CONSIDERAȚII ÎN LEGÃTURÃ CU UNELE ASPECTE DE PROCEDURÃ DIN PRACTICA INSTANȚELOR JUDECÃTOREȘTI

The present study analyzes a series of civil procedure aspects – both in the light of the current Code of Civil Procedure, still in force, and in the light of the new Code of Civil Procedure (Law no. 134/2010, but still unenforced) – that are debatable, concluding that, for instance: z Sending a cause for retrial can only take place within the limited situations set forth in the Code of Civil Procedure (when the merits has not been investigated or trial has been made in the absence of the party illegally summoned). z Absence of the notice of adjournment of the pronouncement or not signing it can not be assimilated to non-investigation of the merits; z Absence or not signing the minutes represents a non-investigation of the merits; z Suspension of the court order execution, appealed by means of extraordinary appeal procedures shall be judged in the same composition by which the appeal is settled; z In order to establish the exercise of parental authority it is compulsory to enclose the social investigation report to the court case.