CONSIDÉRATIONS THÉORIQUES ET PRATIQUES CONCERNANT LA PROCÉDURE DE LA SOMMATION DE PAYER

• Main Author: Alexandrina ZAHARIA
• Format: Article
• Language: English
• Published: Danubius University 2006-09-01
• Series: Acta Universitatis Danubius: Juridica
• Subjects: special procedure of summation the payment; competence; the holder of action
• Online Access: http://www.juridica-danubius.ro/continut/arhiva/A34.pdf

In the 6th book, entitled "Procédures spéciales", the Code of Civil Procedure regulates the way to solve some civil cases in accordance with the special procedural standards, but which are perfect and supplemented by depositions of the law. In the category of special procedures, the legislator has included: Presidential Ordinance, the procedure of the recasting of the writings and decisions disappeared, the procedure of real offer, the procedure of divorce, the procedure of judicial partition, sequester (taken-closed), the court sequester, the solution of commercial disputes, and others. A significant number of special procedures are reviewed under the disciplines of administrative law, financial and constitutional law, and so on. There are others that are regulated by special legislation, such as: Law no. 64 / 1995, republished and modified, concerning the procedure of judicial reorganization and bankruptcy, the Law no. 7 / 1996 of cadastre and real estate advertising, the Law no. 168 / 1999 on resolving labor disputes and Government Ordinance no. 5 / 2001 on the procedure for the summons in order to pay. These special regulations are taken into consideration for the achievement of a speedy trial in certain domains, with the result of the advocacy and social values.