219 of 6 July 2005 approving Government Emergency Ordinance no. 138/2000 amending and supplementing the Code of Civil Procedure
Official Gazette no. 609 on 14 July 2005
Romanian Parliament adopts this law.
To approve Government Emergency Ordinance no. 138 of 14 September 2000 amending and supplementing the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 479 of 2 October 2000, following changes and additions:
1. In Article I, paragraph 1 shall read as follows:
"1. Article 2 reads as follows:
« Art. 2 - The General Court:
1. In the first instance:
|| | a) processes and applications in commercial matters whose object has a value of over 1 billion lei, processes and applications in this field whose object is unrated money;
b) processes and applications in civil whose object is worth more than 5 billion lei, excluding applications for allotment judicial requests in matters of inheritance, applications-monetary and requests regarding matters of Lands, including the common law, suitors or where appropriate, owners, brought by injured parties their rights by enforcing laws in the matter of land;
c) labor disputes, except those which by law to other courts;
d) processes and applications in administrative matters, except those in the competence of the courts of appeal;
E) processes and applications in the field of intellectual creation and industrial property;
F) processes and applications in matters of expropriation;
G) applications for declaration of nullity or dissolution of adoption;
H) applications for damages caused by judicial errors in criminal cases;
I) applications for recognition and the enforcement of judgments for approval given in foreign countries;
2. as courts of appeal, appeals against judgments of courts of first instance;
March. as courts of appeal, appeals against decisions of judges which, by law, are not subject to appeal;
4. any other matters within their jurisdiction by law. ' "
2. In Article I, sections 2 and 3 shall be repealed.
March. In Article I, Section 4 reads as follows:
" 4 . Article 3 reads as follows:
«Art. 3. - Courts of Appeal Judge
1. in the first instance, processes and applications in administrative matters concerning regulatory authorities and central institutions;
2. as courts of appeal, appeals against judgments of courts of first instance;
March. as courts of appeal, appeals against judgments of courts or appeals against judgments of courts of first instance, which, by law, are not subject to appeal, and any other cases provided by law;
4. any other matters within their jurisdiction by law. ' "
4. In Article I, section 5 is repealed.
5. In Article I, section 8, paragraph 5 of Article 22 shall read as follows: || | "the competent court to judge the conflict will decide in closed session without summoning the parties. The decision is subject to appeal within 5 days from the communication, except that imposed by the High Court of Cassation and Justice, which is irrevocable. "
6. In Article I, after point 9 points introduce two new paragraphs 9 ^ 1 ^ 2 and 9, as follows:
"9 ^ 1. In Article 28, insert two new paragraphs, paragraphs 2 and 3, as follows:
"Can not recuse all judges of a court or a division thereof.
Same grounds for challenge can not make a new application against the same judge. "
9 ^ 2. Article 30, paragraph 2 shall read as follows:
"If you can not because recusal form the panel, challenging petition is heard by a higher court." '
7. Article I, section 10 reads as follows:
. "10 Paragraph 3 of Article 30 is repealed. "
8. In Article I, after paragraph 10, insert two new points, points 10 ^ 2 ^ 1:10, as follows:
" 10 ^ 1. In Article 30, after paragraph 3 a new paragraph, paragraph 4, as follows:
"applications challenging the higher courts decide the dispute submitted to the court are inadmissible."
10 ^ 2. Article 31, paragraph 1 shall read as follows:
"a court decide on recusal, in the council chamber without the presence of the parties and the judge recused listening. '"
September. In Article I, after paragraph 12, insert two new points points 12 ^ ^ 2 1:12, as follows:
"12 ^ 1. Article 37 reads as follows:
" Art. 37. - when one party has two family ties up to the fourth degree among magistrates or judicial assistants of the court, the other party may request to be transferred the case to another court of the same level.
Relocating the case may be requested for reasons of legitimate doubt or public security. the suspicion is reckoned legitimate whenever it can be assumed that the impartiality of judges may be impaired due to the circumstance of the case, the quality of the parties or enmity local. it is for reasons of public safety the circumstances that create the assumption that the judgment process before the competent court may cause public nuisance. "
12 ^ 2. In Article 38, paragraph 1 shall read as follows:
" Relocating for reason of kinship or relationship should be required before the commencement of debate; one based on legitimate suspicion or public safety may be asked at any stage of the case. ' "
10. Article I, section 13, paragraph 2 of Article 38 reads as follows:
" The relocation of Public Safety is can only ask the prosecutor of prosecutor's Office High Court of Cassation and Justice. "
11. in Article I, after point 13 new point, point 13 ^ 1, as follows:
"13 ^ 1. In Article 39, paragraph 2 shall read as follows:
"The demand for resettlement on grounds of legitimate doubt or public security shall be lodged with the High Court of Cassation and Justice." '
12. In Article I, after section 20 is a new point, point 20 ^ 1, as follows:
"20 ^ 1. Paragraph 4 of Article 68 shall read as follows:
"If the mandate is given to a person other than a lawyer, the trustee can not make conclusions than through a lawyer, except legal counsel who, by law, is part. '" || | 13. in Article I, after point 21 is a new point, point 21 ^ 1, as follows:
"21 ^ 1. Article 74 reads as follows:
«Art. 74. - He who is unable to meet costs of a trial without jeopardizing their own maintenance or his family may ask the court to exempt legal aid. ' "
14. Article I, section 22, paragraph 1 of paragraph 1 of Article 75 shall read as follows:
"1. granting exemptions, reductions, rescheduling or delays to pay court fees, judicial stamp and surety; ".
