealing the truth, it may, by conclusion, oblige the party to pay the amounts due. Art. 77 77 para. 3 3 are applicable. ' 22 22 ^ 4. Article 79 will read as follows: "" Art. 79. -The terminations provided in art. 77 77 para. 3 and to art. 78 78 para. 2 2 are not subject to any remedy. "" 16. In Article I, paragraph 23 shall read as follows: "" 23. Article 81 will read as follows: "" Art. 81. -The expenses for which the party has benefited from exemptions or reductions by the consent of the judicial assistance will be charged to the other party, if it has fallen into its claims. Lawyers appointed to ensure the defence and assistance provided in art. 75 75 para. 1 1 section 2 have the right to ask the court for their fee to be charged to the other party, if it has fallen into its claims. The device of the decision including the obligation to pay the amounts provided in 1 1 and 2, as well as the conclusion on the obligation to pay the amounts provided in art. 78 78 para. 2 constitutes enforceable title. If the enforceable title is the basis for the execution of a budgetary claim, it shall be communicated ex officio to the competent bodies. "" 17. In Article I, paragraph 36, Article 92 ^ 1 shall read as follows: "" Art. 92 92 ^ 1. -The communication of the citation and other procedural documents cannot be carried out by display in the case of legal persons, as well as associations or companies which, according to the law, may stand trial, except in cases where the receipt or if there is a lack of any person at their premises. " 18. In Article I, paragraph 39, the introductory part and point d) of paragraph 2 of paragraph 1 of Article 108 ^ 1 shall read as follows: " If the law does not provide otherwise, the court, according to the provisions of this article, will be able to sanction the following acts committed in connection with the trial, .................................................................. d) failure by the head of the establishment to carry out an expertise of the measures necessary to carry out it or to carry out the expertise in time, as well as to prevent any person from carrying out the expertise under the law; ". 19. in Article I, paragraph 39, after point g) of paragraph 2 of paragraph 1 of Article 108 ^ 1, two new letters, letters h) and i) shall be inserted, with the following contents: " h) preventing in any way the exercise, in connection with the process, of the duties of the judges, the experts appointed by the court under the law, the procedural agents, as well as other employees of the court; i) non-compliance by the bailiff with the obligation to submit to the court file the execution documents, according to the provisions of art. 373 ^ 1 para. 3 3. " 20. In Article I, paragraph 42, Article 114 shall read as follows: "" Art. 114. -Upon receipt of the request to sue the president or the judge who replaces him will check whether it meets the requirements provided by law. When applicable, the complainant shall be considered to complete or amend the application and file, according to art. 112 112 para. 2 2 and art. 113 113, the application and certified copies of all the documents on which the application is based. The complainant will complete the application immediately. When the completion is not possible, the application will be registered and the complainant will be granted a short term. If the application has been received by post, the applicant will be notified in writing of her shortcomings, with the mention that, by the time allowed, she is to make the necessary additions or amendments. Granting the term, according to para. 2, it is made, in all cases, with the mention that failure to comply in this term of obligations on completion or modification of the application may attract the suspension of judgment. If the obligations regarding the completion or modification of the application are not fulfilled within the period provided in 2, the suspension of the judgment is pronounced by conclusion according to the provisions 339. In the processes where, under the conditions of art. 47, are several plaintiffs or defendants, the president of the court, taking into account the very large number of them, the need to ensure the normal conduct of the court activity, in compliance with the legitimate rights and interests of the parties, will be able to have their representation by trustee and to carry out the procedure of communication of procedural documents only on behalf of the trustee, at his home or premises Representation will be made, as the case may be, by one or more trustees, individuals or legal entities, the provisions of art. 68 68 and art. 114 114 ^ 1 being properly applicable. The proof of the mandate will be submitted by the applicants, under the conditions provided in par. 2, and by the defendants, with the welcome. If the parties do not elect a trustee or do not understand the person of the trustee, the provisions of par. 4 and in the case of defendants, the president of the court will appoint a special curator. " 21. In Article I, paragraph 43, paragraphs 3 and 5 of Article 114 ^ 1 shall read as follows: " The first court term will be set so that from the date of receipt of the citation the defendant has at least 15 days to prepare his defense, and in the urgent trials, at least 5 days. For the following periods and the first period fixed after the reference, determined by the non-compliance of the Fund, the provisions of art. 89 89 para. 1. ................................................................. Subject to the debate on the first day of appearance, the President, on the occasion of the fixing of the term provided in 1, if requested by request, will be able to order the citation of the defendant in questioning, other measures for the administration of evidence, as well as any other measures necessary to conduct the process according to the law. " 22. In Article I, paragraph 44, paragraph 2 of Article 118 shall be repealed. 