Modern means of summoning in civil proceedings, current state and development perspectives
Journal Title: Revista Institutului Național al Justiției - Year 2017, Vol 43, Issue 4
Abstract
Summoning is a predominantly technical and mechanical process, which does not involve direct implication of the participants in the process, being an act exclusively performed by the court. Therewith, summoning is one of the most important elements of the civil procedure’ structure, ensuring the first contact between the court and the participants in the trial, bearing the task to inform the participants in the trial and, most importantly – the defendant of the initiation of a case, which affects the defendant in the most direct way, having the task to communicate the date, time and place of the case. The correct, timely, efficient and secure performing of summoning process is the key to success in the just and equitable implementation of the act of justice. Nevertheless, established court practice gives priority to summoning participants to the process exclusively through postal services, which however has a number of shortcomings such as time, cost, security of reception. On the other hand, the legislator offers to the court the possibility to opt for modern means of summonig participants in the process. In this work, the author examines the normative framework existing in the Republic of Moldova regarding the process of summoning, presents legal solutions and experience of other countries in the implementation of modern means of communication and investigates the possibility of implementing modern mechanisms of communication in the procedural system of our country. Subsequently, the author doubts the necessity to obtain the consent of the participants in theprocess in order to be summoned through modern means of communication, being stressed by the author the idea of the possibility to communicate summons by absolutely any means of communication, which meet the main condition – confirmation of receiving the summons by the recipient, even in the absence of the participant’s consent.
Authors and Affiliations
Vitalie Moscalciuc
Keywords
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