Claim submitted to the court by fax/electronic mail. Absence of signature. Nullity of the claim

DREPT CIVIL ŞI PROCESUAL CIVIL

Abstract

The requirement that in the event of sending by fax or electronic mail, an original counterpart should be submitted to the file, namely that counterpart containing the handwritten signature affixed to the application submitted to the casefile, results from the 
word order of Article 200 para. 1 of the Code of Civil Procedure setting forth the check by the court of the requirements provided by Articles 194-197 of the Code of Civil Procedure, which is ordered after Article 199 of the Code of Civil Procedure, governing the way of transmission of a statement of claim to the court, and, especially, the obligation to record it by the court, no matter the means by which it has been transmitted. 
A photocopied signature or resulting from the print of a document in “pdf” form does not meet the formal requirement provided for by the rules of procedure, and therefore, the failure of the appellant to fulfil the obligation communicated by the court, to sign the claim or submit an original signed counterpart thereof, entails its cancellation for lack of signature.