Aspecte privind verificarea înscrisurilor şi calitatea de parte sub imperiul noului Cod de procedură civilă. Propunere de lege ferenda privind extinderea motivelor de revizuire

Conf. univ. dr. EMILIAN LIPCANU^*

* e-mail: emilianlipcanu@yahoo.com

ABSTRACT

In this study, the author brings back to memory a doctrinal discussion, inspired by the decision of a tribunal (seized as a court of judicial control), published by the "Romanian Journal of Law", in two issues, in the period between 1983 and 1984, a discussion in which its protagonists, accepting the idea of an extensive interpretation of the provisions of the old Civil Procedure Code regarding the procedure of verification of scripts, concluded that this procedure may also cover the application for summons, in case that one of the applicants claims that he did not initiate the trial, the signature on the application is not his, nor did he mandate his brother (the co-applicant) to initiate the trial in his name. The doctrinaires have...