Suspension of the case for unjustified absence of the parties. Request for a reinstatement sent by e-mail

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The provisions of Article 148 (1), (2) and (3) of the Code of Civil Procedure allow the parties to submit requests to the court in electronic form, and the court's failure to take such request into account, justified by the absence of a signature, is unlawful. Article 148 (5) of the Code of Civil Procedure reads as follows: "If for any reason the request cannot be signed at the time when it was filed or, as the case may be, at the first following time, the judge shall establish the identity of the party by one of the means prescribed by law, read the contents of the request to him and take his consent thereto. All this will be mentioned in the ruling".

This means that the court, if it had doubts as to whether the party had expressed its will in relation to the electronic request, was obliged to summon the party to sign the request in accordance with the above provisions and not to disregard the document.