Revista Institutului Naţional de Justiţie (Jul 2015)
Căutarea pârâtului în cadrul procesului civil
Abstract
„Search of a defendant” is an extraordinary way of summoning a defendant whose abode is unknown, off ered to Court, but at the same time, it is an important guarantee established by the legislator in favor of a defendant. Inconsideration of such a guarantee, apparently declarative and formal, can have important procedural repercussions, even as a ground for quashing a judgment, being the reason why understanding this mechanism is important, fi rst of all for practitioners. Th e present study follows a goal of a throughout examination of the „Search of a defendant” in order to bring out grounds, procedure and mechanism of its realization, but most importantly to highlight the consequences of infringement of such a procedural guarantee and the possibility to improve this legal mechanism.