15. In Article I, after point 22 points are inserted four new paragraphs 22 ^ 1-22 ^ 4 follows:
"22 ^ 1. Article 76 reads as follows:
«Art. 76. - The application for legal aid shall be in writing and filed with the court for the cases provided for in art. 75 para. 1 pt. 1 or, where applicable, the Bar Association for the cases provided for in art. 75 para. 1 pt. 2, according to the law.
Amounts necessary legal aid shall be determined annually by the State Budget Law. »
22 ^ 2. Article 77 reads as follows:
«Art. 77. - The application shall include particulars relating to the subject and nature of the process for requesting assistance, identity, residence and financial situation of the applicant, clinging, also written evidence about his income and the maintenance obligations or payment which he It has for others.
The court will examine the request and may request clarifications and evidence thereof parties or written information to the competent authorities.
Court will rule on the request without discussion by closing time in the council chamber.
Application for a declaration of conclusion with assistance provided under art. 75 para. 1 pt. 2 shall be sent forthwith bar to proceed to ensure legal assistance in case law. »
22 ^ 3. Article 78 reads as follows:
«Art. 78. - Any interested party may appear at any court evidence on the actual situation of the application which was approved; legal assistance shall not be suspended during the new research.
If the court finds that the request for assistance was made in bad faith by hiding the truth, it may, by concluding, order that party to pay the amounts due. The provisions of art. 77 para. 3 apply. »
22 -4. Article 79 reads as follows:
«Art. 79. - The decisions referred to in art. 77 para. 3 and art. 78 para. 2 are not subject to any appeal. ' "
16. Article I, paragraph 23 reads as follows:
" 23. Article 81 reads as follows:
"Art. 81. - Expenditures for which benefited from exemptions or reductions in legal aid approval will be allocated to the other party if it fell into his claims.
Appointed lawyers for defense and assistance referred to in art. 75 para. 1 pt. 2 have the right to ask the court that their fees be put in charge the other party if it fell into his claims.
The judgment including the obligation to pay amounts under par. 1 and 2, and the conclusion of liability for the amounts referred to in art. 78 para. 2 be enforceable.
If the enforcement order is grounds for execution of budgetary debts, it will be communicated ex officio to the competent bodies. " '
17. Article I, Section 36, Article 92 ^ 1 shall read as follows: || | "Art. 92 ^ 1. - Communication summons and other procedural documents can not be achieved by posting legal persons and associations or companies which, by law, can stand trial, except to refuse receipt or if it lack any people at their headquarters. "
18. Article I, section 39, introductory part and point d) of section 2 of paragraph 1 of Article 108 ^ 1 shall read as follows:
" If the law provides otherwise, court under the provisions of this article may penalize the following acts committed in connection with the process thus:
D) failure of the leadership of the enterprise which is to be made of the measures necessary expertise to the procedure or for timely expertise and by any person to prevent the expertise in the law; ". | ||
19. Article I, section 39, after point g) of paragraph 2 of paragraph 1 of Article 108 ^ 1 introduce two new letters, letters h) and i), as follows: || | 'h) in any way impeding the exercise, in relation to the process of the tasks incumbent judges, court-appointed experts in the law, procedural officers and other employees of the court;
I) failure by the bailiff of the obligation to submit to the court file execution documents, according to art. 373 ^ 1 par. 3. "
20. Article I, Section 42, Article 114 reads as follows:
" Art. 114. - on receipt of summons President or the judge who replaces him will see whether it meets the legal requirements. Where appropriate, the applicant was put in mind to complete or amend the application and deposit, according to art. 112 par. 2 and art. 113, and request certified copies of all the documents underlying its request.
The applicant will complete the request immediately. When filling is not possible, the application will be registered and the applicant will be given a short deadline. If the application was received by post, the applicant shall be notified in writing its shortcomings, noting that until the time limit expires, will make necessary additions or changes.
Award deadline, par. 2 is, in all cases, except that this time the obligations failure on additions or changes in demand may result in suspension of judgment.
If supplementing or changing demand obligations are not met within the deadline provided in par. 2, the suspension of judgment decides by closing according to art.
