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Law No. 195 Of 25 May 2004 Approving Government Emergency Ordinance Nr. 58/2003 Concerning The Modification And Completion Of The Code Of Civil Procedure

Original Language Title:  LEGE nr. 195 din 25 mai 2004 pentru aprobarea Ordonanţei de urgenţă a Guvernului nr. 58/2003 privind modificarea şi completarea Codului de procedură civilă

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LEGE no. 195 195 of 25 May 2004 for approval Government Emergency Ordinance no. 58/2003 amending and supplementing the Code of Civil Procedure
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 470 470 of 26 May 2004



The Romanian Parliament adopts this law + Article I Approval Government Emergency Ordinance no. 58 58 of 25 June 2003 on the modification and completion of the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 460 of 28 June 2003, with the following amendments and additions: 1. In Article I, point 4 shall read as follows: "" Four. Points 2 and 3 of Article 2 will read as follows: " 2. as courts of appeal, appeals declared against judgments rendered by the court in the first instance, in the cases expressly provided by law; 3. as courts of appeal, appeals in cases expressly provided by law. "" 2. in Article I, point 5, after point 2 of Article 3, point 2 ^ 1 is inserted as follows: "2 ^ 1. as courts of appeal, appeals in cases expressly provided by law;". 3. In Article I, paragraph 7, paragraph 1 of Article 282 shall read as follows: "The decisions given in the first court of trial and the court are subject to appeal to the court of appeal, if by law it is not provided otherwise." 4. In Article I, point 7 is inserted after point 7, with the following contents: " 7 ^ 1. 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, those relating to the records in civil status registers, the taking of precautionary measures, as well as in other cases provided by law. "" 5. In Article I, point 8 shall read as follows: "" 8. In Article 299, paragraphs 2 and 3 are inserted as follows: " The appeal is settled by the High Court of Cassation and Justice, if by law it is not provided otherwise. In situations where, according to the provisions of this Code or special law, the terminations or other judgments rendered by the courts are subject only to the appeal, the adjudication of this remedy is within the jurisdiction of the court immediately superior to the one who pronounced the judgment in question or, as the case may be, the jurisdiction of the express court provided by law 6. In Article I, point 9, Article 302 ^ 1 shall read as follows: "" Art. 302 302 ^ 1. -The application for appeal shall include, under penalty of invalidity, the following particulars: a) the names, domicile or residence of the parties or, for legal persons, their name and place of business, and, where applicable, the registration number in the register of trade or the register of legal persons, the unique registration code or, where applicable, the tax code and the bank account. If the appellant lives abroad, he will also show the domicile chosen in Romania, where all the communications on the process are to be made; b) indication of the attacking decision; c) the grounds of unlawfulness on which the appeal is based and their development or, where appropriate, the indication that the grounds will be lodged by a separate memo; d) signature. At the request for appeal, proof of payment of stamp duty will be attached, according to the law. " 7. In Article I, points 10 ^ 1 and 10 ^ 2 are inserted after point 10: " 10 ^ 1. The introductory part of Article 304 shall read as follows: "Modification or scrapping of judgments may be required in the following situations, only for reasons of illegality." 10 ^ 2. Article 305 shall read as follows: "" Art. 305. -No new evidence may be produced in the appeal court, except for documents, which may be submitted until the proceedings are closed. "" 8. In Article I, point 11 is repealed. 9. In Article I, point 12 shall be repealed. 10. In Article I, point 18, 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 term exercise of the call shall not suspend the execution. " 11. paragraphs 2 and 3 of Article II shall read as follows: " Lawsuits pending on the date of change of jurisdiction of vested legal courts will continue to be adjudicated by those courts, with the exception of commercial matters and applications pending before the courts of appeal, in the first instance, of whose object has a value of over 10 billion lei. Applications for annulment against payment order orders, handed down by the court in commercial cases whose object has a value of up to 1 billion lei inclusive, will also be settled by the court. In the case of scrapping with reference to the retrial, the provisions of this emergency ordinance relating to jurisdiction shall be applicable. The decisions rendered before the entry into force of this emergency ordinance remain subject to the remedies, reasons and time limits provided for by the law under which they were pronounced. " 12. Articles IV and V shall be inserted after Article III: " Art. IV. -Government Ordinance no. 5/2001 on the procedure of the payment order, published in the Official Gazette of Romania, Part I, no. 422 422 of 30 July 2001, approved and amended by Law no. 295/2002 , as amended and supplemented, shall be amended as follows: 1. Paragraph 1 of Article 2 shall read as follows: "" Art. 2. --(1) Applications for the payment order shall be submitted to the competent court for the trial of the merits of the case at first instance. " 2. Paragraph 3 of Article 8 shall be repealed. 