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Grid tests for entrance exams and finalized in the legal professions. Civil procedural law - 2021. Second edition, revised and added - Noni-Emil Iordache
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Publisher: Universul Juridic
Author: Noni-Emil Iordache
Edition: a 2-a, revazuta si adaugita
Pages: 430
Publisher year: 2021
ISBN: 978-606-39-0833-0
Product Code:
9786063908330
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The paper “Grid tests for entrance exams and finalized in the legal professions. Civil Procedure Law ”appeared as a necessity and an encouragement for a thorough preparation for the entrance and final exams in the legal professions, without claiming that it represents something more than a“ training camp ”for all those who will participate in the various exams that involve the acquisition of a solid knowledge of civil procedural law.
The paper “Grid tests for entrance exams and finalized in the legal professions. Civil procedural law ”contains over 2000 grids and is developed on the structure of the Code of Civil Procedure, ensuring a gradual and effective evaluation of the acquired knowledge.
The novelty of the paper “Grid tests for entrance exams and finalized in the legal professions. Civil procedural law ”consists in the fact that it includes several grid tests written in a new manner. The answer variants are accompanied by references to the legal texts, so that those interested can understand the author's options, with a special emphasis on aspects of legal finesse.
In elaborating this paper, the theme of the discipline Civil Procedural Law, elaborated by the National Institute of Magistracy, for the admission contest in magistracy from 2019, and the one elaborated by the National Union of Romanian Bars, for the admission contest in the lawyer profession, from 2020.
The paper “Grid tests for entrance exams and finalized in the legal professions. Civil procedural law ”contains over 2000 grids and is developed on the structure of the Code of Civil Procedure, ensuring a gradual and effective evaluation of the acquired knowledge.
The novelty of the paper “Grid tests for entrance exams and finalized in the legal professions. Civil procedural law ”consists in the fact that it includes several grid tests written in a new manner. The answer variants are accompanied by references to the legal texts, so that those interested can understand the author's options, with a special emphasis on aspects of legal finesse.
In elaborating this paper, the theme of the discipline Civil Procedural Law, elaborated by the National Institute of Magistracy, for the admission contest in magistracy from 2019, and the one elaborated by the National Union of Romanian Bars, for the admission contest in the lawyer profession, from 2020.
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Grid tests for entrance exams and finalized in the legal professions. Civil procedural law - 2021. Second edition, revised and added - Noni-Emil Iordache
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Content
Abbreviations / 9
PRELIMINARY TITLE. FIELD OF REGULATION OF THE CODE OF CIVIL PROCEDURE AND FUNDAMENTAL PRINCIPLES OF THE CIVIL PROCESS / 11
Chapter I. The regulatory field of the Code of Civil Procedure / 11
Chapter II. Fundamental principles of the civil process / 13
Chapter III. Application of the law of civil procedure / 21
BOOK I. GENERAL PROVISIONS / 23
TITLE I. CIVIL ACTION / 23
TITLE II. PARTICIPANTS IN THE CIVIL PROCESS / 32
Chapter I. The Judge. Incompatibility / 32
Chapter II. Partile / 41
Section 1. Use and exercise of procedural rights / 41
Section 2. Persons who are together plaintiffs or defendants / 46
Section 3. Other persons who may take part in the trial / 48
Voluntary intervention / 48
Forced intervention / 53
Summoning another person to court / 53
Call under warranty / 57
Showing the right holder / 59
Forced introduction of other persons ex officio in the case / 60
Section 4. Representation of the parties in court / 61
General provisions / 61
Special provisions on conventional representation / 63
Section 5. Legal aid / 66
Chapter III. Participation of the Public Ministry in the civil process / 68
TITLE III. JURISDICTION OF THE COURTS / 70
Chapter I. Material competence / 70
Section 1. Competence by subject and value / 70
