Conflict of jurisdiction. Relationship between the time limit for verification of jurisdiction and the time limit for amending the statement of claim

DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Abstract

From the comparative analysis of Art. 131 para. (1) and Art. 204 para. (1), it is clear that, if the legal conditions for the examination of jurisdiction are met, the time-limit for amending the statement of claim is also met.

This will mean that, once the jurisdiction of the first court has been established, after following the procedure governed by Art. 131 Code of Civil Procedure and, possibly, that governed by Art. 132 para. (1), before the court to which jurisdiction has been declined on the basis of the subject-matter of the statement of claim as determined, the plaintiff can no longer amend his application in order to have the case remitted to the court originally notified.