339. In the process, in terms of art. 47 are several plaintiffs or defendants, the presiding judge, given the very large number of them, the need to ensure the normal activity of law, respecting the rights and interests of the parties, may order their representation by proxy and the procedure for communication of procedural acts only on behalf of the trustee, the residence or location. Representation will be made, where appropriate, by one or more trustees, individuals or legal provisions of art. 68 and Art. 114 ^ 1 is applicable accordingly. Proof of the mandate will be submitted by the applicants, as provided in par. 2 and by the defendants, with welcoming. If the parties do not choose an agent or representative can not agree on the person, where applicants will apply the provisions of par. 4, and the defendants, the presiding judge will appoint a special guardian. "
21. Article I, Section 43, paragraphs 3 and 5 of Article 114 ^ 1 shall read as follows:
"The first hearing will be set so that the receipt of the summons the defendant should be given at least 15 days to prepare his defense, and emergency processes at least 5 days. For periods following the first period after scrapping fixed with reference necercetarea determined by the fund shall remain applicable provisions of art. 89 par. 1
.. Subject debate at the first hearing day, the President, on the occasion of fixing the term provided in para. 1 if requested by the application, the defendant may summon for questioning, other measures of evidence and any other measures necessary for the conduct of law. "
22. Article I, section 44, paragraph 2 of Article 118 is repealed.
23. Article I, section 44, paragraph 3 of Article 118 reads as follows:
"If the defendant is not represented or assisted by a lawyer, the president shall put in mind, the first day of the trial, to show the exceptions, evidence and all his means of defense which will be made in the conclusions of the hearing, the court will grant the request, time to prepare a defense and filing the answer. "
24. In Article I, after paragraph 44, a new point, point 44 ^ 1, as follows:
"44 ^ 1. Paragraph 1 of Article 119 reads as follows:
" If the defendant has claims about the applicant's request, he can do counterclaim. ' "
25. Article I, section 46, paragraph 2 of Article 129 reads as follows:
"The judge will regard the parties' rights and obligations in their quality of process and continues in all procedural steps for amicable case. "
26. Article I, section 46, paragraph 3 of Article 129 is repealed.
27. Article I, section 51, paragraph 3 of Article 153 reads as follows:
"The term got informed or that were sent summonses may not be changed only for compelling reasons and by summoning the parties. Summoning them is within in short, in the council chamber. Addressing the demand for the replacement of the first hearing is for the court president, the vice-president of the court, a division president or the judge who replaces him. during the judging process the request for the replacement of the term shall be settled by the panel of judges. "
28. Article I, Section 53, Article 155 ^ 1 shall read as follows:
"Art. 155 ^ 1. - When you find that the normal process is hampered by the fault of the appellant, by failing obligations under the law or established during judgment, the court may suspend judgment, pointing concluding that certain obligations were not met. the provisions of art. 108 ^ 3 are applicable.
at the request of the judgment will be reversed if the obligations referred to in para. 1 were met and, by law, it can continue. the provisions of art. 155 par. 2 shall apply accordingly. "
29. In Article I, after point 55 is a new point, point 55 ^ 1, as follows:
"55 ^ 1. After Article 171 introduces a new article, Article 171 ^ 1, as follows: || | «Art. 171 ^ 1. - in cases where the sample was ordered ex officio or at the request of the prosecutor in the running of it in terms of art. 45 par. 2, the court shall, by the end, the administration costs of the sample and the need to pay, and could put them in the task of both parties. ' "
30. Article I, section 64, paragraph 1 of Article 202 reads as follows:
"If the parties do not agreement on the appointment of experts, they will be called by the court, by drawing lots, in public session on the list compiled and communicated by the local office of expertise, including those entered in the those authorized by law to perform judicial expertise. "
31. Article I, Section 67 is repealed.
32. In Article I, after point 72 is a new point, point 72 ^ 1, as follows:
"72 ^ 1. In Chapter III of Title III of Book II, is inserted after Article 241 Section III ^ 1 as follows:
"SECfiIUNEA III ^ 1
research process when taken by attorneys
Art. 241 ^ 1. - the provisions of this section apply only if property disputes, apart from those relating to rights upon which the law allows no transaction is made.
Art. 241 ^ 2. - on the first day of the trial parties may agree that lawyers assisting them and manage them is evidence concerned , according to this section.
Consent to the taking of evidence, provided in par. 1 will give the parties personally or by proxy with special proxy to the court, taking note of this in the end, or document drawn up before which the lawyer is obliged to certify the consent and signature of the party that assist or represent. If there are multiple parties assisted by the same lawyer, consent shall be given by each of them separately.
Addition, each Party shall declare the procedure in this section shall elect domicile at the lawyer representing him.
The consent given under paragraph. 2 can not be revoked by either party.
Art. 241 ^ 3. - In case of representation of the parties under Art. 241 ^ 2, hearings may be held in closed session, with the involvement of lawyers, parties or being admitted and, where appropriate, their representatives.
Art. 241-4. - After establishing the validity of the consent given in accordance with art. 241 ^ 2 court:
1. will resolve exceptions that are raised or you can pick from the office;
2. will decide on requests for intervention by the parties or third parties under the law;
March. will examine each claim and defense in part, of an application for summons, a defense lawyers and explanations;
4. will determine which claims are recognized and which are disputed;
May. on request, we have, under the law, precautionary measures or measures to ensure evidence for a finding of facts, if these measures were not taken, in whole or in part, according to art. 114 ^ 1 par. 6;
June. would take note of the waiver applicant, the defendant or acquiescence of the transaction parties;
July. will approve the evidence requested by the parties, it finds conclusive, and those which, by default it deems necessary for the trial; provisions of art. 168 are applicable;
August. will decide on any other applications that can be drawn from the first day of the trial.
When law to claims in par. 1 may be formulated after the first day of the hearing, the court may grant this purpose a short term given informed the parties represented by counsel.
Provisions of art. 131 and 138, except those from pt. 4 of the latter article are applicable.
