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Nicola Horia ȚIȚ: Considerations regarding the communication by e-mail ...

Abstract: The article deals with some practical aspects regarding the way in which the procedural documents are communicated by e-mail, related to the provisions of the Code of Civil Procedure, following the amendments made by Law no. 310/2018. Both the communication of procedural documents by the court and by the parties are analysed, in the light of the relevant jurisprudence, especially the mandatory one (decisions to resolve legal issues pronounced by the High Court of Cassation and Justice). Specifically, regarding the communication of procedural documents by the court to the parties, the possibility of using e-mail communication is analysed depending on the manifestation of will of the party and the manner of its exteriorization, respectively the formal rigors that the court must take them into account in relation to the proof of the communication made to the parties and the time of its realization. In connection with the communication of procedural documents by the parties to the court, the article analyses, in the light of the mandatory case law of the High Court of Cassation and Justice, the issue of when the procedural act is fulfilled, in relation to the requirements provided by law in order to be considered carried out in time, depending on the time of its transmission, as well as that of proving these elements. Finally, conclusions are drawn in relation to the practical applicability of the legal provisions in force and proposals de lege ferenda are made.

Key words: procedural documents; communication; civil process.


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