The distinction between the two parts, namely unlawful summons, that is to say, failure to comply with the time limit within which the trial took place, is necessary in the present case and justifies the classification of the action for annulment as admissible. If the summoned person appears and proves that he or she was summoned publicly in bad faith, all procedural acts that followed the consent of the summons shall be annulled and the applicant who requested the summons by publicity shall be punished by a fine ranging from 100 lei to 1,000 lei. (3) The provisions of para. Paragraphs 1 and 2 shall apply mutatis mutandis if both parties are absent although they have been duly summoned, if at least one of them has requested in writing that the case be dealt with by default. Rejection of unconstitutionality (1), case-law, newspapers (3), doctrine (1) 4. if the court has, for valid reasons, ordered that the party be summoned within the prescribed period; Although the defendant did not properly fulfil its obligation under the Court, the applicant did not rely on the content of that decision and did not appoint an authorised team to carry out the necessary repairs. The only part of the operative part of the civil judgment which appeared to be of interest to the applicant was, in essence, reimbursement by way of enforcement of the costs ordered against the defendant. According to Civil Law Decision No. 149/22.01.2020 of the Court of Iasi In the case requesting the President`s order, the applicant informed the defendant`s daughter by telephone that she could come with the insurer because the water had been dissolved (« Now that you have repaired, you can come with the insurer. The court considers that the presence of the defendant`s daughter at the appeal hearing of the first appeal does not equate to the presence of the defendant. Although the defendant may traditionally be represented by his daughter, such an assumption is at least not advanced anywhere in the record (i.e.
in the appeal or in the challenge of nullity). In order to establish that the defendant was present at the hearing when the girl appeared – within the meaning of Art. 503 para. (1) C.pr.civ. It had to invoke the defendant`s right of representation. Since the existence of such a measure is not alleged, it follows that the defendant was not present either personally or through the representative. In order to simplify the procedure, the law provided that the party would no longer be summoned to appear throughout the proceedings, as he would know the following judicial terms if: The term in knowledge. It is provided that the party who filed the application in person or through the trustee and who took note of the time limit, as well as the party who was present at a hearing in person or through a representative (even if not taxed with the right to know the time limit), will not be summoned throughout the proceedings before that court, since it is already known that: that he is already aware of the following conditions. These provisions shall also apply to the party on whom the summons was served in person or by the representative or official responsible for receiving the correspondence. In addition, the chronological sequence of events subsequent to 22.01.2020, the date from which the applicant was able to instruct an authorised team to carry out the repairs, considerably weakens the urgency of the measure to be ordered by the Presidential Decree. If the facts of the case had indeed affected the defendant`s rights in this way – the right to health and the right to property – the applicant, who was the beneficiary of such a generous enforceable title, should have acted immediately to appoint an empowered team to carry out the repairs that would have prevented her right to health and property from being infringed. Apart from the fact that the infringement of the right to property in the manner alleged by the applicant cannot, in itself, justify the urgency of a measure ordered by the Presidential Decree, the passivity of the applicant, who has not fulfilled the obligation provided for in that decision for 7 months, is a significant indication of the lack of urgency.
Quote through advertising. Show. If the plaintiff argues that, although he has done his best, he has not determined the domicile of the defendant or any other place where he could be summoned under the law, the court may publicly approve his summons. Once the summons has been granted by the public, the court appoints a curator from among the lawyers of the Bar Association, who is invited to the proceedings to represent the interests of the accused. Delivery of offers. In the case of the natural person, the cargo shall be handed over to the place where it takes place, i.e. to his place of residence or to the places indicated (if he does not reside at home, the cargo takes place at the residence or known place chosen by him; failing this, the cargo may take place at the known place, on which they permanently carry out their current activity). However, service of the summons may take place wherever the summoned person is present if the representative of the proceedings can deliver the summons to him. As regards the action for annulment, the Court of First Instance noted that the complaint to be examined presupposes that `the summons was imperative or that the court, although it could be issued without summoning the parties, ordered their summons to appear and that the complainant had not been summoned at all, or that the summons had not been duly executed at the time of the judgment and that the party was absent at that time.
(…) On the second list of appeals, the court found that the defendant had not filed a statement of defence despite being duly summoned to appear and her daughter had not returned to the Chamber after the case had reopened. The appeal was decided on the same day and modified throughout the judgment of the Iasi court, with the consequence that the defendant was obliged to perform the work previously specified. 5. Summary: The Iasi court was called upon by plaintiff Y to order the defendant, in opposition to defendant X, by order of the president, to urgently remedy the disruptions to the bathroom and kitchen installation with an authorized team and, in the alternative, to require the defendant to grant access to an authorized team to carry out the repairs. The evidence on the basis of which the case was decided was the applicant`s identity card, the declaratory report drawn up by S.C. TermoService S.A., the acceptance reports of the repair work, the photographic drawings. The first step in using the key number system is to find an applicable key number. The Westlaw homepage link to « Key Numbers » allows you to navigate by topic level. You can also display a link under autosuggest content pages when you start typing key numbers in the search bar at the top of the screen.
WestSearch Plus on Westlaw Edge provides superior search suggestions directly from the search box and then provides the most relevant text for your legal query without having to dive into a list of results. The summons by advertising is done by displaying the summons at the door of the court, on the portal of the competent court and at the last known domicile of the person summoned. In cases where it deems it necessary, the court shall also order the publication of the summons in the Official Gazette of Romania or in a central newspaper with wide circulation. LOCATE cases where similar legal concepts and principles are discussed Therefore, it is beyond any discussion that in folder No.. /245/2019, Respondent X was ultimately not summoned to the appeal hearing. It is apparent from the minutes … that the domicile to which she was summoned . Apartment 7. As is apparent from the identity card, the defendant`s domicile. Apartment 3 (N.N., same address, but a different house number), this is clearly a violation of the provisions of Article 164 para. (1) lit.
(c) C.pr.civ., the violation of Article 164 (3) shall be threatened with nullity. The summons shall indicate, where appropriate, all the particulars necessary to establish the address of the person summoned and indicate whether the summons is accompanied by a summons or whether the person summoned is required to produce certain documents or whether other procedural documents are served on him. In cases where the defence is not mandatory, the summons must mention the defendant`s obligation to prepare his defence for the first hearing and offer the evidence he intends to use in the context of the sanction provided for by law, which is expressly indicated. 1. in the event of resumption of proceedings following their suspension; « The fact that the summons falsely indicated that the defendant lives in another dwelling is punishable by the law of absolute nullity of the summons proceedings, that is to say, expressly, totally and unconditionally, without the party being obliged to prove the damage.