The unjustified missing the deadline for declaration of evidence will be deprived of its right to propose and manage any evidence, except for the documentary, but will participate in the taking of evidence by the other party and will be able to combat this evidence .
Art. 241? 5. - For advocates of evidence by the court will set a period of up to six months, given the volume and complexity.
Deadline in par. 1 may be extended if in the course of evidence:
1. invoking an exception or procedural incident on which, by law, the court must rule; In this case, a further period of time as the plea settlement or incident;
2. has ceased for any reason, the legal assistance of one party and his lawyer; In this case, the term shall be extended by one month for hiring another lawyer;
March. one party has died; In this case, the deadline is extended by the time the process is suspended under Art. 243. 1 pt. 1 or the time allowed for the introduction of the interested party to the proceedings heirs;
4. in any other cases where the law provides for suspension of the trial, the deadline is extended by the period of suspension, the provisions of art. 242 par. 1 pt. 2 being not applicable.
Art. 241 ^ 6. - No later than 15 days after sample approval parties' lawyers will present their court management program, with the signature of lawyers, which will show where and when each test administration. The program is conceded by the court, in closed session, and shall be binding on the parties and their lawyers.
The processes referred to in art. 45 para. 3 and 4 par nodded program. 1 shall be communicated immediately to the prosecutor, according to art. 241 ^ 17.
Samples can be administered in one of the lawyers office or any other place agreed that the nature of proof requires. Parties by lawyers are obliged to communicate the documents and any other documents, by registered letter with acknowledgment of receipt or directly under signature. Failure
program provided for in paragraph unjustified. 1 entail the forfeiture of part of its right to manage sample.
Provisions of art. 170 are applicable.
Art. 241 ^ 7. - If in the course of evidence one party makes a request, raises an objection inadmissible any evidence or any other incident of evidence, it will notify the court, summoning the other party, the conclusion given in the Council Chamber, will rule immediately, and when necessary, within 30 days from the date on which it was referred. The conclusion may be challenged only once reserved process.
Art. 241 ^ 8. - If it has the appearance of a document held by an authority or another person, the court, according to Art. 175, will have the document request and as soon as it is filed with the court a copy of each lawyer's communication.
Art. 241 ^ 9. - If one party does not recognize the handwriting or signature from a registered lawyer interested party, according to art. 241 ^ 7 will ask the court to proceed with the verification of records.
Art. 241 ^ 10. - Witnesses to be examined, the place and date of the program approved by the court, the lawyers of the parties under art. 192 and 196, which apply accordingly. Is made without hearing witnesses on oath, but putting them into the fact that if they did not tell the truth, commit the crime of perjury. About all they do mention in the written statement. Witnesses
look at art. 195 will be heard only by the court.
Art. 241 ^ 11. - The testimony will be recorded even by a person agreed by the parties and will be signed on each page and its end, the parties' lawyers, at which he records and witness after he became aware of the contents of the deposit.
Any additions, deletions or changes in the content of the testimony must be assented by the show's signature par. 1, under penalty of not being considered.
If testimony was stenodactilografiată, it will be transcribed. Both the transcript and its transcript shall be signed par. 1 and filed.
Art. 241 ^ 12. - The parties may agree that witness statements be recorded and certified by a notary public. The provisions of art. 241 ^ 10 shall apply.
Art. 241 ^ 13. - Where is unacceptable expertise in program management expert evidence on behalf of the Parties shall be chosen by mutual consent that their names and their respective advisers.
If the parties do not agreement on the choice of the expert, they will ask the court to proceed with its designation, according to art. 202.
The expert is obliged to perform and expertise to teach lawyers of the parties, signed the receipt at least 30 days before the deadline set by the court under Art. 241? 5. He also has the duty to give explanations lawyers and the parties, and after setting the date of judgment, to comply with Art. 211 et seq.
Art. 241 ^ 14. - If ordering an investigation at the scene, it will be done by the court according to Art. 215-217. The minutes referred to in Art. 216 par. 2 will be drawn up in as many copies as there are parties and their lawyers will be given within 5 days of the investigation.
Art. 241 ^ 15. - When the call was approved interrogation, the court will summon the parties, the deadline in the council chamber. Copies of such interrogation took and on the ordered and received in accordance with art. 222 par. One will be delivered soon lawyers of the parties.
Art. 241 ^ 16. - The court, under art. 241 ^ 7 will decide on the request for replacement of witnesses, listening again or their confrontation.
Also, given in par. 1, the court will rule on the request to allow new witnesses or other evidence that may be necessary and could not expect to be required under Art. 241-4 par. 1 pt. 7
Art. 241 ^ 17. - After taking all the evidence approved by the court the applicant, through his lawyer, will draw written conclusions on the support of his claims, they shall send, by registered letter with acknowledgment of receipt or hand them directly, upon signature, other parties in the process and, where appropriate, the Public Ministry.
After receiving the written submissions of the complainant every part by his attorney, will draw their own conclusions written that you will communicate par. 1 complainant, other parties and, where appropriate, the Public Ministry.
Art. 241 ^ 18. - Lawyers parties will form a folder for each side and one for the court, which shall submit a copy of all documents that by law are found each test administration.
