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Reflections on termination of the quality of being a party by incidence of the anction of obsolescence, in the light of the provisions of the New Code of Civil Procedure

Author(s): Cristinel MURZEA

Journal: Bulletin of the Transilvania University of Braşov. Series VII : Social Sciences and Law
ISSN 2066-7701

Volume: 5 (54);
Issue: 2;
Start page: 79;
Date: 2012;
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Keywords: the new (Romanian) Civil Procedure Code | civil lawsuit | obsolescence sanction

This study is designed to carry out an analysis on the subject of termination of being a party in a civil lawsuit, showing that this can occur either naturally or as a result of developments in the material or procedural plan regarding civil relations, either voluntarily or involuntarily. The status of being a party may be lost as a result of the incidence of obsolescence sanction. The author, developing this hypothesis, shows that this civil penalty, regulated by article 248 paragraph (1) of the Code of Civil Procedure and nearly identical to its counterpart - art. 410 - the new Code of Civil Procedure, which strikes the indifference of the authors’ request or appeal and any reform or withdrawal requests, which he leaves aside for a period of 6 months determines the lack of efficiency of all the pleadings made by that court, meaning that, in practice, the process goes in the state of being surprised by the obsolescence decision.
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