The nullity of the statement of claim when the obligations imposed on the party have been performed after the expiry of the period of 10 days, but before the time-limit set by the court for verification and regularization of the statement of claim

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

According to Article 200 para. (3) of the Civil Procedure Code, when the application does not meet the requirements set out in Articles 194-197 of the Civil Procedure Code, the plaintiff shall be notified in writing of the deficiencies, with the stipulation that, within a maximum of 10 days from receipt of the notification, he must make the required additions, under penalty of annulment of the application. Of these expressly regulated requirements, Article 195 of the Civil Procedure Code regulates the number of copies in which the application for a writ of summons must be filed, and Article 197 of the Civil Procedure Code establishes the obligation to attach proof of payment of the fees due, under penalty of annulment of the statement of claim.

If the obligation to supplement the claim with the obligations to file the statement of claim in the required number of copies or to attach to the case file proof of payment of the fees due is not complied with within the time limit indicated above, according to the provisions of Article 200 (4) of the Civil Procedure Code, the application shall be annulled.

However, if the obligations imposed on the party have been fulfilled after the 10-day time limit has expired, but before the time limit set by the court for verification and regularization of the claim, the claim will no longer be annulled because this measure is not justified.