Records in para. One will be numbered and will be signed şnuruite lawyers of the parties on each page.
Art. 241 ^ 19. - The deadline set by the court under Art. 241? 5 lawyers parties will jointly present the court case file prepared according to art. 241 ^ 18.
Received the file, the court will set a deadline judgment given informed the parties that can not be longer than one month of receipt of the case. At the time, the court may proceed to trial on the merits of the process, giving the parties the floor to conclusions attorney.
Art. 241 ^ 20. - The period prescribed by art. 241 ^ 19 par. 2 if necessary, the court will decide by a motivated, to be administered immediately before it all or some of the evidence by lawyers. In this case, the taking of evidence the court will set short deadlines further information notified to the parties.
For submission to the court witnesses will be summoned also in the short term, the causes being considered urgent. The provisions of art. 89 para. 1 and art. 188 par. 2 are applicable.
Art. 241 ^ 21. - The provisions of Section III of this chapter shall apply if otherwise provided in this section.
At the request of the lawyer or interested party the court may take the measure fine and ordered to pay damages in the cases and conditions provided by art. 108 ^ 1-108-4.
Art. 241 ^ 22. - The provisions of this section shall apply accordingly and legal advisers who, by law, is part. ' "
33. In Article I, after point 76 is a new point, point 76 ^ 1, as follows: | || "76 ^ 1. Point 2 of paragraph 1 of Article 244 reads as follows:
"2. when to start prosecution for an offense that would have an influence on crucial judgment that is to be given. ' "
34. Article I, section 77, paragraph 1 of Article 244 ^ 1 shall read as follows:
"on the suspension of the trial, the court will decide by ruling that can be appealed separately, except those given on appeal."
35. Article I, section 81, after paragraph 2 of Article 252 is introduced new paragraph, paragraph 3, as follows:
"obsolescence application for summons can not be raised for the first time on appeal."
36. in Article I, after point 84 is a new point point 84 ^ 1, as follows:
"84 ^ 1. Paragraph 8 of paragraph 1 of Article 261 reads as follows:
"8. mention that the delivery was made in open court, and the signatures of judges and the Registrar. ' "
37. In Article I, after point 85, the three new points, points 85 ^ 1, 2 and 85 ^ 85 ^ 3, with follows:
"85 ^ 1. Section 1 of Article 264 reads as follows:
"Motivation decision will be made no later than 30 days after delivery. If the court was composed of several judges, the President will be able to commission one of them with drafting the judgment. »
85 ^ 2. Paragraph 3 of Article 266 reads as follows:
"Judgment will be communicated to the parties copy, if when necessary for the running of the exercise of call or appeal."
85 ^ 3. Article 270 reads as follows:
«Art. 270. - If the defendant acknowledges a part of the applicant's claims, the court, on request, will give a partial judgment to the extent of recognition. The provisions of art. 273 are applicable. ' "
38. Article I, section 91, paragraph 1 of Article 281 ^ 1 shall read as follows:
" Where necessary clarifications concerning the meaning, scope or application of part of the judgment or it contains provisions contrary, the parties may ask the court whose decision to declare the device or remove the provisions contrary. "
39. in Article I, after point 93 is a new point, point 93 ^ 1, as follows :
"93 ^ 1. Article 282 reads as follows:
«Art. 282. - The decisions of the court of first instance are subject to appeal in court and the judgments given in the first instance court are subject to appeal to the Court of Appeal. Against
prior rulings can be appealed not only reserved, unless when they stopped by during the trial. ' "
40. Article I, section 94, paragraph 1 of Article 282 ^ 1 will follows:
"I am not subject to appeal judgments in first instance given the demands placed on the main track on alimony, litigation whose object has a value of up to 1 billion lei including both civil and Trading in shares holders and those relating to the registers of civil status records, taking precautionary measures in other cases provided by law. "
41. In Article I, after paragraph 95, insert two new points, 95 points and 95 ^ 1 ^ 2, as follows:
"95 ^ 1. Point 1 of paragraph 1 of Article 287 reads as follows:
"1. the name, domicile or residence of the parties or, for legal entities, name and registered office and, where applicable, the registration number or trade register registration in the register of legal entities, the tax code and bank account. If the caller lives abroad will show and address for service in Romania, which is to be made all communications regarding the process; ".
95 ^ 2. After paragraph 3 of Article 287 paragraph 4 is inserted as follows:
" the deadline for submission grounds of appeal shall be counted from the judgment, even if the call was made before communication. ' "
42. Article I, section 97, paragraph 2 of Article 291 reads as follows:
"If the defendant is missing the first day of the trial and the court finds that the grounds of appeal were not disclosed, will decide to postpone the case and conducting communication and if the reasons were not communicated in time, the court shall order an adjournment to the requirements of art. 114 ^ 1 par. 3 or 4, as appropriate. "
43. Article I, Section 103, Article 296 reads as follows:
"Art. 296. - The court of appeal can keep or change, in whole or in part, the judgment under appeal. The caller can not but create their own way attack worse off than that of the contested judgment. "
44. Article I, section 104, paragraph 1 of Article 297 reads as follows:
"If it is found that, wrongly, the court first solved without the fund enters into research or judgment was made without the part which was not legally summoned, the appellate court will terminate the judgment under appeal and send the case back to court first. "
45. In Article I, after point 106 points introduce two new paragraphs 106 and 106 ^ 2 ^ 1, as follows:
"106 ^ 1. In Article 299, paragraphs 1 and 2 shall read as follows:
"the decisions without appeal, the data call and, as provided by law, the decisions of other organs of judicial activity are subject to appeal. the provisions of art. 282 par. 2 shall apply accordingly.
appeal is settled by the next higher court which delivered the judgment on appeal. "
106 ^ 2. in Article 299, paragraph 3 shall be repealed."