23. In Article I, paragraph 44, paragraph 3 of Article 118 shall read as follows: " If the defendant is not represented or assisted by the lawyer, the president will consider, on the first day of appearance, to show the exceptions, the evidence and all his means of defense about which speech will be made at the conclusion of the meeting; the court will grant, upon request, a time limit for the preparation of the defence and the submission of the 24. In Article I, after paragraph 44, a new point is inserted, paragraph 44 ^ 1, with the following contents: "" 44 ^ 1. Paragraph 1 of Article 119 shall read as follows: "If the defendant has claims in relation to the plaintiff's request, he may make a counterclaim." " 25. In Article I, paragraph 46, paragraph 2 of Article 129 shall read as follows: "The judge will consider the parties the rights and obligations incumbent upon them in their capacity in the process and will, in all procedural phases, arouse for the amicable settlement of the case." 26. In Article I, paragraph 46, paragraph 3 of Article 129 shall be repealed. 27. In Article I, paragraph 51, paragraph 3 of Article 153 shall read as follows: " The term taken into account or for which the citations have been sent can only be changed for thorough reasons and with the citation of the parties. Their citation is made in the short term, in the council chamber. The resolution of the request for the exchange of the first term of judgment is for the president of the court, the vice president of the court, the section president or the judge who replaces him In the course of judging the process the request for the exchange of the term shall be settled by the court panel. " 28. In Article I, paragraph 53, Article 155 ^ 1 shall read as follows: "" Art. 155 155 ^ 1. -When it finds that the normal conduct of the trial is prevented from the fault of the complaining party, by not fulfilling the obligations provided by law or established in the course of the judgment, the court may suspend the judgment, showing in conclusion which obligations have not been complied with. Art. 108 ^ 3 are applicable. At the request of the party, the judgment will be resumed if the obligations to which paragraph refers. 1 have been fulfilled and, according to the law, it can continue. Art. 155 155 para. 2 2 shall apply accordingly. '; 29. In Article I, after paragraph 55, a new point is inserted, paragraph 55 ^ 1, with the following contents: "" 55 ^ 1. After Article 171, a new article is inserted, Article 171 ^ 1, with the following contents: "" Art. 171 171 ^ 1. -In cases in which the sample was ordered ex officio or at the request of the prosecutor in the process started by him under the conditions of 45 45 para. 2 2, the court will determine, by conclusion, the expenses of the administration of the sample and the part that must pay them, and may also be charged to both parties. "" 30. In Article I, paragraph 64, paragraph 1 of Article 202 shall read as follows: " If the parties do not agree on the appointment of the experts, they will be appointed by the court, by drawing lots, in the public meeting, from the list drawn up and communicated by the local office of expertise, including the persons registered in the authorized, according to the law, to carry out judicial expertise. " 31. Article I, paragraph 67 shall be repealed. 32. In Article I, after paragraph 72, a new point is inserted, paragraph 72 ^ 1, with the following contents: "" 72 ^ 1. Chapter III of Title III of the second book, after Article 241, insert section III ^ 1 with the following contents: " SECTION III-a ^ 1 Process research in case of administration of evidence by lawyers Art. 241 ^ 1. -The provisions of this section are applicable only in the case of property disputes, except those concerning rights to which the law does not allow the transaction to be made. Article 241 ^ 2. -On the first day of appearance the parties may agree that the lawyers who assist them and represent them to administer the evidence in question, according to the provisions of this section. Consent for the administration of samples, provided in par. 1, shall be given by the parties, personally or by trustee with special power of attorney, before the court, taking note of this in conclusion, or by inscription drawn up before the lawyer, who is obliged to certify the consent and signature the part he assists or represents. If there are multiple parties assisted by the same lawyer, consent will be given by each of them separately. At the same time, each party is obliged to declare that for the procedure in this section it chooses its domicile to the lawyer representing it Consent given according to par. 2 2 cannot be revoked by one of the parties. Art. 241 ^ 3. -In case of representation of the parties under Article 241 ^ 2, the court hearings may take place in the council chamber, with the mandatory participation of the lawyers, being admitted and the parties or, when appropriate, their trustees. Art. 241 ^ 4. -After finding the validity of the consent given according to art. 241 ^ 2 instance: 1. will solve the exceptions that are invoked or can raise ex officio; 2. will decide on the requests for intervention made by the parties or by third parties, under the law; 3. shall examine each claim and defence in part, on the basis of the application for appeal, of the meeting and of the explanations of the lawyers; 4. will find which of the claims are recognized and which are contested; 5. on request, it will order, under the law, precautionary measures, measures to ensure evidence or for the finding of a factual situation, if these measures have not been taken, in whole or in part, according to art. 114 ^ 1 para. 6 6; 6. will take note of the