BRIEF COMMENTS ON ISSUES CONCERNING THE FORFEITURE OF RIGHT TO SUBMIT EVIDENCE IN THE CIVIL TRIAL
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2018, Vol 10, Issue 12
Abstract
The Code of Civil Procedure lays down a series of timeframes in which the parties may propose the evidence under the sanction of the forfeiture of this right and, on the other hand, at the written stage regulated by art. 200 Civ. Proc. Code the application may also be annulled because the applicant has not proposed evidence within the 10-day time limit set by the court to fill the claim. We propose to analyze both the interferences between the sanction of the cancellation of the application and the forfeiture of right at the regularization stage, but also the scope of art. 254 par. (2) Civ. Proc. Code, respectively the cases in which the evidence may be submitted beyond the term stipulated by the law. In the paper we will propose solutions to the applicable sanction for not showing evidence in the civil action, analyzing the arguments proposed by the doctrine both for nullity and for forfeiture of right. In this respect, we will discuss the particular cases of art. 194 lit. e) Civ. Proc. Code on witness identification data and interrogators of the legal entity. In the last part, we will address the question of the removal of the sanction of forfeiture in cases where the administration of the evidence does not lead to the adjournment of the trial, more precisely the situations in which this law is to be applied.
Authors and Affiliations
Emilian-Constantin MEIU
Keywords
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