THE LEGAL DIFFICULTIES GENERATED BY THE ALTERATION OF ARTICLE NO. 200 OF THE OF THE CIVIL PROCEDURAL CODE
After Law no. 310/2018 modified Article no. 200 of the of the Civil Procedural Code, various difficulties have arisen in practice, due to the fact that the new provisions, in paragraph no. 4 no longer state that the action can be annulled by the court for breach of fulfilling the obligations it es...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Nicolae Titulescu University Publishing House
2019-05-01
|
| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/download/cks_2019_articles%252F2_private_law%252FCKS_2019_private_law_014.pdf |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1846146908401172480 |
|---|---|
| author | Bogdan Sebastian GAVRILĂ Oana Luiza Petruța POSMAC |
| author_facet | Bogdan Sebastian GAVRILĂ Oana Luiza Petruța POSMAC |
| author_sort | Bogdan Sebastian GAVRILĂ |
| collection | DOAJ |
| description | After Law no. 310/2018 modified Article no. 200 of the of the Civil Procedural Code, various difficulties have arisen in practice, due to the fact that the new provisions, in paragraph no. 4 no longer state that the action can be annulled by the court for breach of fulfilling the obligations it established for the claimant during a non-public hearing. Thus, according to some legal opinions, the Court is thus obligated to cite all the parties so that they may give their conclusions on the matter. On the other hand, it has been stated that the Court has no obligation to cite any of the parties upon deciding whether or not to annul the claim. The paper aims to determine which course of action is in accordance to the new provisions and ensures the right to a fair trial for all the parties. |
| format | Article |
| id | doaj-art-a2302ce6e02a4ec186fd1aa98e4f789e |
| institution | Kabale University |
| issn | 2068-7796 |
| language | English |
| publishDate | 2019-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-a2302ce6e02a4ec186fd1aa98e4f789e2024-12-02T00:48:04ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962019-05-01131313320THE LEGAL DIFFICULTIES GENERATED BY THE ALTERATION OF ARTICLE NO. 200 OF THE OF THE CIVIL PROCEDURAL CODEBogdan Sebastian GAVRILĂ0Oana Luiza Petruța POSMAC1PhD Student, Bucharest University of Economic Studies, Romania, Judge (email: gavrila.bogdan.sebastian@gmail.com)2 University of Sibiu, Faculty of Law, Judge (email: posmacoanaluiza@gmail.com)After Law no. 310/2018 modified Article no. 200 of the of the Civil Procedural Code, various difficulties have arisen in practice, due to the fact that the new provisions, in paragraph no. 4 no longer state that the action can be annulled by the court for breach of fulfilling the obligations it established for the claimant during a non-public hearing. Thus, according to some legal opinions, the Court is thus obligated to cite all the parties so that they may give their conclusions on the matter. On the other hand, it has been stated that the Court has no obligation to cite any of the parties upon deciding whether or not to annul the claim. The paper aims to determine which course of action is in accordance to the new provisions and ensures the right to a fair trial for all the parties.http://cks.univnt.ro/download/cks_2019_articles%252F2_private_law%252FCKS_2019_private_law_014.pdfarticole no. 200 of the civil procedural codeproblems public hearing |
| spellingShingle | Bogdan Sebastian GAVRILĂ Oana Luiza Petruța POSMAC THE LEGAL DIFFICULTIES GENERATED BY THE ALTERATION OF ARTICLE NO. 200 OF THE OF THE CIVIL PROCEDURAL CODE Challenges of the Knowledge Society articole no. 200 of the civil procedural code problems public hearing |
| title | THE LEGAL DIFFICULTIES GENERATED BY THE ALTERATION OF ARTICLE NO. 200 OF THE OF THE CIVIL PROCEDURAL CODE |
| title_full | THE LEGAL DIFFICULTIES GENERATED BY THE ALTERATION OF ARTICLE NO. 200 OF THE OF THE CIVIL PROCEDURAL CODE |
| title_fullStr | THE LEGAL DIFFICULTIES GENERATED BY THE ALTERATION OF ARTICLE NO. 200 OF THE OF THE CIVIL PROCEDURAL CODE |
| title_full_unstemmed | THE LEGAL DIFFICULTIES GENERATED BY THE ALTERATION OF ARTICLE NO. 200 OF THE OF THE CIVIL PROCEDURAL CODE |
| title_short | THE LEGAL DIFFICULTIES GENERATED BY THE ALTERATION OF ARTICLE NO. 200 OF THE OF THE CIVIL PROCEDURAL CODE |
| title_sort | legal difficulties generated by the alteration of article no 200 of the of the civil procedural code |
| topic | articole no. 200 of the civil procedural code problems public hearing |
| url | http://cks.univnt.ro/download/cks_2019_articles%252F2_private_law%252FCKS_2019_private_law_014.pdf |
| work_keys_str_mv | AT bogdansebastiangavrila thelegaldifficultiesgeneratedbythealterationofarticleno200oftheofthecivilproceduralcode AT oanaluizapetrutaposmac thelegaldifficultiesgeneratedbythealterationofarticleno200oftheofthecivilproceduralcode AT bogdansebastiangavrila legaldifficultiesgeneratedbythealterationofarticleno200oftheofthecivilproceduralcode AT oanaluizapetrutaposmac legaldifficultiesgeneratedbythealterationofarticleno200oftheofthecivilproceduralcode |