claimant's waiver, the acquiescence of the defendant or the parties ' transaction 7. will approve the evidence requested by the parties, which it finds conclusive, as well as those that, ex officio, it considers necessary for the trial; the provisions of art. 168 168 are applicable; 8. will decide on any other requests that may be made at the first day of appearance. When, according to the law, the requests shown in par. 1 may be formulated and subsequently to the first day of appearance, the court may grant for this purpose a short term given in the knowledge of the parties represented by the lawyer. Art. 131 131 and 138, with the exception of those in point 4 4 of the latter article, are applicable. The party that is unjustifiably absent at the time-limit of consent will be deprived of the right to propose and administer any evidence, except for the one with documents, but will be able to participate in the administration of the evidence by the other party and will be able to combat this. Art. 241 ^ 5. -For the administration of evidence by lawyers the court will set a deadline of up to 6 months, taking into account their volume and complexity. The term provided in par. 1 may be prolonged if in the course of taking the evidence: 1. an exception or a procedural incident on which, according to the law, the court must rule; in this case, the term is extended with the time necessary to solve the exception or incident; 2. ceased, for any reason, the legal assistance contract between one of the parties and his lawyer; in this case, the term is extended by no more than one month for the employment of another lawyer; 3. one of the parties has died; in this case, the term is extended by the time the trial is suspended according to art. 243 243 para. 1 1 section 1 or the term given to the party concerned for the introduction into the process of heirs 4. in any other cases in which the law provides for the suspension of the process, the term is extended by the period of suspension, 242 242 para. 1 1 section 2 however, not applicable. Art. 241 ^ 6. -In no more than 15 days after the consent of the evidence the lawyers of the parties will present to the court the program of their administration, bearing the signature of the lawyers, in which the place and the date of the administration of each The program is approved by the court, in the council chamber, and is mandatory for the parties and their lawyers. In the processes provided in art. 45 45 para. 3 and 4 the approved program according to par. 1 will be communicated immediately to the prosecutor, given art. 241 241 ^ 17. The evidence can be administered in the cabinet of one of the lawyers or in any other agreed place, if the nature of the sample so requires The parties, through lawyers, are required to communicate their documents and any other acts, by registered letter with acknowledgement of receipt or directly, under signature. Non-justified non-compliance with the program provided in 1 draws the fall of the party from the right to administer that test. Art. 170 170 are applicable. Art. 241 ^ 7. -If in the course of the administration of the evidence one of the parties makes an application, invokes an exception, inadmissibility of any evidence or any other incident concerning the administration of evidence, it will refer the matter to the court which, with the citation the end of the date in the council chamber, shall be pronounced immediately, and when necessary, no later than 30 days after the date on which it was notified. The conclusion can only be appealed with the merits of the trial. Art. 241 ^ 8. -If the appearance of a document held by an authority or another person is ordered, the court, according to the provisions of art. 175, will order the request of the document and, as soon as it is filed with the court, its communication in copy to each lawyer. Art. 241 ^ 9. -If one of the parties does not recognize the writing or signature of a document, the lawyer of the interested party, 241 ^ 7, will ask the court to proceed with the verification of scripts. Art. 241 ^ 10. -Witnesses will be heard, at the place and date provided for in the program approved by the court, by the lawyers of the parties, under the conditions of art. 192 192 and 196, which shall apply accordingly. Listening to witnesses is done without an oath, but it is considered that, if they do not tell the truth, they commit the crime of false testimony. About all this is made mention in the written statement. Witnesses shown in art. 195 will only be heard by the court. Art. 241 ^ 11. -The testimony will be recorded exactly by a person agreed by the parties and will be signed, on each page and at the end of it, by the lawyers of the parties, by the one who recorded it and the witness, after he became aware of the contents of the record. Any additions, stersatures or changes in the contents of the testimony must be approved by the signature of those shown in par. 1 1, under penalty of not being taken into account. If the testimony was stenodactylographed, it will be transcribed. Both the transcript and her transcript will be signed according to para. 1 1 and filed on file. Article 241 ^ 12. -The parties may agree that witness statements are recorded and authenticated by a notary public. Art. 241 241 ^ 10 are applicable. Art. 241 ^ 13. -If an expertise is approved, in the program of administration of evidence the parties will pass the name of the expert they will choose by their agreement, as well as the names of the councillors of each of them. If the parties do not agree on the election of the expert, they will ask the court to proceed with its designation, according to art. 202. The expert is obliged to carry out the expertise and to hand it over to the parties ' lawyers, under the signature of receipt, at least 30 days before the deadline fixed by the