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- Title
Suspendarea legală. Condiţii şi efecte.
- Authors
Niţă, Elena
- Abstract
The legal suspension stipulated in art. 307 of the Civil Procedure Code concerns an incident occurring in the performance of the judgement activity, which postpones its natural progress that should be characterized by continuity; it may occur in the cases expressly and restrictively stipulated under the law, and it is facultative. In addition, the court in charge with the settlement of such a petition, even if it finds that the requirements under the legal norm are observed, it may appreciate on the usefulness, necessity and opportunity of this measure, in the context of the legal relations between the parties. Thus, it is not only the fulfilment of the objective condition - the forged document complaint - that must be retained, but it should actually be supplemented by the fulfilment of the legal requirement, which is subjected to the court's appreciation, in order for the document to play a decisive role in the judgement to be passed in the civil case the court is vested with.
- Subjects
PROBATION; CIVIL procedure; LEGAL opinions; PETITIONS; FORGERY of manuscripts
- Publication
Romanian Case Law Review / Revista Română de Jurisprudenţă, 2018, Issue 2, p41
- ISSN
1844-6450
- Publication type
Article