Procedural Aspects Concerning the Notice of Claim in the Romanian Civil Law

Abstract

The notice of claim within The Romanian Civil Law registered a double regulation, this being filed by the non possessing owner according to the regulations in force both according to the common law norms, according to art. 480 of the Civil Code and according to certain special rules, as regulated by Law 1/2000 and 10/2001. Considering the double regulation, in the legal practice, we identified certain procedural aspects raising problems even at present, as we shall discuss them within this article, concerning Civil Law Institutions as res judicata, evidence aspects, the lack of locus standi