Section 2. Determining the competence according to the value of the object of the introductory request of the court / 75
Chapter II. Territorial competence / 80
Chapter III. Special provisions / 86
Chapter IV. Procedural incidents concerning the jurisdiction of the court / 89
Section 1. Incompetence and conflicts of competence / 89
Section 2. Lyspendence and connectivity / 95
Section 3. Process displacement. Delegation of the court / 96
TITLE IV. PROCEDURAL ACTS / 100
Chapter I. Form of applications / 100
Chapter II. Citation and communication of procedural documents / 103
Chapter III. Nullity of procedural documents / 112
TITLE V. PROCEDURAL TERMS / 116
TITLE VI. JUDICIAL FINES AND COMPENSATION / 122
BOOK II. LITIGATION PROCEDURE / 124
TITLE I. PROCEDURE BEFORE THE FIRST INSTANCE / 124
Chapter I. Notification of the court / 124
Section 1. General provisions / 124
Section 2. The request for summons / 125
Section 3. Welcoming / 134
Section 4. Counterclaim / 136
Chapter II. Judgment / 138
Section 1. General provisions / 138
Section 2. Process research / 146
Subsection 1. Common provisions / 146
Subsection 2. Procedural exceptions / 149
Subsection 3. Probele / 151
General provisions / 151
Evidence with documents / 155
General provisions / 155
Authentic document / 156
The document under private signature / 157
The document on computer support / 160
Duplicates and copies of authentic documents or under private signature / 160
Recognitive or renewable documents / 161
The regime of other documents / 161
Administration of the written evidence / 162
Verification of documents / 166
Test with witnesses / 169
Admissibility of evidence with witnesses / 169
Evidence administration with witnesses / 170
Presumptions / 174
Expertise / 175
Material means of proof / 180
On - the - spot research / 182
Confession / 182
Admissibility of the evidence / 182
Interrogation / 183
Providing evidence / 186
Subsection 4. Administration of evidence by lawyers or legal advisers / 190
Section 3. The substantive debate of the process / 194
Section 4. Deliberation and pronouncement of the decision / 196
Chapter III. Some procedural incidents / 200
Section 1. Waiver of judgment / 200
Section 2. Waiver of the claimed right / 202
Section 3. Suspension of proceedings / 203
Section 4. Expiration of the application / 205
Chapter IV. Judicial decisions / 209
Section 1. General provisions / 209
Name, preparation and communication of the decision / 209
The effects of the court decision / 211
Section 2. Decisions given based on the recognition of claims / 214
Section 3. The decision approving the agreement of the parties / 214
Section 4. Correction, clarification and completion of the decision / 215
Section 5. Provisional execution / 217
Section 6. Costs / 220
TITLE II. WAYS OF ATTACK / 222
Chapter I. General provisions / 222
Chapter II. The appeal / 226
Chapter III. Extraordinary means of attack / 248
Section 1. Appeal / 248
Section 2. The contestation in annulment / 261
Section 3. Revision / 265
TITLE III. PROVISIONS REGARDING THE INSURANCE OF A UNITARY PRACTICE / 269
Chapter I. The appeal in the interest of the law / 269
Chapter II. Referral to the High Court of Cassation and Justice in order to issue a preliminary decision for resolving legal issues / 272
TITLE IV. APPEAL REGARDING THE DELAY OF THE PROCESS / 275
BOOK III. NON-CONTENTIOUS JUDICIAL PROCEDURE / 278
TITLE I. GENERAL PROVISIONS / 278
TITLE II. PROVISIONSSPECIAL / 283
LETTER V. ABOUT FORCED EXECUTION / 284
TITLE I. GENERAL PROVISIONS / 284
Chapter I. Purpose and object of enforcement / 284
Chapter II. Executory title / 287
Chapter III. Participants in the forced execution / 290
Chapter IV. Execution of forced execution / 297
Section 1. Notification of the enforcement body / 297
Chapter VI. Enforcement appeal / 300
BOOK VI. SPECIAL PROCEDURES
TITLE I. DIVORCE PROCEDURE / 308
Chapter I. Common provisions / 308
Chapter II. Remedy divorce / 315
Section 1. Divorce by consent of spouses / 315
Section 2. Divorce due to health reasons / 316
Chapter III. Divorce through the fault of the spouses / 317
TITLE II. PROCEDURE FOR PLACING A JUDICIAL PROHIBITION / 318
TITLE III. PROCEDURE FOR DECLARING DEATH / 322
TITLE IV. INSURANCE AND PROVISIONAL MEASURES / 327
Chapter I. Insurance seizure / 327
Section 1. General provisions / 327
Chapter II. Insurance attachment / 332
Chapter III. Judicial seizure / 334
