DISCUŢII ÎN LEGÃTURÃ CU INTERPRETAREA ART. 153 ALIN. (1) FRAZA FINALÃ DIN CODUL DE PROCEDURÃ CIVILÃ ÎN REDACTAREA DATÃ PRIN LEGEA NR. 202/2010 PRIVIND UNELE MÃSURI PENTRU ACCELERAREA SOLUŢIONÃRII PROCESELOR

In the study with the above title, the author reviews a recent amendment (under Law no. 202/2010) to Article 153 par. (1) of the current (Romanian) Code of Civil Procedure, which by its wording gives rise among practitioners to a controversy, namely: whether or not the legal entity is presumed to have been or not notified on the term (with the consequence of failure of its summoning on subsequent terms) where the summons was not personally received by the summoned person or a representative (legal or conventional) thereof, but by an employee thereof failing to act in the capacity as its representative. The author judges that non-receipt of summons personally by the summoned person or by his representative, but by another employee of the legal entity shall not denote to have been notified for all subsequent terms.