Referral in the Interests of the Low - An Element of Science in Civil Procedure et comparative Study

• Main Author: Marta-Cornelia GHILEA
• Format: Article
• Language: deu
• Published: Vasile Goldis Western University, Arad 2011-01-01
• Series: Studii de Stiinta si Cultura
• Subjects: Doctrine; Jurisprudence; Referral in the interests of the law; The High Court of Cassation and Justice; The Code of Civil Procedure; Law no. 202/2010
• Online Access: http://www.revista-studii-uvvg.ro/images/stories/25/18%20marta%20ghilea.pdf
• ISSN: 1841-1401; 2067-5135

Law no. 59/1993, amending the Code of Civil Procedure, has reintroduced the referral in the interest of the law, the referral being readjusted by the provisions of article 329 of the Code of Civil Procedure, modified through the provisions of Law no. 202/2010 regarding measures for accelerating the disposal of the lawsuits.According to the Code of Civil Procedure, it is known that the referral in the interests of the law has become a legal remedy having the purpose of ensuring the unitary interpretation and implementation of the law across the Romanian territory. This subject matter needs to be given a high level of importance by both legal practitioners and theoreticians.This study is briefly covering a potential and legal approach regarding this subject matter with an emphasis on the amendments contained in the present legislation, as compared to other countries' legislation.