TITLE V. JUDICIAL SHARING PROCEDURE / 337
TITLE VI. PROCEDURE OF THE PRESIDENTIAL ORDER / 343
TITLE VII. OWNERS 'REQUESTS / 346
TITLE VIII. PAYMENT AND DELIVERY OFFER PROCEDURE / 348
TITLE IX. PAYMENT ORDER PROCEDURE / 351
TITLE X. PROCEDURE REGARDING VALUE APPLICATIONS
REDUCED / 358
TITLE XI. EVACUATION FROM USED OR UNAFFECTED PROPERTIES / 362
ANSWERS / 367
Abbreviations / 9
PRELIMINARY TITLE. FIELD OF REGULATION OF THE CODE OF CIVIL PROCEDURE AND FUNDAMENTAL PRINCIPLES OF THE CIVIL PROCESS / 11
Chapter I. The regulatory field of the Code of Civil Procedure / 11
Chapter II. Fundamental principles of the civil process / 13
Chapter III. Application of the law of civil procedure / 21
BOOK I. GENERAL PROVISIONS / 23
TITLE I. CIVIL ACTION / 23
TITLE II. PARTICIPANTS IN THE CIVIL PROCESS / 32
Chapter I. The Judge. Incompatibility / 32
Chapter II. Partile / 41
Section 1. Use and exercise of procedural rights / 41
Section 2. Persons who are together plaintiffs or defendants / 46
Section 3. Other persons who may take part in the trial / 48
Voluntary intervention / 48
Forced intervention / 53
Summoning another person to court / 53
Call under warranty / 57
Showing the right holder / 59
Forced introduction of other persons ex officio in the case / 60
Section 4. Representation of the parties in court / 61
General provisions / 61
Special provisions on conventional representation / 63
Section 5. Legal aid / 66
Chapter III. Participation of the Public Ministry in the civil process / 68
TITLE III. JURISDICTION OF THE COURTS / 70
Chapter I. Material competence / 70
Section 1. Competence by subject and value / 70
Section 2. Determining the competence according to the value of the object of the introductory request of the court / 75
Chapter II. Territorial competence / 80
Chapter III. Special provisions / 86
Chapter IV. Procedural incidents concerning the jurisdiction of the court / 89
Section 1. Incompetence and conflicts of competence / 89
Section 2. Lyspendence and connectivity / 95
Section 3. Process displacement. Delegation of the court / 96
TITLE IV. PROCEDURAL ACTS / 100
Chapter I. Form of applications / 100
Chapter II. Citation and communication of procedural documents / 103
Chapter III. Nullity of procedural documents / 112
TITLE V. PROCEDURAL TERMS / 116
TITLE VI. JUDICIAL FINES AND COMPENSATION / 122
BOOK II. LITIGATION PROCEDURE / 124
TITLE I. PROCEDURE BEFORE THE FIRST INSTANCE / 124
Chapter I. Notification of the court / 124
Section 1. General provisions / 124
Section 2. The request for summons / 125
Section 3. Welcoming / 134
Section 4. Counterclaim / 136
Chapter II. Judgment / 138
Section 1. General provisions / 138
Section 2. Process research / 146
Subsection 1. Common provisions / 146
Subsection 2. Procedural exceptions / 149
Subsection 3. Probele / 151
General provisions / 151
Evidence with documents / 155
General provisions / 155
Authentic document / 156
The document under private signature / 157
The document on computer support / 160
Duplicates and copies of authentic documents or under private signature / 160
Recognitive or renewable documents / 161
The regime of other documents / 161
Administration of the written evidence / 162
Verification of documents / 166
Test with witnesses / 169
Admissibility of evidence with witnesses / 169
Evidence administration with witnesses / 170
Presumptions / 174
Expertise / 175
Material means of proof / 180
On - the - spot research / 182
Confession / 182
Admissibility of the evidence / 182
Interrogation / 183
Providing evidence / 186
Subsection 4. Administration of evidence by lawyers or legal advisers / 190
Section 3. The substantive debate of the process / 194
Section 4. Deliberation and pronouncement of the decision / 196
Chapter III. Some procedural incidents / 200
Section 1. Waiver of judgment / 200
Section 2. Waiver of the claimed right / 202
Section 3. Suspension of proceedings / 203
Section 4. Expiration of the application / 205
Chapter IV. Judicial decisions / 209
Section 1. General provisions / 209
Name, preparation and communication of the decision / 209
The effects of the court decision / 211
Section 2. Decisions given based on the recognition of claims / 214
Section 3. The decision approving the agreement of the parties / 214
Section 4. Correction, clarification and completion of the decision / 215
Section 5. Provisional execution / 217
Section 6. Costs / 220
