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Model forms used in the procedure on applications of low value provided by the new Code of civil procedure

In the Official Gazette of Romania, Part I, no. 69 of 1 February 2013 was published the the Order of the Minister of Justice no. 359/2013 approving the forms used in the procedure on applications of low value provided by art. 1025-1032 of Law. 134/2010 regarding the Code of Civil Procedure.

The normative act approved the application form, form filling and / or rectify the claim form and answer form, used in the procedure on applications for regulated low value of art. 1025-1032 of Law. 134/2010 on Civil Procedure Code, republished.

The enactment shows detailed instructions on how to fill in each of these forms.

The procedure has a limited application domain. Applications with a higher value of 10,000 lei in court is seised or those that are mentioned in art. 1.025 par. (2) and (3) of Law no. 134/2010 on Civil Procedure Code, republished, (requests to revenue, customs or administrative matters, the State requests a liability for acts or omissions in the exercise of public authority applications for: marital status or capacity of natural persons, economic rights arising of family relations, inheritance, insolvency, composition preventive procedures and liquidation of insolvent companies or other legal persons or other similar procedures, social security, employment, renting of immovable property, except actions on claims involving the payment of a sum of money, arbitration and impairment of the right to privacy or other rights relating to personality) can not be resolved under this procedure.

The application form procedure used on low value claims includes mentions of:
– Court which the request is made;
– Identifying parties, including the attorney, if the applicant is represented;
– Introductory information on request: main obligation value when valued in moneydemand, subject to demand and estimated value if non-monetary demand, clarification of the type required interest (contractual or statutory) contractual interest rate and the date on which such interest has to flow, the amount of costs if required;
– Details on the application: reasons in fact and law on which the appeal is based, description of evidence, call for the holding of oral hearing, if any;
– Date and signature.

Procedure on applications of low value is a written procedure. However, the application form or in a later stage, the parties may request oral debates. Also, the court may orderappearance parts, if it considers this to be necessary.

The response form has two parts:

– Part I – To be completed by the court and includes information on: the parties, the court, request the file number;
– Part II – To be completed by respondent optional, it can use other means to meet claims. The form contains mentions of: whether the defendant accepted the plaintiff’s claims (answer “no” to be motivated), otherwise samples are asking for oral hearing to take place if we are to formulate a counterclaim, other information, date and signature.

The answer should be submitted to the court, within 30 days of notification by the court response form.

If the defendant does not send a response within 30 days, the court ruled, in relation to documents on file. First instance judgment is enforceable in law.

>> The source: JURIDICE.ro

Alexandru VLASTON

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