Editura Universul Juridic Grid tests for entrance exams in the legal professions. Civil procedural law. 2021 - Evelina Oprina

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Publisher: Universul Juridic

Author: Mihaela Cristina Mocanu, Evelina Oprina, Vladimir Diaconita, Maria Fodor, Madalina Jebelean, Gabriela Risnoveanu, Oana Surdu, Florin Vilceanu

Pages: 260

Publisher year: 2021

ISBN: 978-606-39-0872-9

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What are the advantages of the paper “Grid tests for entrance exams in the legal professions. Civil procedural law ”?

- provides an overview of civil procedural law issues that may constitute questions in all competitions / exams for admission / finalization in the judiciary and INM, law, as well as in other legal professions;

- it is adapted to the requirements, exigencies and the high level of difficulty that the competitions and exams specific to the legal professions imply;

- allows a correct and complete evaluation of the accumulated knowledge;

- consolidates the legal notions in a structured manner and adapted to the examination conditions;

- trains thinking and logic and helps to make connections between different institutions of civil procedural law;

- helps to understand the mechanism for solving grid type topics, to form the specific logical-legal reasoning, to understand the mistakes that may occur in solving the grids and to avoid repeating them;

- contains grids with one or more correct answer variants or with no correct answer variant;

- contains consistently reasoned explanations for each answer, regardless of whether it is correct or wrong, with references to the relevant legal texts;

- it is related to the legislation in force, to the decisions of the Constitutional Court, the decisions of the High Court of Cassation and Justice in appeals in the interest of the law and regarding the resolution of some incidental legal issues in the field of civil procedural law;

- contains references to relevant doctrinal opinions;

- is made by a team of authors composed of judges, lawyers and teachers with extensive professional experience, practical and coordinated by a judge and teacher recognized in the field of civil procedural law;

- ensures the success in the dreamed legal career.
  • Grid tests for entrance exams in the legal professions. Civil procedural law. 2021 - Evelina Oprina

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Evelina Oprina

Education and training: doctoral studies, Faculty of Law, University of Bucharest (1999-2004), graduated with distinction as praise, subject Civil procedural law, scientific guide prof. Univ. Dr. Viorel Mihai Ciobanu; postgraduate course in psycho-pedagogical and methodical training, Department for Teacher Training within the Academy of Economic Studies in Bucharest; undergraduate studies, Faculty of Legal and Administrative Sciences of the Christian University "Dimitrie Cantemir" in Bucharest (1993-1997).

Professional experience: member of the Superior Council of Magistracy (2017-present); judge at the Ilfov Tribunal (2011-present); judge at the Bucharest Tribunal (2010-2011); judge at the District 6 Court, Bucharest (2004-2010); university professor at the Faculty of Legal and Administrative Sciences within the “Dimitrie Cantemir” Christian University of Bucharest, in the discipline of Civil Procedural Law and Civil Executive Law (2014-present); university lecturer, university lecturer, university assistant, preparator (1998-2014); director of the Romanian Journal of Jurisprudence (2020-present); scientific director and editor-in-chief of the Romanian Journal of Forced Execution (2009-2016); member of the Commission for the elaboration of the Law for the implementation of the new Code of Civil Procedure (2010-2011); member of various competition commissions for teaching positions in higher legal education; member of various doctoral commissions.

Scientific research activity: Civil procedural law, vol. I, General theory, Universul Juridic Publishing House, Bucharest 2019; Forced execution. Difficulties and practical solutions, vol. 1, 2 and 3 (co-author), coord. E. Oprina, V. Bozesan, Universul Juridic Publishing House, Bucharest, 2016, 2017 and 2021; The new Code of Civil Procedure commented and annotated, vol. II, Art. 527-1.134, collective of authors, ed. a 2-a, coord. V.M. Ciobanu, M. Nicolae, Universul Juridic Publishing House, Bucharest, 2016; Minispete. Vol. II. Civil procedural law (coordinator), Solomon Publishing House, Bucharest, 2016, 2019 (2nd ed.); Law no. 138/2014 for amending and supplementing the Code of Civil Procedure. Changes to enforcement. Comments on articles. Orientative models of documents (co-author), Universul Juridic Publishing House, Bucharest, 2015; Theoretical and practical treaty of forced execution, vol. I and II (co-author), Universul Juridic Publishing House, Bucharest, 2013; Forced execution in civil proceedings, Universul Juridic Publishing House, Bucharest, 2007, 2008 (2nd ed.), 2009 (3rd ed.), 2011 (4th ed.); numerous articles; coordinator of the “New Code of Civil Procedure” Collection, Universul Juridic Publishing House; participation as a speaker in numerous national and international conferences; member of the scientific committees of the various conferences; scientific organizer of several conferences.