46. Article I, section 109, paragraph 5 of Article 300 shall read as follows:
"For good reasons, the court may reconsider the suspension granted, and para. 3 being applied properly."
47. In Article I, after point 109 is a new point, point 109 ^ 1, as follows:
"109 ^ 1. Article 301 reads as follows:
" Art. 301. - The deadline for appeal 15 days of the judgment, unless the law provides otherwise. the provisions of art. 284 par. 2 to 4 shall apply accordingly. ' "
48. Article I, section 110 is repealed.
49. In Article I, after point 111 is a new point, point 111 ^ 1, as follows:
"111 ^ 1. In Article 304, section 10 is repealed."
50. In Article I, paragraphs 114 and 115 read as follows:
"114. In Article 308, paragraph 3 is repealed.
115. In Article 308, paragraph 4 is repealed."
51. In Article I, after point 115 is a new point, point 115 ^ 1, as follows:
"115 ^ 1. Paragraph 5 of Article 308 shall be repealed."
52. Article I, section 116, paragraph 3 of Article 312 reads as follows:
"Changing to pronounce judgment under appeal for the reasons specified in Art. 304 pt. 6, 7, 8 and 9, and quashing those provided for by art. 304 pts. 1, 2, 3, 4 and 5, and in all cases the court whose decision is being appealed solved the process without entering the research fund or modification of the decision is not possible, being necessary to administer new evidence. If are found grounds for many reasons, some of which attract modification and other quashed, the appeal court would quash the judgment under appeal in its entirety to ensure a uniform judgment. "
53. In Article I, after point 120 is a new point, point 120 ^ 1, as follows:
"120 ^ 1. Paragraph 1 of Article 318 reads as follows:
" The decisions of courts of appeal may be challenged by appeal rulings given when material is the result of mistakes or the court, or admitting it dismissed the appeal in part, omitted by mistake no reason to investigate amending or scrapping. ' "
54. In Article I, after item 121, insert two new points, 121 points and 121 ^ 2 ^ 1, as follows:
"121 ^ 1. Paragraph 2 of Article 319 reads as follows:
"Appeal may be submitted at any time prior to the beginning of enforcement, and during them until the deadline in Art. 401 par. 1 letter b) or c). Against final judgments which do not bring out about enforcement, appeal may be lodged within 15 days from the date when the applicant was informed of the decision, but not later than one year from the date when the decision becomes final . "121
^ 2. After Article 319 introduces a new article, Article 319 ^ 1, as follows:
«Art. 319 ^ 1. - The court may suspend the execution of the decision whose annulment is requested, provided a security deposit. The provisions of art. 403 par. 3 and 4 shall apply accordingly. ' "
55. Article I, section 123, paragraph 4 of Article 322 shall read as follows:
" 4. if a judge, witness or expert who took part in the trial, was sentenced for an offense related to the cause or if the judgment was given on the basis of a document declared false during or after judgment or if a magistrate has been disciplined for exercising bad faith or gross negligence in that case; ".
56. in Article I, after point 129 is a new point, point 129 ^ 1, as follows:
" 129 ^ 1 . Section 2 of Article 328 reads as follows:
"If asked to review the appeal adverse judgments is the appeal unless the court review is the High Court of Cassation and Justice, whose decision is final." "
57. Article I, paragraph 130 reads as follows:
" 130. Article 329 reads as follows:
«Art. 329. - General Prosecutor's Office attached to the High Court of Cassation and Justice, ex officio or at the request of the Minister of Justice and the leading boards of the Courts of Appeal allowed, in order to ensure consistent interpretation and application of the law throughout the Romania to ask the High court of Cassation and Justice to rule on points of law that have been resolved differently by the courts.
Decisions which resolves complaints are issued by the divisions of the High Court of Cassation and Justice and published in the Official Gazette of Romania, Part I.
solutions to pronounce only on points of law, have no effect on judgments examined, nor on the state parties to those proceedings. Rulings given by law is mandatory for courts judged. ' "
58. Article I, sections 131-134, paragraph 1 of Article 330 ^ 3 and ^ 4 of Article 330 of Civil Procedure Code is repealed. || | 59. in Article I, after point 134 is a new point, point 134 ^ 1, as follows:
"134 ^ 1. Article 336 reads as follows:
«Art. 336. - Conclusion which authorize the request is enforceable. It is subject to appeal.
Term appeal of the ruling will flow to those who were present, and communication for those missing.
Appeal may be made by any interested person, even if not absolution cited in the application.
Conclusion Enforcement may be suspended by the court of appeal with or without bail.
