2016

Tiberiu-Vlad PATANCIUS, The Conciliation Proceedings under the New civil Procedural Code’s Regulations: between Disuse and the Need for a Specific Regulation

Abstract: This material presents a thorough analysis of conciliation, by contending the actual necessity of its express and detailed regulation. To achieve this goal, we didn't review all the criticism deployed in the related specialty literature in our country, regarding the regulation of this institution under the Code of Civil Procedure, but we also sought, besides the history of its enactment in the national law's system, practical aspects of the requirement and benefits of the procedure's follow up (including comparing it to other means of alternative disposal of cases (ADR), such as arbitration and mediation) and we drew up a comparative study of the regulation norms of this institution from other law systems.

Key-words: Conciliation, prior procedure, comparative analysis, means of alternative disposal of cases (ADR), sanctions to pursue the proceedings, the necessity for an express regulation


« back