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- Title
12. Suspendarea de drept a judecății. Decesul uneia dintre părți după închiderea dezbaterilor. Repunerea pe rol a cauzei.
- Abstract
In accordance with Article 412 para. (1) item 1 of the Code of Civil procedure, hearing cases shall be suspended by law due to the death of either of the parties, until the successors are introduced in the case, unless the concerned party requests a hearing date for introducing them in the trial. Furthermore, Article 412 para. (2) of the Code of Civil Procedure provides for that the offenses laid down in para. (1) (among which the death of either of the parties) shall not prevent the delivery of the judgment, in the event that they occurred after closing the debates. Considering that the defendant's death occurred during the timeframe between the closure of debates, when parties filed submissions regarding the merits of the case and the delivery of the judgment, in relation to the provisions of Article 412 para. (2) of the Code of Procedure, the court was not required to order the suspension of the trial according to Article 412 para. (1) item 1 of the Code of Civil Procedure, respectively was not prevented from rendering the judgment by which it had settled the introductory claim. The provisions of Article 400 of the Code of Civil Procedure set forth that, in the event that, during deliberation, the court considers that any new evidence or clarifications are needed, it shall order the reinstating of the case, by summoning the parties. The hereinabove mentioned legal provisions aim at the deliberation stage, however, under the circumstances in which the court of first instance considered it was clear about the issues submitted for trial due to the evidence produced until the closure of debates, and the defendant's death occurred after that time, the court of appeal correctly upheld that it was not necessary for the court of first instance to reinstate the case, since the alleged legal provisions were not applicable.
- Subjects
CIVIL procedure; LEGAL evidence; APPELLATE courts; CRIME; COURTS
- Publication
Romanian Case Law Review / Revista Română de Jurisprudenţă, 2019, Issue 4, p78
- ISSN
1844-6450
- Publication type
Article