Prizes: the “Mihail Eliescu” prize for the work The new Code of Civil Procedure commented and annotated, vol. II, Art. 527-1.134, 2016; the award „I.L. Georgescu ”for the work Theoretical and practical treaty of forced execution, granted by the Union of Romanian Lawyers, 2013; the "Savelly Zilberstein" award for the best study published in the Romanian Journal of Forced Execution, 2011; the "Istrate Micescu" prize for the work Participants in the civil process, awarded by the Union of Romanian Lawyers, 2005.

Vladimir Diaconita

Education and training: doctoral studies, Faculty of Law, University of Bucharest, graduated with the highest distinction ("excellent" grade); Master Classes of Arbitration, the Cologne Academies, Köln; Post-graduate Course in Arbitration (CAS in Arbitration), University of Lucerne, University of Neuchatel and Swiss Arbitration Academy; master's degree studies, in-depth Private Law, Faculty of Law, University of Bucharest; master's degree studies, graduated with the highest distinction (summa cum laude), Master of Laws in Cross-Cultural Business Practice, Universities of Friborg, Bern and Neuchatel in Switzerland; Bachelor of Laws, Faculty of Law, University of Bucharest.

Professional experience: university assistant, Faculty of Law, University of Bucharest, with teaching activity in the disciplines “Civil Law. Contracts ”(license),“ Civil law. Successions and Liberalities ”(license),“ Intellectual Property Law ”(license),“ European Contract Law ”(master),“ Intellectual Property Arbitration ”(master); lawyer in the Bucharest Bar.

Scientific research activity. Books: Forced execution in kind of contractual obligations in the Romanian Civil Code system. The notion and conditions of common law, Universul Juridic Publishing House, Bucharest, 2017; About the freedom to (not) contract: the reparable damage in case of illicit rupture of the negotiations, in the homage volume In Honorem, Valeriu Stoica, Universul Juridic Publishing House, Bucharest, 2018; Teste-Grila. Civil law. Successions and liberalities (co-author), Ed. Goldberg Publishing, Calarasi, 2018;

Articles: The limits of the creditor's possibility to obtain, in court, the forced execution in kind of the contractual obligations to do, in RRDP no. 1/2017; Brief considerations regarding fraudulent choices of law; a Romanian perspectives, in Annals of the University of Bucharest, Law Series no. 1, 2018; About some acts that carry on the material rights to action consecutive to the non-execution of the contractual obligations, in RRDP no. 4/2018; The obligation to give efficient non-execution. Brief considerations, in RRDP no. 1/2019; The standard, the unpredictability and the risk in the matter of the contractual obligations. Short correlation exercise (co-author), in RRDP no. 3/2019; Non-execution without justification and culpable non-execution. Short correlation exercise, in RRDP no. 1/2015; Substantial conditions of the resolution in the New Civil Code, in RRDP 6/2012.

Awards: the "Octavian Capatina" award for the most original and valuable article published in the pages of the Romanian Journal of Private Law in 2017.

Maria Fodor

Education and training: doctoral studies at the Faculty of Law, University of Bucharest (2005), with the thesis entitled "Evidence in civil proceedings"; undergraduate studies at the Faculty of Law, „Al.I. Cuza ”from Iasi (1996).

Professional experience: dean of the Faculty of Law of the Ecological University of Bucharest (2016-present); Department Director at the Faculty of Law, Ecological University of Bucharest (2011-2016); vice dean of the Faculty of Law, Ecological University of Bucharest (2008-2011); university professor at the Faculty of Law, Ecological University of Bucharest (since 2013); lawyer in the Bucharest Bar (1996-2001); legal advisor within the Union of Romanian Composers (2001); member or, as the case may be, president in various competition commissions for filling teaching positions in higher education; referent in doctoral commissions; member of competition commissions for filling legal positions.