court according to 241 241 ^ 5. He also has the duty to give explanations to lawyers and parties, and after fixing the term of judgment, to comply with the provisions of art. 211 211 and the following. Art. 241 ^ 14. -If an on-site research has been ordered, it will be done by the court according to the provisions of art. 215-217. The minutes provided for in art. 216 216 para. 2 will be drawn up in so many copies as many parts are and will be handed to their lawyers no later than 5 days after the research. Art. 241 ^ 15. -When the call for questioning was agreed, the court will subpoena the parties, at the deadline set, in the council chamber. Children on the questioning thus taken, as well as from the one willing and received according to art. 222 222 para. 1 will be handed out immediately to the parties ' lawyers. Art. 241 ^ 16. -The court, under the conditions of 241 ^ 7, will decide on the request to replace witnesses, to listen again or to confront them. Also, under the conditions shown in par. 1, the court will rule on the request to admit new witnesses or other evidence proving necessary and which could not be foreseen to be requested according to art. 241 ^ 4 para. 1 1 section 7. Art. 241 ^ 17. -After the administration of all the evidence approved by the court the plaintiff, through his lawyer, will draft written conclusions on the support of his claims, which he will send, by registered letter with acknowledgement of receipt, or will directly hand, under signature, to the other parties in the process and, when applicable, to the Public Ministry. After receiving the plaintiff's written conclusions each party, through his lawyer, will draft his own written conclusions that he will communicate, according to para. 1 1, the complainant, the other parties, as well as, when applicable, the Public Ministry. Art. 241 ^ 18. -The lawyers of the parties will make up for each party a file and one for the court, in which they will submit a copy of all the documents by which, according to the law, the administration of each evidence is found. The files provided in par. 1 will be numbered, snugled and will bear the signature of the parties ' lawyers on each page. Art. 241 ^ 19. -Upon expiry of the deadline set by the court according to 241 ^ 5 the lawyers of the parties will present together the case to the court the case 241 ^ 18. Receiving the file, the court will fix the court term given in the knowledge of the parties, which will not be longer than one month from the date of receipt of the file. At the deadline, the court can proceed to trial in substance of the trial, giving the parties the floor to put conclusions through the lawyer. Art. 241 ^ 20. -At the deadline provided by art. 241 ^ 19 para. 2, if necessary, the court will order, by reasoned conclusion, to be administered directly in front of all or only some of the evidence administered by the lawyers. In this case, for the administration of evidence the court will set short deadlines, further, given to the parties. For the presentation to the court witnesses will also be cited in the short term, the cases being considered urgent. Art. 89 89 para. 1 1 and art. 188 188 para. 2 2 are applicable. Art. 241 ^ 21. -The provisions of Section III of this Chapter are applicable if there is no otherwise provided for in this section. At the request of the lawyer or interested party the court may take the measure of the fine and obligation to pay compensation, in the cases and conditions provided by the provisions of art. 108 ^ 1-108 ^ 4. Art. 241 ^ 22. -The provisions of this Section are also applicable to legal advisers who, according to the law, represent the party. "" 33. In Article I, after paragraph 76, a new point is inserted, paragraph 76 ^ 1, with the following contents: "" 76 ^ 1. Paragraph 2 of paragraph 1 of Article 244 shall read as follows: "" 2. when the prosecution began for a crime that would have a decisive inlaw on the ruling to be given. "" 34. In Article I, paragraph 77, paragraph 1 of Article 244 ^ 1 shall read as follows: "On the suspension of the trial, the court will rule by conclusion which can be appealed separately, with the exception of those rendered on appeal." 35. in Article I, paragraph 81, after paragraph 2 of Article 252, a new paragraph 3 is inserted, with the following contents: "The perimation of the call for appeal cannot be raised for the first time in the appellate court." 36. In Article I, after point 84 a new point is inserted, paragraph 84 ^ 1, with the following contents: "" 84 ^ 1. Paragraph 8 of paragraph 1 of Article 261 shall read as follows: "" 8. The mention that the pronouncement was made at the public meeting, as well as the signatures of the judges and the Registrar. "" 37. In Article I, after paragraph 85, three new points are inserted, paragraphs 85 ^ 1, 85 ^ 2 and 85 ^ 3, with the following contents: "" 85 ^ 1. Paragraph 1 of Article 264 shall read as follows: " The motivation of the decision will be made no later than 30 days after the ruling. If the court was made up of several magistrates, the president will be able to charge one of them with the drafting of the ruling. " 85 85 ^ 2. Paragraph 3 of Article 266 shall read as follows: "The decision will be communicated to the parties, in copy, if it is necessary for the flow of the term of exercise of the appeal or appeal." 