Civil Procedure in Romania

Law › Civil Procedure

Civil Procedure in Romania

Edited by Viorel Mihai Ciobanu · Claudia Anna (Moarcas) Costea
Kluwer Law International May 2016

Specifications

ISBN-13
9789041167507
Publisher
Kluwer Law International
Publication
May 2016
Format
Paperback , 368 pages
Jurisdiction
Romania ? Countri(es) for reference only

Details

Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in Romania. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules.

The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.

Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Romaniawill welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.

Table of Contents

The Authors.

List of Abbreviations.

General Introduction.

Part I. Judicial Organization

Chapter 1. The Courts and Their Members

Chapter 2. The Bar

Chapter 3. The Bailiffs References

Part II. Jurisdiction

Chapter 1. Internal Jurisdiction

Chapter 2. International Jurisdiction References

Part III. Actions and Claims

Chapter 1. Actions

Chapter 2. Claims and Defences

Chapter 3. Sanctions on Procedural Irregularities References

Part IV. Proceedings

Chapter 1. Pre-trial Proceedings

Chapter 2. Proceedings in First Instance

Chapter 3. Review Proceedings

Chapter 4. Dispositions for Securing Unitary Court Practice References

Part V. Incidents

Chapter 1. Procedural Incidents Concerning Parties

Chapter 2. Procedural Incidents Concerning the Court and Panel of Judges

Chapter 3. Procedural Incidents during the Trial References

Part VI. Legal Aid and Legal Costs

Chapter 1. Legal Aid Chapter 2. Legal Costs

Part VII. Evidence

Chapter 1. The Burden of Proof

Chapter 2. Admissibility of Evidence

Chapter 3. Producing Evidence References

Part VIII. Particular Proceedings

Chapter 1. Non-litigious Procedure in Court

Chapter 2. Divorce Proceedings

Chapter 3. Placing under Court Interdiction

Chapter 4. Court Statement on Death

Chapter 5. Seizure

Chapter 6. Partition in Court

Chapter 7. Possessory Claims

Chapter 8. Tender of Payment and Consignation

Chapter 9. Order of Payment

Chapter 10. Proceedings Concerning Small Claims

Chapter 11. Bail References

Part IX. Preliminary Seizure and Enforcement of Judgments

Chapter 1. Preliminary Seizure

Chapter 2. Enforcement of Judgments References

Part X. Arbitration

Chapter 1. Subject Matter and Scope: Characteristic Features

Chapter 2. The Arbitration Agreement and Autonomy of Parties

Chapter 3. The Membership of the Arbitration Court

Chapter 4. Precautionary Measures and Preliminary Procedures

Chapter 5. Procedures of Arbitration

Chapter 6. Arbitral Proceedings

Chapter 7. Arbitration Sentence and Decision

Chapter 8. Ways of Attacking Arbitration Decisions

Chapter 9. Recognition and Enforcement of Foreign Arbitral Awards References

Part XI. Mediation

Chapter 1. The Legal Framework – Definitions

Chapter 2. Rights That Can Be Subject to Mediation

Chapter 3. The Mediation Agreement

Chapter 4. Persons/Institutions That Can Act as a Mediator

Chapter 5. The Mediation Procedure

Chapter 6. Agreement of Parties

Chapter 7. Revoking the Mediation Agreement

Chapter 8. The International Mediation

Selected

Bibliography

Index

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