THE LEGAL DIFFICULTIES GENERATED BY THE ALTERATION OF ARTICLE NO. 200 OF THE OF THE CIVIL PROCEDURAL CODE

Abstract

After Law no. 310/2018 modified Article no. 200 of the of the Civil Procedural Code, various difficulties have arisen in practice, due to the fact that the new provisions, in paragraph no. 4 no longer state that the action can be annulled by the court for breach of fulfilling the obligations it established for the claimant during a non-public hearing. Thus, according to some legal opinions, the Court is thus obligated to cite all the parties so that they may give their conclusions on the matter. On the other hand, it has been stated that the Court has no obligation to cite any of the parties upon deciding whether or not to annul the claim. The paper aims to determine which course of action is in accordance to the new provisions and ensures the right to a fair trial for all the parties.

Keywords

• articole no. 200 of the civil procedural code
• problems public hearing