85 85 ^ 3. Article 270 will read as follows: "" Art. 270. -If the defendant recognizes some of the plaintiff's claims, the court, at his request, will give a partial ruling to the extent of the recognition. Art. 273 273 are applicable. ' " 38. In Article I, paragraph 91, paragraph 1 of Article 281 ^ 1 shall read as follows: " If clarification is required of the meaning, extent or application of the device of the judgment or it contains adverse provisions, the parties may ask the court which rendered the judgment to clarify the device or to remove the opposing provisions. ' 39. In Article I, a new point shall be inserted after point 93, paragraph 93 ^ 1, with the following contents: "" 93 ^ 1. Article 282 will read as follows: "" Art. 282. -The decisions given in the first court of trial are subject to appeal to the court, and the judgments given in the first instance by the court are subject to appeal to the court of appeal. Against the foregone, appeal can only be appealed with the fund, unless the course of judgment has been interrupted by them. "" 40. In Article I, paragraph 94, paragraph 1 of Article 282 ^ 1 shall read as follows: " The court decisions given in the first instance in the applications introduced by the main way on maintenance pensions, disputes whose object has a value of up to 1 billion lei including, both in civil matters and in the commercial matter, the shares of the owners, as well as those relating to the records in civil status registers, the taking of precautionary measures and in other cases provided by law. " 41. In Article I, after paragraph 95, two new points are inserted, paragraphs 95 ^ 1 and 95 ^ 2, with the following contents: "" 95 ^ 1. Paragraph 1 of paragraph 1 of Article 287 shall read as follows: "" 1. the name, domicile or residence of the parties or, for legal persons, the name and the premises, and, as the case may be, the registration number in the commercial register or the register of legal persons, the tax code and the bank If the caller lives abroad, he will also show the chosen home in Romania, where all the communications on the process are to be made; ". 95 95 ^ 2. After paragraph 3 of Article 287, paragraph 4 is inserted as follows: "The deadline for submitting the grounds of appeal shall be counted from the communication of the judgment, even if the appeal was made before the communication." " 42. In Article I, paragraph 97, paragraph 2 of Article 291 shall read as follows: " If the intimate is missing on the first day of appearance and the court finds that the grounds of appeal have not been communicated, it will order the postponement of the case and the communication, and if the reasons have not been communicated within, the court will order the case meeting the requirements of art. 114 ^ 1 para. 3 3 or 4, as appropriate. " 43. In Article I, paragraph 103, Article 296 shall read as follows: "" Art. 296. -The appeal court may keep or change, in whole or in part, the judgment under appeal. The caller cannot be created in his own way of attack a harder situation than that in the judgment under appeal. " 44. In Article I, paragraph 104, paragraph 1 of Article 297 shall read as follows: " If it is found that, wrongly, the first court resolved the trial without entering into the research of the fund or the judgment was made in the absence of the party that was not legally cited, the appellate court will abolish the judgment under appeal and send the case to retrial the first instance. ' 45. In Article I, after paragraph 106, two new points are inserted, paragraphs 106 ^ 1 and 106 ^ 2, with the following contents: "" 106 ^ 1. In Article 299, paragraphs 1 and 2 shall read as follows: " The decisions given without right of appeal, those given on appeal, as well as, under the conditions provided by law, the decisions of other bodies with jurisdictional activity are subject to appeal. Art. 282 282 para. 2 2 are properly applicable. The appeal shall be settled by the court immediately superior to the one who delivered the judgment on appeal. " 106 106 ^ 2. Article 299 (3) shall be repealed. '; 46. In Article I, point 109, paragraph 5 of Article 300 shall read as follows: " For thorough reasons, the court may return to the suspension granted, the provisions of par. 3 3 applying properly. " 47. In Article I, after point 109, a new point is inserted, point 109 ^ 1, with the following contents: "" 109 ^ 1. Article 301 will read as follows: "" Art. 301. -The term of appeal is 15 days from the communication of the judgment, if the law does not have otherwise. Art. 284 284 para. 2 2-4 shall apply accordingly. ' " 48. Article I, paragraph 110 shall be repealed. 49. In Article I, after paragraph 111, a new point is inserted, paragraph 111 ^ 1, with the following contents: "" 111 ^ 1. In Article 304, point 10 is repealed. ' 50. In Article I, paragraphs 114 and 115 shall read as follows: "" 114. In Article 308, paragraph 3 is repealed. 115. Article 308 (4) shall be repealed. '; 51. In Article I, after paragraph 115, a new point is inserted, paragraph 115 ^ 1, with the following contents: "" 115 ^ 1. Paragraph 5 of Article 308 shall be repealed. ' 52. In Article I, paragraph 116, paragraph 3 of Article 312 shall read as follows: " The amendment of the contested decision is pronounced for the reasons provided for in 304 304 section 6, 7, 8 and 9, and the scrapping for those provided by art. 304 304 section 1, 2, 3, 4 and 5, as well as in all cases in which the court whose judgment is recurred has settled the process without entering into the research of the fund or the modification of the judgment is not possible, it is necessary to administer new evidence. If several reasons are found, some of which attract the amendment, and others the scrapping, the appeal court will house in full the judgment under appeal in order to ensure a unified judgment. " 53. In Article I, after paragraph 120, a new point is inserted, paragraph 120 ^ 1, with the following contents: "" 120 ^ 1. Paragraph 1 of Article 318 will read as follows: " The decisions of the courts of appeal can still be appealed with challenge when the date of unbundling is the result of a material mistake or when the court, rejecting its appeal by admitting it only in part, has inadvertently failed to investigate any of the reasons amending or scrapping. "" 54. In Article