The appeal shall be heard in camera. ' "
60. Article I, section 135, paragraph 3 of Article 339 reads as follows:
' appeal against the decision given by the court president shall be tried by the tribunal, and an appeal against the decision given by the court president or court of appeal shall be heard by a full court. "
61. in Article I, after point 135 is a new point, point 135 ^ 1, as follows: | || "135 ^ 1. Section 1 of Article 365 reads as follows:
"The power to judge at first instance for annulment of the court immediately superior to the returns provided for in art. 342, in whose jurisdiction the arbitration took place. ' "
62. Article I, section 136, paragraph 3 of Article 365 reads as follows:
" The court may suspend the execution of the arbitral award which was introduced against action for annulment only after filing a bail fixed it. The provisions of art. 403 par. 3 and 4 shall apply accordingly. "
63. In Article I, after point 136 is a new point, point 136 ^ 1, as follows:
" 136 ^ 1. After Article 366 introduces a new article, Article 366 ^ 1, as follows:
«Art. 366 ^ 1. - In all cases the arbitral award, the action brought under Art. 364 judging panel referred to in the judgment at first instance and the appeal shall be heard and the panel provided for this remedy. ' "
64. Article I, section 137, after paragraph 2 of Article 371 ^ 2 is a new paragraph, paragraph 3, as follows:
"If the enforcement order contains sufficient criteria according to which the enforcement organ can update the amount of the obligation set out in money, of whatever nature, will proceed and updating amount. If the enforcement order contains no such criterion, the enforcing body shall proceed to update depending on the currency in which the payment is determined on the payment date effective enforceable obligation contained in the title. "
65. Article I, section 141, paragraph 2 of Article 373 ^ 1 shall read as follows:
"The court authorize enforcement by closing time in closed session without summoning the parties. The conclusion by the president of the court accepts the application for a declaration of enforcement it is not subject to appeal. the conclusion rejecting the request for a declaration of enforcement may be appealed by the creditor, within 5 days from the communication. "
66. Article I, section 141, paragraph 1 of Article 373 ^ 3 reads as follows:
"The conclusion that the presiding judge rejects the declared enforceable court decision or another document or application for release by court title enforceable in cases stipulated by law may be appealed by the creditor. the deadline for appeal is 5 days and flows from the delivery to the creditor present, and communication for the missing. "
67. Article I, section 141, paragraph 1 of article 373 by ^ 3 introduces a new paragraph, paragraph 1 1, as follows:
"The conclusion that the president of the court accepts the application declared enforceable court decision or another entered in cases provided by law is not subject to appeal. "
68. Article I, section 156, paragraph 1 of Article 399 reads as follows:
"Against enforcement and against any act of execution may be filed by those interested or injured by execution. Also, unless use the procedure laid down in art. 281 ^ 1, can appeal and if necessary clarifications concerning the meaning, scope or application of the writ of execution and if the execution body refuses to perform an act of execution provided by law. "
69. Article I, section 156, after paragraph 2 of Article 399 is a new paragraph, paragraph 2 ^ 1, as follows:
"Also, after enforcement began, those interested or aggrieved may, on the way execution appeal and ordering the cancellation conclusion made enforceable or, where appropriate, enforceability, once without fulfilling the legal requirements. "
70. Article I, section 156, after paragraph 1 of Article 401 is a new paragraph, paragraph 1 1, as follows:
'appeal concerning clarification of the meaning, scope or application of the writ of execution may be made at any time within the period of limitation right to require enforcement. "
71. Article I, section 156, paragraph 4 of Article 403 shall read as follows:
"In urgent cases, whether to bail, the presiding judge may order, upon without summoning the parties, the temporary suspension of execution until the settlement of the suspension by the court. the conclusion is not subject to appeal. the security to be lodged is in the amount of 10% of the value of the application or 5 million for claims-monetary. bail deposited is deductible bail set by the court, if appropriate."
72. Article I, section 158, paragraph 1 of article 405 by ^ 1 insert a new paragraph, paragraph 1 1, as follows:
"After the termination of the suspension, the limitation period resumes its course, as it was believed the elapsed before suspension."
73. Article I, section 199, paragraph 1 of Article 460 reads as follows:
"If the third party withheld and no longer meets the obligations incumbent to perform garnishment, including where, instead of tracking record amount released a debtor withheld creditor, the debtor or enforcement body, within three months from the date when the third party withheld shall deposit or pay the amount therefore may refer the enforcement court, in order to validate the seizure. "
74. Article I, section 208, the introductory phrase and paragraph 8 of Article 516 shall read as follows:
"After paying full price or advance provided for in Art. 515 and 15 days after the deadline provided for in art. 401 par. 1 a), if the property was sold in installments, executor, on based on the minutes of the auction, will prepare the tender document, which will contain the following particulars: ..
August. indication that the act of adjudication is title and can be recorded in the land registry and the that for the winning bidder shall be enforceable against the debtor, if the property is in possession of the latter; ".
75. Article I, Section 210, Article 564 reads as follows:
"Art. 564. - If there are creditors who of the property, have rights pledge, mortgage or other pre-emptive rights preserved under the conditions provided by law, the distribution of the amount obtained from the sale, their claims will be paid before the claims referred to in art. 563 par. 1 b). "
76. Article I, section 210, paragraph 1 of Article 567 reads as follows:
"Receivables conditional or subject to a standstill period will be paid according to the order of preferences provided for in Art. 563 and 564."
