ANALYSIS OF ART. 396 PAR. (2) CIVIL PROCEDURE CODE, IN THE LIGHT OF THE ROMANIAN CONSTITUTIONAL COURT'S DECISION NO. 454/2018

Abstract

The present article proposes a brief analysis of the provisions of art. 396 par. (2) of the Civil procedure code, more precisely to conclude whether or not in the future it could be necessary to change the way the courts communicate certain documents of interest to the parties of the trial, thus eradicating the phrase ‘through the court’s record office’. This provision is analyzed in the light of the Romanian Constitutional Court's Decision no. 454/2018, with a view on the reasonable exercise of possible remedies.

Keywords

• record office
• communication
• trial
• remedies
• civil procedure code
• art. 396 par. (2)