I, after point 121, two new points are inserted, points 121 ^ 1 and 121 ^ 2, with the following contents: "" 121 ^ 1. Paragraph 2 of Article 319 will read as follows: " The appeal can be made at any time before the beginning of the forced execution, and during it, until the deadline set at art. 401 401 para. 1 lit. b) or c). Against irrevocable judgments that are not brought to fruition by means of enforcement, the appeal may be brought within 15 days from the date when the objector became aware of the judgment, but no later than one year after the date when the ruling remained irrevocable. " 121 121 ^ 2. After Article 319 a new article is inserted, Article 319 ^ 1, with the following contents: "" Art. 319 319 ^ 1. -The court may suspend the execution of the judgment whose cancellation is required, subject to the lodging of a bail. Art. 403 403 para. 3 3 and 4 shall apply accordingly. ' " 55. In Article I, paragraph 123, paragraph 4 of Article 322 shall read as follows: " 4. if a judge, witness or expert, who took part in the judgment, was definitively convicted of an offence relating to the case or if the judgment was given pursuant to a stated false inscription in the course or following judgment or if a The magistrate was disciplined for the exercise of the office in bad faith or gross negligence in that case; ". 56. In Article I, a new point shall be inserted after paragraph 129, paragraph 129 ^ 1, with the following contents: "" 129 ^ 1. Paragraph 2 of Article 328 will read as follows: "If the review was required for adverse rulings the appeal is the appeal, unless the review court is the High Court of Cassation and Justice, the ruling of which is irrevocable." " 57. In Article I, paragraph 130 shall read as follows: "" 130. Article 329 will read as follows: "" Art. 329. -The Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, ex officio or at the request of the Minister of Justice, as well as the leading colleges of the courts of appeal are entitled, to ensure the interpretation and application of the unitary of the law throughout Romania, to ask the High Court of Cassation and Justice to rule on questions of law that have been solved differently by the courts. The decisions by which the referrals are resolved shall be pronounced by the United Sections of the High Court of Cassation and Justice and shall be published in the Official Gazette of Romania, Part I. The solutions are pronounced only in the interest of the law, they have no effect on the judicial decisions examined nor on the situation of the parties in those processes. The unbundling of the issues of trial law is mandatory for the courts. "" 58. In Article I, paragraphs 131-134, paragraph 1 of Article 330 ^ 3 and Article 330 ^ 4 of the Code of Civil Procedure shall be repealed. 59. In Article I, after paragraph 134 a new point is inserted, paragraph 134 ^ 1, with the following contents: "" 134 ^ 1. Article 336 will read as follows: "" Art. 336. -The conclusion by which the application is approved is enforceable. She is subject to appeal. The term of appeal will flow from the ruling, for those who were present, and from communication, for those who were absent. The appeal can be made by any interested person, even if it has not been cited at the debinding of the request. The execution of the conclusion may be suspended by the appeal court with or without bail. The appeal is adjudicated in the council chamber. "" 60. In Article I, paragraph 135, paragraph 3 of Article 339 shall read as follows: " The appeal against the conclusion given by the President of the Court shall be adjudicated by the Court and the appeal against the conclusion given by the President of the Tribunal or the Court of Appeal shall be adjudicated by a complete 61. In Article I, after paragraph 135, a new point is inserted, paragraph 135 ^ 1, with the following contents: "" 135 ^ 1. Paragraph 1 of Article 365 will read as follows: " The jurisdiction to judge in the first instance the action for annulment lies with the court immediately superior to that provided in art. 342, in the constituency of which the arbitration took place. "" 62. In Article I, paragraph 136, paragraph 3 of Article 365 shall read as follows: " The court will be able to suspend the execution of the arbitration award against which the action for annulment was brought, only after the filing of a security fixed by it. Art. 403 403 para. 3 3 and 4 shall apply accordingly. ' 63. In Article I, after point 136 a new point is inserted, point 136 ^ 1, with the following contents: "" 136 ^ 1. After Article 366 a new article is inserted, Article 366 ^ 1, with the following contents: "" Art. 366 366 ^ 1. -In all cases concerning the arbitration award, the action for annulment made according to art. 364 shall be adjudicated in the panel prescribed for trial in the first instance, and the appeal shall be adjudicated in the panel provided for by this remedy. "" 64. in Article I, point 137, after paragraph 2 of Article 371 ^ 2, a new paragraph 3 is inserted, with the following contents: " If the enforceable title contains sufficient criteria according to which the executing body may update the value of the obligation set in the money, regardless of its nature, it will also be updated to update the amount. If the enforceable title does not contain any such criterion, the executing body shall proceed with the update according to the rate of the currency in which the payment is made, determined on the date of the actual payment of the obligation contained in the enforceable title. " 65. In Article I, paragraph 141, paragraph 2 of Article 373 ^ 1 shall read as follows: " The court approves the enforcement by concluding the date in the council chamber, without citing the parties. The conclusion by which the president of the court admits the application for consent of forced execution