77. In Article I, after point 217 is a new point, point 217 ^ 1, as follows:
"217 ^ 1. Paragraph 2 of Article 588 reads as follows:
" The debtor, in this case, can, to be free, to record the amount or property given to the House of Savings CEC - SA or, where appropriate, a specialized unit and receipt will be submitted to the bailiff attached to the domicile of the creditor. ' "
78. Article I, Section 218, Article 595 reads as follows:
"Art. 595 - If the proceedings, under which was affirmed precautionary measure, was canceled, rejected or obsolete by final judgment or unless the person who made it renounced judging it, the debtor may request the lifting of the measure by the court that approved of it. on request the court to pronounce the irrevocable, once without summoning the parties. the provisions of art. 593 shall apply accordingly . "
79. Article I, section 222, Articles 673 ^ 673 ^ 8 and 9 shall read as follows:
"Art. 673 ^ 8. - The decisions referred to in Art. 673 ^ 6 para. 1 and Art. 673 ^ 7 may be appealed the appeal or, where appropriate, by appeal with the fund being subject to the same appeal as the judgment given on the merits of the process.
Art. 673 ^ 9. - the formation and allocation of lots, the court will consider, where appropriate and the parties' agreement, the size of quota that is due each times the mass of goods divided nature of the goods, residence and occupation, the fact that some of the co-owners before being asked parting, did construction, improvements in agreement with the co-owners or like. "
80. Article I, Section 224, Article 720 ^ 8 reads as follows:
"Art. 720 ^ 8. - The decisions at first instance on processes and applications in commercial matters are enforceable. Exercise appeal does not suspend enforcement of law."
81. Article I, Section 224, Article 720 ^ 9 reads as follows:
"Art. 720 ^ 9. - To Court ruling in commercial matters, which is brought out by enforcement, the decision by indicating that it is irrevocable be enforceable without other formalities. "
82. Article I, Section 224, Article 720 ^ 10 shall read as follows:
"Art. 720 ^ 10. - Disputes concerning the activity further privatization through alienation of goods or other heritage values of companies or other legal entities state capital, and disputes concerning the rights and obligations under this activity shall be settled by courts having jurisdiction court processes and applications in commercial matters, in accordance with this code and with the procedure referred to therein. "
83. In Article I, after point 224 is a new point, point 224 ^ 1, as follows:
"224 ^ 1. After Article 723 introduces a new article, Article 723 ^ 1, as follows: || | «Art. 723 ^ 1. - in cases provided by law, the amount owed by hand by way of bail is fixed by the court and submitted, where appropriate, the Treasury, home Savings Bank CEC - SA or any another banking institution on behalf of that party to the proceedings or, where applicable, the bailiff.
If the law provides otherwise, the deposit will not represent more than 20% of the value of the application and to applications whose object is not measured in money, will not exceed $ 20 million.
Bail is issued one who has done it to the extent that the question is not justified in the filed request for payment of compensation due until the expiry of 30 days from the date on which the final decision was settled merits. However, the security shall be released forthwith if the interested party expressly declares that no other party seeking an order that the damage caused. " '
84. Article I, section 225, after paragraph 2 of Article 725 is introduced a new paragraph, paragraph 2 ^ 1, as follows:
"If the court is abolished, the files will be sent to the competent court according to the law office new procedure."
85. Article I, section 227 Article 733 reads as follows:
"Art. 733. - Fines imposed pursuant to this Code and other tax receivables and any amounts which are revenue budget law to be implemented by the competent bodies, according to the law on enforcement of tax claims and the procedure under those provisions . "
86. in Article III 1 second indent reads as follows:
'-" house deposit "with" State Treasury CEC Savings House - SA or any other banking institution » ; ".
87. in Article III 1, the text in the twelfth indent is repealed.
88. Article VIII, the fourth indent shall read as follows:
" - art. 889-906 and art. 909 of the Commercial Code; ".
Article II (1) Trials on trial in the first instance upon the change of jurisdiction of the courts legally invested and appeals shall judge the competent courts under the law.
(2) calls pending in courts of appeal upon the entry into force of this law and under this law, the competence of the tribunal will be sent to the courts.
(3) the appeals pending before the High Court of Cassation and Justice after the entry into force of this law and under this law, the competence of the courts of appeal will be sent to courts of appeal.
(4) in the cases under par. (1) - (3), sending files will be made administratively, courts become competent to judge them.
provisions of Article III para. (2) art. 76 shall enter into force from 1 January 2006. Article IV
|| | on the date of entry into force of this law, the Government emergency Ordinance no. 59/2001 amending and supplementing Government Emergency Ordinance no. 138/2000 amending and supplementing the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 217 of 27 April 2001 is hereby repealed.
This law was adopted by the Romanian Parliament, under art. 77 para. (2) with respect to art. 75 and Art. 76 para. (1) of the Romanian Constitution.
P. Chamber of Deputies Speaker Dan Radu Ruşanu
Nicolae Vacaroiu Bucharest, July 6, 2005.
No. 219. -----------