CÂTEVA ASPECTE DE PROCEDURÃ PRIVIND JUDECATA, CONFORM NOULUI COD DE PROCEDURÃ CIVILÃ

The article approaches some aspects of novelty enshrined in the new Code of Civil Procedure, absent in the old regulation. Thus, we examined and analyzed the provisions of art. 244 of the new Code of Civil Procedure, which establishes, as a general rule, the obligation of the court to grant a hearing date for the submission of written observations. The relevance of the art. 244 is also examined in relation to the prosecutor, the exceptions to the general rule are analyzed, as well as the possibility that the parties have to submit addenda to the written observations, upon closure of the debates, according to art. 394 para. (2) of the Civil Procedure Code. Finally, the court proceeding is reviewed in case the party declares a different remedy than that determined by the court, namely if the court decides a wrong remedy.