TITLE II. WAYS OF ATTACK / 222
Chapter I. General provisions / 222
Chapter II. The appeal / 226
Chapter III. Extraordinary means of attack / 248
Section 1. Appeal / 248
Section 2. The contestation in annulment / 261
Section 3. Revision / 265
TITLE III. PROVISIONS REGARDING THE INSURANCE OF A UNITARY PRACTICE / 269
Chapter I. The appeal in the interest of the law / 269
Chapter II. Referral to the High Court of Cassation and Justice in order to issue a preliminary decision for resolving legal issues / 272
TITLE IV. APPEAL REGARDING THE DELAY OF THE PROCESS / 275
BOOK III. NON-CONTENTIOUS JUDICIAL PROCEDURE / 278
TITLE I. GENERAL PROVISIONS / 278
TITLE II. PROVISIONSSPECIAL / 283
LETTER V. ABOUT FORCED EXECUTION / 284
TITLE I. GENERAL PROVISIONS / 284
Chapter I. Purpose and object of enforcement / 284
Chapter II. Executory title / 287
Chapter III. Participants in the forced execution / 290
Chapter IV. Execution of forced execution / 297
Section 1. Notification of the enforcement body / 297
Chapter VI. Enforcement appeal / 300
BOOK VI. SPECIAL PROCEDURES
TITLE I. DIVORCE PROCEDURE / 308
Chapter I. Common provisions / 308
Chapter II. Remedy divorce / 315
Section 1. Divorce by consent of spouses / 315
Section 2. Divorce due to health reasons / 316
Chapter III. Divorce through the fault of the spouses / 317
TITLE II. PROCEDURE FOR PLACING A JUDICIAL PROHIBITION / 318
TITLE III. PROCEDURE FOR DECLARING DEATH / 322
TITLE IV. INSURANCE AND PROVISIONAL MEASURES / 327
Chapter I. Insurance seizure / 327
Section 1. General provisions / 327
Chapter II. Insurance attachment / 332
Chapter III. Judicial seizure / 334
TITLE V. JUDICIAL SHARING PROCEDURE / 337
TITLE VI. PROCEDURE OF THE PRESIDENTIAL ORDER / 343
TITLE VII. OWNERS 'REQUESTS / 346
TITLE VIII. PAYMENT AND DELIVERY OFFER PROCEDURE / 348
TITLE IX. PAYMENT ORDER PROCEDURE / 351
TITLE X. PROCEDURE REGARDING VALUE APPLICATIONS
REDUCED / 358
TITLE XI. EVACUATION FROM USED OR UNAFFECTED PROPERTIES / 362
ANSWERS / 367
The paper “Grid tests for entrance exams and finalized in the legal professions. Civil Procedure Law ”appeared as a necessity and an encouragement for a thorough preparation for the entrance and final exams in the legal professions, without claiming that it represents something more than a“ training camp ”for all those who will participate in the various exams that involve the acquisition of a solid knowledge of civil procedural law.
The paper “Grid tests for entrance exams and finalized in the legal professions. Civil procedural law ”contains over 2000 grids and is developed on the structure of the Code of Civil Procedure, ensuring a gradual and effective evaluation of the acquired knowledge.
The novelty of the paper “Grid tests for entrance exams and finalized in the legal professions. Civil procedural law ”consists in the fact that it includes several grid tests written in a new manner. The answer variants are accompanied by references to the legal texts, so that those interested can understand the author's options, with a special emphasis on aspects of legal finesse.
In elaborating this paper, the theme of the discipline Civil Procedural Law, elaborated by the National Institute of Magistracy, for the admission contest in magistracy from 2019, and the one elaborated by the National Union of Romanian Bars, for the admission contest in the lawyer profession, from 2020.
The paper “Grid tests for entrance exams and finalized in the legal professions. Civil procedural law ”contains over 2000 grids and is developed on the structure of the Code of Civil Procedure, ensuring a gradual and effective evaluation of the acquired knowledge.
The novelty of the paper “Grid tests for entrance exams and finalized in the legal professions. Civil procedural law ”consists in the fact that it includes several grid tests written in a new manner. The answer variants are accompanied by references to the legal texts, so that those interested can understand the author's options, with a special emphasis on aspects of legal finesse.
In elaborating this paper, the theme of the discipline Civil Procedural Law, elaborated by the National Institute of Magistracy, for the admission contest in magistracy from 2019, and the one elaborated by the National Union of Romanian Bars, for the admission contest in the lawyer profession, from 2020.
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