Scientific research activity. Books: Civil law. General theory. People (co-authored with Sorana Popa), Universul Juridic Publishing House, Bucharest, 2017; The comment of art. 249-326 C. pr. civ., in the New Code of Civil Procedure commented and annotated, vol. I, coordinators V.M. Ciobanu, M. Nicolae, Ed. Universul Juridic, Bucharest, 2013 (first edition), 2016 (2nd ed.); Civil procedural law, Universul Juridic Publishing House, Bucharest, 2014; Civil procedural law. Handbook for IFR-ID, Ed. Pro Universitaria, Bucharest, 2012; Civil procedural law. Non-contentious procedure. Arbitration. Forced execution. Special procedures, Universul Juridic Publishing House, Bucharest, 2010; Civil procedural law, ed. revised and added, vol. I (2008) and vol. II (2009), Universul Juridic Publishing House, Bucharest; Civil procedural law, vol. I (2006) and vol. II (2007), Universul Juridic Publishing House, Bucharest; Evidence in civil proceedings, Universul Juridic Publishing House, Bucharest, 2006; Introductory commentary on Book II. The contentious procedure, Title I relating to the proceedings at first instance (Chapters I to III of Title I), in New Romanian Code of Civil Procedure, Commented translation, Juriscope, Presses universitaires juridiques de Poitiers, France, 2018. Article: author plague 47 articles published in journals indexed in international databases or ISI Proceedings and over 29 studies communicated (and / or published) in local, national or international conferences.

Awards: the award of the "Law" Magazine for scientific journalism in the field of law (in 2019); the “Traian Ionascu” award of the Romanian Journal of Private Law, for the best book of 2016 on private law topics, for the work New Code of Civil Procedure commented and annotated (2 volumes), Universul Juridic Publishing House, Bucharest, 2016 ( in 2016); „Mihail Eliescu” award of the Romanian Lawyers Union, for the work The new Code of Civil Procedure commented and annotated, vol. I - art. 1-526, vol. II - art. 527-1134 (commentary on art. 249-326 C. pr. Civ.), Universul Juridic Publishing House, Bucharest 2013, respectively 2016 (in 2016); the "Paul C. Vlachide" prize of the Romanian Lawyers Union and of the "Titu Maiorescu" Society for the monograph Evidence in the civil process, Universul Juridic Publishing House, Bucharest, 2006 (in 2006).

Madalina Jebelean

Education and training: doctoral studies, Faculty of Law, University of Bucharest (2011-2015), graduated with great distinction cum laude, subject Civil procedural law, scientific guide prof. Univ. Dr. Viorel Mihai Ciobanu; master's degree studies, Faculty of Law, University of Bucharest (2009-2010); undergraduate studies, Faculty of Law, "Babes-Bolyai" University of Cluj-Napoca (2005-2009); training internships abroad: July 9-10, 2019 - Professional Development Workshop on Evidence and Credibility Assessment, European Asylum Support Office, Valletta, Malta; May 10, 2019 - Profession: Administrative Judge Recruitment - Initial Training - Responsibilities a European Comparison - CP / 2019/11, Vienna, Austria; July 15-August 4, 2012 - International Academy of Judges, Faculty of Law, University of Haifa, Israel; July 20-22, 2012 - Global Law Colloquium, organized by Brandeis University in the USA at the Faculty of Law, University of Haifa, Israel.

Professional experience: judge at the Timisoara Court of Appeal, Civil Section I (November 2019-present); expert in civil law and civil procedural law within the Justice 2020 project: professionalism and integrity, SIPOCA code 453, MySMIS2014 code + 118978 (December 2018-present); judge at the Timis Tribunal, Administrative and Fiscal Litigation Section (2016-2019); judge at the Timisoara Court, civil section I (2012-2016); justice auditor, National Institute of Magistracy (2010-2012).