3. Paragraph 5 of Article 8 shall read as follows: "(5) The judgment by which the request for annulment was rejected is irrevocable." Art. V-Law no. 146/1997 on stamp court fees, published in the Official Gazette of Romania, Part I, no. 173 of 29 July 1997, as amended and supplemented, shall be amended and supplemented as follows: 1. Article 17 ^ 1 is inserted after Article 17 ^ 2 with the following contents: "" Art. 17 17 ^ 2. -The applications for the dissolution of companies and groups of economic interest, formulated by the National Trade Register Office, shall be exempt from the judicial stamp duty. " 2. Article 18 shall read as follows: "" Art. 18. -(1) The determination of the amount of judicial stamp duties shall be made by the court or, as the case may be, by the Ministry of Justice. (2) Against the way of establishing the stamp judicial fee, request for review may be made, at the same court, within 3 days from the date on which the fee was established or from the date of communication of the amount due. ((3) The application shall be settled in the council chamber by another complete, without summoning the parties, by irrevocable conclusion. ((4) In the case of full or partial admission of the request for review, the stamp duty shall be returned in total or, where appropriate, in proportion to the reduction of the contested amount. " 3. Article 18 shall be inserted after Article 18 ^ 1 with the following contents: "" Art. 18 18 ^ 1. -In the case of taxes due for requests addressed to the Ministry of Justice, the resolution of the request for review is within the competence of the District Court 4. Article 21 shall read as follows: "" Art. 21. -(1) The court may grant exemptions, discounts, instalments or deferrals for the payment of stamp court fees under the conditions of art. 74 74-81 of the Code of Civil Procedure. (2) For the fees due to the Ministry of Justice, the application for granting exemptions, discounts, staggerings or deferrals for the payment of stamp judicial fees shall be solved by the District Court of Bucharest 5. " 5. Article 22 shall be repealed. 6. Article 25 shall read as follows: "" Art. 25. -(1) Of the amounts made from the state advanced judicial expenses from the budgets approved to the Ministry of Justice and the Public Ministry for conducting criminal trials, which are borne by the parties or other participants in the process, in the conditions provided for by the Code of Criminal Procedure, as well as from judicial fines, a percentage of 25% constitute income to the state budget and are distinctly included in the revenue and expenditure budget of the Ministry of Justice. The forced execution of the debits shall be carried out by the enforcement bodies of the territorial units subordinated to the Ministry of Public Finance in whose territorial area the debtor is domiciled or its headquarters, according to the legislation on forced budgetary claims. ((2) Of the difference of 75% of the amounts provided in par. (1) a special purpose fund is established to stimulate the personnel of the justice system, in the account no. 119 01.07. "Fund to stimulate staff according to legal provisions". (3) The distribution of income per beneficiary is based on internal rules approved by order of the Minister of Justice. ((4) The availability at the end of the year shall be carried over to the following year, in order to be spent on the same destination. " 7. Article 25 (1) shall be inserted after Article 25: "" Art. 25 25 ^ 1. -In order to collect the amounts provided in art. 25, will open on the Ministry of Justice accounts at the territorial units of the State Treasury no. 50.32 50.32. "Available from amounts collected for the state budget." Monthly, the Ministry of Justice will turn into the special destination fund the 75% share of the total receipts. "" + Article II (1) Appeals against decisions given without right of appeal according to the law in force on the date of their pronouncement and pending before the High Court of Cassation and Justice shall be sent to the courts immediately superior to those who have pronounced ruling in the first instance. (2) The appeals pending before the High Court of Cassation and Justice and which have as their object the judgments by which the courts have tried appeals shall be sent to the courts of appeal. (3) The appeals provided in par. ((1) and (2), whose admissibility in principle has not been examined until the date of entry into force of this law, shall be removed from the role and shall be sent, by administrative means, to the courts which have become competent to judge them, and if The admissibility in principle has been examined, shall be sent by the declination of competence, by irrevocable conclusion, given in the council chamber, without summoning the parties. + Article III (1) The decisions rendered by the judges in the first instance in the matter of the land fund are subject to the appeal to the court and appeal to the court of appeal. (2) In the cases provided in par. (1), appeals before the courts of appeal on the date of entry into force of this law shall be sent to the courts, and appeals pending before the High Court of Cassation and Justice shall be sent to the courts of appeal. Art. II para. ((3) are applicable accordingly. This law was adopted by the Senate at the meeting of 17 May 2004, in compliance with the provisions of art. 76 76 para. (1) of the Romanian Constitution, republished. p. SENATE PRESIDENT, GHEORGHE BUZATU This law was adopted by the Chamber of Deputies at its meeting on May 18, 2004, in compliance with the provisions of 76 76 para. (1) of the Romanian Constitution, republished. p. CHAMBER OF DEPUTIES PRESIDENT, CONSTANTIN NITA Bucharest, 25 May 2004. No. 195. -----