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
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