Scientific research activity. Books: Council Chamber in Romanian Civil Procedural Law, Universul Juridic Publishing House, 2016; Aspects regarding the forced execution of the court decisions regarding the salary rights of the civil servants, in the Execution of the decisions in the administrative contentious, coord. G. Bogasiu, Ed. Solomon, 2020. Articles (selection): Maintenance contract. The meaning of the phrase suffered from a disease due to which he died, in the Romanian Journal of Jurisprudence no. 1/2021; Judicial stamp duty. Request for public legal aid. Renunciation of the trial, in the Romanian Journal of Jurisprudence no. 1/2021; Validation of the mandate of local councilor. Parity of votes, in the Romanian Journal of Jurisprudence no. 4/2018; Decision to validate the candidacy for mayor. Request for suspension of the decision by way of the presidential ordinance. Inadmissibility, in the Romanian Journal of Jurisprudence no. 4/2018; Violation of privacy in the New Criminal Code (I), in Criminal Law Notebooks no. 3/2012 (co-author); The action for the nullity of the merger of the commercial companies from the perspective of the New Civil Code and of the New Code of Civil Procedure, in the Romanian Journal of Private Law no. 6/2012 (co-author); Article 6 of the European Convention on Human Rights - the requirement of publicity and the standard of the New Code of Civil Procedure in the matter, in the Romanian Journal of Private Law no. 2/2012.

Mihaela Cristina Mocanu

Education and training: doctoral studies, Civil Procedural Law, Faculty of Law, "Lucian Blaga" University of Sibiu (2010-2013); master's degree studies, Maritime Legislation discipline, Maritime University of Constanta (2003-2005); undergraduate studies, Faculty of Law, "Lucian Blaga" University of Sibiu (1994-1998).

Professional experience: editor-in-chief of the Romanian Journal of Jurisprudence; university lecturer, Faculty of Legal Sciences and Economic Sciences, Spiru Haret University of Constanta (2016-present); associate professor, Faculty of Law, Ovidius University of Constanta (2015-2017); university lecturer, Faculty of Law, “Andrei Saguna” University of Constanta (2009-2014); judge at the Constanta Court of Appeal (2018-present), vice-president of the Constanta Court of Appeal (2021-present); president of the Civil Section at the Constanta Court of Appeal (2019-2021); vice-president of the Constanta Tribunal (2013-2018); President of the Section at the Constanta Tribunal (2006-2013); judge specialized in civil matters, labor disputes and social insurance.

Scientific research activity. Books: Land fund. Recent Judicial Practice, Hamangiu Publishing House, 2019; Labor law. Application book and jurisprudence (co-author), Hamangiu Publishing House, 2019; The promise to contract. Decisions to take the place of a contract. Recent Judicial Practice, Hamangiu Publishing House, 2018; Collection of jurisprudence, 4 volumes: Civil procedural law, Civil law, Contracts and Public law, Ed. Universul Juridic, 2018; Appeals for retraction in civil proceedings, Universul Juridic Publishing House, Bucharest, 2014; Jurisprudence of the courts 2010-2011, vol. I, In the field of civil, criminal, civil and criminal procedural law, family, commercial, labor, administrative litigation, University Publishing House, Bucharest, 2012; Jurisprudence of the courts 2007-2012, vol. II, In the field of banking law, Ed. Universitara, Bucharest, 2012; Manual of civil procedure. General theory with references to the New Code of Civil Procedure, University Publishing House, Bucharest, 2012; author of several studies, communications published in the volumes of national or international conferences, comments on relevant decisions in specialized journals.

Gabriela Risnoveanu

Education and training: undergraduate studies, Faculty of Law, University of Bucharest (1993-1997).

Professional experience: judge with professional degree of court of appeal (February 2020-present); vice-president of the Bucharest Tribunal (July 2018-present); president of the 5th Civil Section of TriBucharest Biennial (June 2010-October 2017); judge at the Bucharest Tribunal (July 2009-present); seconded judge, Head of European Programs Service (May 2008-April 2009), project manager - European Programs Directorate, Ministry of Justice (December 2006-April 2008); judge at the District 5 Court of Bucharest (November 1997-November 2006).

Scientific research activity. Books: Bucharest Tribunal. Jurisprudence Bulletin 2018, 2019; Ed. Universul Juridic, Bucharest, 2020 (member of the editorial board).

Oana Surdu

Education and training: master's degree studies, discipline "Management and legislation in industry, administration and services", Technical University "Gheorghe Asachi" Iasi (2007); Faculty of Law, „Al.I. Cuza ”Iasi (1991-1995).

