Stay of proceedings. Theoretical and practical aspects

DEZBATERI

Abstract

This article examines the institution of the stay of proceedings, highlighting its temporising effect and the problems that have arisen in practice. The regulation of the institution of the stay of proceedings in the Code of Civil Procedure of 1865 has been largely preserved in the current legislation, with few changes or additions that we have pointed out throughout the article.

The Article also sets out some situations in which the stay of proceedings is requested by the parties for the sole purpose of delaying the trial, while it is for the court to determine those situations in which an optional stay of proceedings would lead to an unjustified prolongation of the trial or when, on the contrary, such a measure would be beneficial to the outcome of the case.

Finally, we emphasized that the unjustified stay of the case can be a powerful tool for delaying the case and violating the principle of resolving the case within an optimal and predictable time limit provided for in Article 6 of the Code of Civil Procedure.

Keywords: Stay of proceedings, voluntary stay, stay of proceedings by operation of law, optional stay of proceedings, Articles 411-415 of the Code of Civil Procedure, celerity, delay, optimal and foreseeable time limit, abuse of rights.