is not subject to any appeal. The conclusion by which the application for the consent of the forced execution is rejected can be appealed by the creditor, within 5 days of the communication. " 66. In Article I, paragraph 141, paragraph 1 of Article 373 ^ 3 shall read as follows: " The conclusion by which the president of the court rejects the request for investiture with the enforceable formula of the court decision or another inscription or the application for the court's release of the enforceable title in the cases provided by law with appeal by the creditor. The term of appeal is 5 days and flows from the pronouncement, for the present creditor, and from the communication, for the missing one. " 67. In Article I, point 141, after paragraph 1 of Article 373 ^ 3, a new paragraph 1 ^ 1 is inserted, with the following contents: "The conclusion by which the president of the court admits the application for the investment with the enforceable formula of the court decision or another inscribed in the cases provided by law is not subject to any remedy." 68. In Article I, paragraph 156, paragraph 1 of Article 399 shall read as follows: " Against forced execution, as well as against any act of execution, an appeal may be appealed by those interested or injured by execution. Also, if the procedure provided for in art. 281 ^ 1, an appeal can also be made if clarification is necessary regarding the meaning, extent or application of the enforceable title, as well as if the executing body refuses to perform an act of execution under the conditions provided by law. " 69. In Article I, point 156, after paragraph 2 of Article 399, a new paragraph 2 ^ 1 is inserted, with the following contents: " Also, after the forced execution began, those interested or injured may ask, on the way of the challenge to execution, and the cancellation of the conclusion by which the execution was ordered or, as the case may be, the consent of the execution, the date without fulfilment of legal conditions. " 70. In Article I, point 156, after paragraph 1 of Article 401, a new paragraph 1 ^ 1 is inserted, with the following contents: "The appeal regarding the clarification of the meaning, extent or application of the enforceable title can be made at any time within the limitation period of the right to ask for forced execution." 71. In Article I, paragraph 156, paragraph 4 of Article 403 shall read as follows: " In urgent cases, if bail has been paid, the president of the court may order, by conclusion and without the summoning of the parties, the provisional suspension of the execution until the settlement of the request for suspension by the court. The conclusion is not subject to any remedy. The bail that must be filed is in the amount of 10% of the value of the object of the request or 5 million lei for non-evaluable claims in money. The bail filed shall be deductible from the bail set by the court, if any. " 72. In Article I, point 158, after paragraph 1 of Article 405 ^ 1, a new paragraph 1 is inserted, paragraph 1, with the following contents: "After the end of the suspension, the prescription resumes its course, counting the time elapsed before the suspension." 73. In Article I, paragraph 199, paragraph 1 of Article 460 shall read as follows: " If the third party no longer fulfils its obligations to carry out the attachment, including if, instead of recording the following amount has been released to the debtor, the debtor, the creditor, the debtor or the executing body, within 3 on Monday from the date when the third party had to record or pay the following amount, it may refer the matter to the executing court in order to validate the attachment. " 74. In Article I, paragraph 208, the introductory part and paragraph 8 of Article 516 shall read as follows: " After full payment of the price or advance provided in art. 515 and after the expiry of the 15-day period provided for in 401 401 para. 1 lit. a), if the property was sold with payment in installments, the executor, on the basis of the auction minutes, will draw up the act of adjudication, which will include the following mentions: .................................................................... 8. the mention that the act of adjudication is title of property and that it may be entered in the land register, as well as the fact that, for the adjudicator, it constitutes enforceable title against the debtor, if the property is in its possession from . 75. In Article I, point 210, Article 564 shall read as follows: "" Art. 564. -If there are creditors who, over the good sold, have pledge rights, mortgage or other rights of preference preserved, under the conditions provided by law, to the distribution of the amount resulting from the sale of the property, their claims will be paid before the claims provided in art. 563 563 para. 1 lit. b). " 76. In Article I, paragraph 210, paragraph 1 of Article 567 shall read as follows: " The conditional claims or affected by a suspensive term will be paid according to the order of preference provided in art. 563 563 and 564. " 77. In Article I, after paragraph 217, a new point is inserted, paragraph 217 ^ 1, with the following contents: "" 217 ^ 1. Paragraph 2 of Article 588 will read as follows: " The debtor, in this case, will be able, to free himself, to record the amount or the good offered at the House of Savings and Consemnations C.E.C. -S.A. or, as the case may be, at a specialized unit, and the container shall be submitted to the bailiff of the court of the creditor's domicile. "" 78. In Article I, point 218, Article 595 shall read as follows: "" Art. 595. -If the main application, pursuant to which the insurance measure was approved, has been annulled, rejected or obsolete by irrevocable judgment, or if the one who did it has given up on its adjudication, the debtor may request the lifting