Professional experience: vice-president of the Suceava Court of Appeal (2020-present); president of the Second Civil Section of the Suceava Court of Appeal (2014-2019); judge at the Suceava Court of Appeal, Civil Section II (2014 present), Civil Section II, Administrative and Fiscal Litigation (2008-2014), Civil Section I (2002-2008); judge at the Suceava Tribunal (2000-2002); judge at the Suceava Court (1995-2000); associate collaborator, Faculty of Law and Faculty of Public Administration, “Stefan cel Mare” University of Suceava (2016-present).

Scientific research activity: Member of the editorial board of the following collections of judicial practice: Bulletin of the Jurisprudence of the Suceava Court of Appeal - Annual Repertoire 2009, Universul Juridic Publishing House; Bulletin of the Jurisprudence of the Suceava Court of Appeal - Annual Repertory 2010, Universul Juridic Publishing House; Bulletin of the Jurisprudence of the Suceava Court of Appeal - Annual Repertoire 2011, Universul Juridic Publishing House; Bulletin of the Jurisprudence of the Suceava Court of Appeal - Annual Repertoire 2012, Universul Juridic Publishing House; Bulletin of the Jurisprudence of the Suceava Court of Appeal - Annual Repertoire 2013, Universul Juridic Publishing House. Article: Substitution of the motivation of the decision by the court of judicial control. The limits of the approach. The practical consequences of the principle non reformatio in pejus, in the Romanian Journal of Jurisprudence no. 3/2020.

Florin Vilceanu

Education and training: National Institute of Magistracy (2011-2013); master's degree studies, discipline of Administrative Law, Faculty of Law, "Alexandru Ioan Cuza" Police Academy (2009-2010); undergraduate studies at the Faculty of Law, "Alexandru Ioan Cuza" Police Academy (2004-2008).

Professional experience: collaborating trainer, National Institute of Magistracy (2018-present); judge at the Bucharest Tribunal (January 2018-present); judge at the District 4 Court of Bucharest (2013-2017).

Relevant practical activity: member in the commissions of elaboration of the subjects for: the admission contest at INM and in the magistracy, organized between July-October 2017; the admission contest in the magistracy, organized between March and July 2019; the admission contest at INM and in the magistracy, organized between September 2019-April 2020; the capacity exam for trainee judges and trainee prosecutors, organized between November 2018 and March 2019.

