Rightful suspension of the trial. Application for reopening the legal proceedings. Obsolescence

DREPT CIVIL ŞI PROCESUAL CIVIL

Abstract

The fact that the court granted a very long hearing period, is not relevant for the obsolescence term, since the provisions of Article 415 item 2 of the Code of civil procedure are applicable, according to which the trial shall be resumed by the application for reopening the legal proceedings, made with the indication of the heirs, and the hearing date established has no importance and whether it is established subsequently to running the period of 6 months from the last procedural document. 
Moreover, the Court finds that these last legal provisions shall only condition the resumption of the lawsuit on filing the application for reopening “made with the indication of the heirs”, and not on the submission of the documents proving the capacity as heir, as the court unlawfully acknowledged, the more so because generally, in these situations it is about documents which are issued to persons having a vocation of heir, hard to get from any institutions by the parties to the casefile, without the participation of the court.