of the measure by the court that approved it. On the application the court is ruled by irrevocable conclusion, given without citing the parties. Art. 593 593 shall apply accordingly. '; 79. In Article I, point 222, Articles 673 ^ 8 and 673 ^ 9 shall read as follows: "" Art. 673 673 ^ 8. -The terminations provided in art. 673 ^ 6 para. 1 1 and art. 673 ^ 7 can be appealed or, as the case may be, with appeal with the fund, being subject to the same remedies as the judgment given on the merits of the trial. Art. 673 ^ 9. -In the formation and assignment of lots, the court shall take into account, as the case may be, the agreement of the parties, the size of the part-parts to be given to each of the goods to be divided, the nature of the goods, the domicile and occupation of the parties co-owners, before the split is asked, they made constructions, improvements with the agreement of the co-owners or the like. " 80. In Article I, point 224, Article 720 ^ 8 shall read as follows: "" Art. 720 720 ^ 8. -The decisions given in the first instance concerning trials and applications in commercial matters are enforceable. The exercise of the call shall not suspend the execution. 81. In Article I, point 224, Article 720 ^ 9 shall read as follows: "" Art. 720 720 ^ 9. -For the judicial decision given in commercial matters, which is brought to fruition by forced execution, the judgment, bearing the mention that it is irrevocable, constitutes an enforceable title, without making other formalities. " 82. In Article I, point 224, Article 720 ^ 10 shall read as follows: "" Art. 720 720 ^ 10. -Disputes concerning the conduct of business for the purpose of privatization by estrangement of goods or other values of the assets of companies or other legal entities with state capital, as well as disputes concerning rights and the obligations entered into in this activity shall be settled by the courts having jurisdiction for the trials and applications in commercial matters, in accordance with the provisions of this Code and with the procedure laid down in those provisions. '; 83. In Article I, a new point shall be inserted after point 224, paragraph 224 ^ 1, with the following contents: "" 224 ^ 1. After Article 723 a new article is inserted, Article 723 ^ 1, with the following contents: "" Art. 723 723 ^ 1. -In the cases provided by law, the amount due by the bail title shall be fixed by the court and shall be filed, as the case may be, with the State Treasury, the House of Savings and the Consemnations C.E.C. -S.A. or at any other banking institution in the name of that party, at the disposal of the court or, as the case may be, of the If the law does not provide otherwise, the bail will not represent more than 20% of the value of the object of the application, and in the case of applications whose object is not evaluable in money, it will not exceed the amount of 20 million lei. The bail is issued to the one who filed it to the extent that the one entitled in question did not make a request for payment of due compensation, until the deadline of 30 days from the date on which, by irrevocable decision, the settled the merits. However, the bail shall be released immediately, if the party concerned expressly declares that it does not seek to oblige the opposing party to compensation for the damage caused. "" 84. In Article I, point 225, after paragraph 2 of Article 725, a new paragraph is inserted, paragraph 2 ^ 1: "If the court is abolished, the files will be sent ex officio to the competent court according to the new procedural law." 85. In Article I, point 227, Article 733 shall read as follows: "" Art. 733. -The fines imposed under the provisions of this Code, other tax claims, as well as any amounts that constitute budgetary revenues, according to the law, shall be executed by the competent bodies, according to the legal provisions on forced execution of tax claims and the procedure laid down in those provisions. '; 86. In Article III (1), the second indent shall read as follows: "-" house of deposits "with" State Treasury, House of Savings and Consemnations C.E.C. --S.A. or any other banking institution ";". 87. In Article III (1), the text of the twelfth indent shall be repealed. 88. In Article VIII, the fourth indent shall read as follows: ""-art. 889 889-906 and art. 909 909 of the Commercial Code; ". + Article II (1) Processes pending in the first instance on the date of change of jurisdiction of vested legal courts, as well as remedies are judged by the competent courts, according to the law. (2) Calls on the role of courts of appeal on the date of entry into force of this law and which, according to this law, are within the jurisdiction of the tribunal shall be sent to the courts. (3) The appeals pending before the High Court of Cassation and Justice on the date of entry into force of this law and which, according to the present law, are within the competence of the courts of appeal shall be sent to the courts of appeal. (4) In the cases provided in par. (1)-(3), the sending of files will be made, by administrative means, to the courts becoming competent to judge them. + Article III Provisions of paragraph ((2) of art. 76 76 shall enter into force from 1 January 2006. + Article IV On the date of entry into force of this Law, Government Emergency Ordinance no. 59/2001 amending and supplementing Government Emergency Ordinance no. 138/2000 for the modification and completion of the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 217 217 of 27 April 2001, shall be repealed. This law was adopted by the Romanian Parliament, under the conditions of art. 77 77 para. (2), in compliance with art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. p. CHAMBER OF DEPUTIES PRESIDENT, DAN RADU RUSANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, July 6, 2005. No. 219. -----------