DISCUȚII PE MARGINEA ARTICOLULUI 244 DIN CODUL DE PROCEDURÃ CIVILÃ CORELAT CU INSTITUȚIA PERIMÃRII

According to Art. 244 para. (1) of the current (Romanian) Civil Procedure Code, the court may suspend trial if: – the settlement of the case depends, in full or in part, on the existence or inexistence of a right that forms the object of another trial; – criminal prosecution was initiated for a crime which would have a decisive influence on the decision to be issued. The author examines this text by correlation to Art. 248 et seq. of the same Code regulating superannuation. In this context, the author believes that the request to reopen the suspended case according to Art. 244 of the Civil Procedure Code for the re-initiation of trial is not a procedural act which must be fulfilled by the court ex officio. Moreover, the court of law may only re-place the case on the dockets to ascertain superannuation, on which occasion it shall have to grant trial expenses to the defendant or respondent in appeal (as applicable), which requests or produces proof of such expenses.