Amprenta temporalităţii în determinarea instanţei competente să soluţioneze cererea de asigurare probelor

dr. Liviu-Alexandru Viorel

Avocat coordonator - Muşat & Asociaţii

Abstract:

The present article aims to identify the method of application of the criterion for the determination of the competent Court to adjudicate the request for securing the proofs in the dynamics of lodging the binomial requests, i.e., the request for securing evidence and, respectively, the main claim.

Two specific questions seek their answer in the present article: (i) lodging of the main application only a few days after the time of formulation of the application for securing of evidence could justify adjudication of the application for securing of proofs by the Court subsequently vested with the main claim? and (ii) is it possible to use the temporal criterion per hour(s) from the perspective of lodging of the two applications for the purpose of determining competence?

Keywords: material jurisdiction; securing of...