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- Title
Reflecţii particulare asupra competenţei judiciare în materie civilă.
- Authors
LEŞ, Ioan; LAZĂR, Ioan
- Abstract
The paper at hand presents some of the most significant rules and principles adopted by the legislator in the matter of courts jurisdiction. The authors approach emphasis especially on the norms which reveales the normative tendencies of the New Civil Code of Procedure. The first part of the present study treats the norms regarding material competence, where the authors identify the role of courts in the current judicial system. It is observed further that tribunals has unlimited jurisdiction in civil matters, while ordinary courts has only exceptional competence. Courts of appeal and the High Court of Cassation have unlimited jurisdiction only in matter of contestations and appeals. Regarding substantial competence of ordinary courts, the authors show the consequences of declaring as unconstitutional the provisions of Article 1 par. (1)1 of the former Civil Code of Procedure - the correspondent provisions of Article 94 (2) of the New Civil Code of Procedure. The study also offers a short, but pertinent analysis on the territorial jurisdiction of courts in the context of the provisions of the New Civil Code of Procedure. In this regard the authors remarke that most of the previous provisions kept their validity. In this regard are presented especially the solutions designed to improve traditional solutions and those ment to avoid divergent interpretations of the legal texts. Finally, the authors examine the innovative provisions relating to the concept of voluntary jurisdiction - a procedural situation when on party (i.e. the judge) plays the role of plaintiff of defendant.
- Subjects
NON-contentious jurisdiction; CONSUMER behavior; REAL property; JUDGMENT (Psychology); LEGACIES; CIVIL procedure
- Publication
Pandectele Române, 2013, Issue 2, p18
- ISSN
1582-4756
- Publication type
Article