DISCUȚII PRIVIND CATEGORIILE DE INCOMPATIBILITĂȚI ALE JUDECĂTORULUI ÎN NOUL COD DE PROCEDURĂ CIVILĂ CA URMARE A MODIFICĂRII, COMPLETĂRII ȘI REPUBLICĂRII ACESTUIA

This article analyses the categories of incompatibilities of judges regulated by the Civil Procedure Code, since its initial publication in 2010 to the amendments brought by Law No 76/2012 implementing Law No 134/2010 on the Civil Procedure Code and to the version that resulted after the republication in August 2012. In the original version of the Civil Procedure Code distinction was not made between cases of incompatibility, but the effects thereof resulted in the existence of two categories: absolute and relative incompatibilities. Following amendments brought by Law implementing the Civil Procedure Code, this distinction seemed to be established in the legislation. Nevertheless, after the republication of the Civil Procedure Code, marginal titles suggest the existence of some cases of absolute incompatibility and other cases of absolute incompatibility, which does not correspond to the content of the respective texts since only cases referred to in Article 41 of the Civil Procedure Code are absolute, while those referred to in Article 42 of the Civil Procedure Code are relative.