FUNDAMENTAL PRINCIPLES OF THE CIVIL PROCESS (ART. 5-23 C. PR. CIV.) / 9
CIVIL ACTION (ART. 29-40 C. PR. CIV.) / 13
PARTICIPANTS IN THE CIVIL PROCESS (ART. 41-93 C. PR. CIV.) / 16
The judge. Incompatibility / 16
Parties / 20
Use and exercise of procedural rights / 20
Persons who are together plaintiffs or defendants / 21
Other persons who may take part in the trial / 22
Representation of the parties in court / 26
Participation of the Public Ministry in the civil process / 27
JURISDICTION OF THE COURTS (ART. 94-147 C. PR. CIV.) / 29
PROCEDURAL DOCUMENTS AND PROCEDURAL TERMS (ART. 148-186 C. PR. CIV.) / 37
Procedural documents (form of requests, summons and communication, nullity of procedural documents) / 37
Procedural terms (notion and classification, duration, forfeiture and rescheduling) / 43
PROCEDURE BEFORE THE FIRST INSTANCE (ART. 192-455 C. PR. CIV.) / 46
Notification of the court (preliminary procedure, request for summons, verification of the request and regularization, fixing of the first term, modification of the request, welcome, counterclaim) / 46
Procedural exceptions / 54
Probele / 56
Suspension of the trial, obsolescence of the application / 62
Procedural acts of disposition of the parties / 65
The substantive debate of the process / 66
Deliberation and pronouncement of the decision / 66
Judicial decision / 68
WAYS OF ATTACK (ART. 456-513 C. PR. CIV.) / 71
NOTIFICATION OF THE HIGH COURT OF CASSATION AND JUSTICE IN ORDER TO PRONOUNCE A PRELIMINARY JUDGMENT FOR THE RESOLUTION OF SOME MATTERS OF LAW (ART. 519-521 C. PR. CIV.) / 76
THE APPEAL IN THE INTEREST OF THE LAW (ART. 514-518 C. PR. CIV.) / 77
THE APPEAL REGARDING THE DELAY OF THE PROCESS (ART. 522-526 C. PR. CIV.) / 78
FORCED EXECUTION (ART. 622-914 C. PR. CIV.) / 79
Executory title / 79
Participants in the forced execution / 80
Approval of enforcement / 81
Prescription of the right to obtain enforcement / 81
Enforcement appeal / 82
Return of execution / 84
Poprirea / 84
Execution of court decisions and other enforceable titles regarding minors / 85
SPECIAL PROCEDURES (ART. 915-1.064 C. PR. CIV.) / 86
ANSWERS AND EXPLANATIONS / 92
The fundamental principles of the civil process (art. 5-23 C. pr. Civ.) / 92
Civil action (art. 29-40 C. pr. Civ.) / 102
Participants in the civil process (art. 41-93 C. pr. Civ.) / 112
The judge. Incompatibility / 112
Partile / 118
Use and exercise of procedural rights / 118
Persons who are together plaintiffs or defendants / 120
Other persons who may take part in the trial / 122
Representation of the parties in court / 131
Participation of the Public Ministry in the civil process / 133
Jurisdiction of the courts (art. 94-147 Civil Code) / 135
Procedural documents and procedural deadlines (art. 148-186 Civil Code) / 145
Procedural documents (form of requests, summons and communication, nullity of procedural documents) / 145
Procedural terms (notion and classification, duration, forfeiture and rescheduling) / 159
Procedure before the first instance (art. 192-455 C. pr. Civ.) / 165
Notification of the court (preliminary procedure, request for summons, verification of the request and regularization, fixing of the first term, modification of the request, welcome, counterclaim) / 165
Procedural exceptions / 190
Probele / 200
Suspension of the trial, obsolescence of the application / 215
Procedural acts of disposition of the parties / 217
The substantive debate of the process / 219
Deliberation and pronouncement of the decision / 220
Judicial decision / 221
Remedies (art. 456-513 C. pr. Civ.) / 224
Referral to the High Court of Cassation and Justice in order to issue a preliminary decision for resolving legal issues (art. 519-521 Civil Code) / 232
The appeal in the interest of the law (art. 514-518 C. pr. Civ.) / 234
The appeal regarding the delay of the process (art. 522-526 Civil Code) / 236
Forced execution (art. 622-914 C. pr. Civ.) / 237
Executory title / 237
Participants in the forced execution / 240
Approval of enforcement / 241
Prescription of the right to obtain enforcement / 243
Enforcement appeal / 244
Return of execution / 247
Poprirea / 248
Execution of court decisions and other enforceable titles regarding minors / 249
Special procedures (art. 915-1.064 C. pr. Civ.) / 251

What are the advantages of the paper “Grid tests for entrance exams in the legal professions. Civil procedural law ”?

- provides an overview of civil procedural law issues that may constitute questions in all competitions / exams for admission / finalization in the judiciary and INM, law, as well as in other legal professions;

- it is adapted to the requirements, exigencies and the high level of difficulty that the competitions and exams specific to the legal professions imply;

- allows a correct and complete evaluation of the accumulated knowledge;

- consolidates the legal notions in a structured manner and adapted to the examination conditions;

- trains thinking and logic and helps to make connections between different institutions of civil procedural law;

- helps to understand the mechanism for solving grid type topics, to form the specific logical-legal reasoning, to understand the mistakes that may occur in solving the grids and to avoid repeating them;

- contains grids with one or more correct answer variants or with no correct answer variant;

- contains consistently reasoned explanations for each answer, regardless of whether it is correct or wrong, with references to the relevant legal texts;

- it is related to the legislation in force, to the decisions of the Constitutional Court, the decisions of the High Court of Cassation and Justice in appeals in the interest of the law and regarding the resolution of some incidental legal issues in the field of civil procedural law;

- contains references to relevant doctrinal opinions;

- is made by a team of authors composed of judges, lawyers and teachers with extensive professional experience, practical and coordinated by a judge and teacher recognized in the field of civil procedural law;

- ensures the success in the dreamed legal career.

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