CHARACTERISTICS OF PROCEDURAL EXCEPTIONS IN THE CIVIL PROCESS

Andreea Marcela Praja
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Andreea Marcela Praja: Lawyer, Arad Bar Association, PhD student, West University of Timisoara – Faculty of Law, Timisoara, ROMANIA.

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2022, vol. 91, 62-75

Abstract: From our point of view, in accordance with the current regulation of C. proc. civil action, it represents the practical means, created by law and made available by law to the holder of a subjective right, for realizing this right and includes all the procedural means provided by law for the recognition or realization of that right, as well as for ensuring the defense parties in the process. The investigation of the trial regulates the procedure followed before the court for the preparation of the debate on the merits of the trial. During the procedural investigation, the court's obligation to resolve the exceptions invoked by the parties or which it can invoke ex officio is also found. The article analyzes the characteristics of procedural exceptions in the civil process because, analyzing the rules of procedural law, we found that certain proposals of ferenda law are required, the introduction of articles that expressly regulate the characteristics of procedural exceptions.

Keywords: procedural exceptions; substantive exceptions; settlement; classification; the competent court. (search for similar items in EconPapers)
JEL-codes: K4 (search for similar items in EconPapers)
Date: 2022
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