2013

An analysis of the procedure concerning the regulation of the complaint in accordance with the new Code of Civil Procedure - Ionuț-Florin Cofaru
Abstract : The new Code of Civil Procedure establishes in art. 200 the procedure of  regulation of the complaint, procedure that aims to ensure the expedience of the civil trial and its good development. The regulation procedure implies that the courts verifies the fact that the complaint is in accordance with the provisions of art. 194-197 NCPC. If the court finds that the complaint does not fulfill the legal conditions, the plaintiff will be informed about the neregularities so as he will remove them in a 10 days term. If the plaintiff does not remove them, the complaint will be anulled. The finality of this procedure is to ensure that the moment the defendant receives the complaint, the complaint will be in accordance with the legal requirements. In the present paper we will analyse the general aspects concerning this procedure, afterwards analysing aspects regarding the court fees and the sanction of annulment of the complaint.

Key words: the legality and the regulation of the complaint, court fees, the complaint’s annulment

« back