Challenges of the Knowledge Society (Jun 2022)
CONSIDERATIONS REGARDING WHETHER ATTESTATION OF THE DATE OF A DOCUMENT BY A LAWYER REPRESENTS CERTIFIED DATE
Abstract
Present article focuses on dealing with the aspect of preliminary ruling of the HCCJ of Romania regarding documents certified by a lawyer provided that the register of legal acts certified by a lawyer was according to the law a public register or not and if the institution of attestation/certification of the date of a document by the lawyer is equivalent to the institution of the certified date, respectively if the lawyer can give a certain date to a document. Article follows also the aspect of the exception of unconstitutionally of the text of art. 3, para. (1), letter c) of Law no. 51/1995 in the sense that the lawyer can give certain data to the documents would constitute a lack of predictability of the legal provision, insofar as it is interpreted in the sense that the lawyer gives a certain date to the documents, considering that such an interpretation violates the provisions of art. 1, para. (5) of the Constitution and of art. 21, para. (3) of the Constitution, respectively of the security of legal relations and of the right to a fair trial.
