Consecinţe ale încetării capacităţii procesuale de folosinţă în cursul judecăţii. Perimarea

Consequences of the termination of legal capacity during the trial. Obsolescence

Abstract

The reason for the stay is the death of the party, which, followed by the failure to bring the party's heirs into the case, has caused the case to be time-barred; to accept the appellant's argument that the case cannot be time-barred would amount to a perpetual stay of the case, without time limit, which according to the legal provisions cannot be accepted.

The criticisms concerning infringement of the principle of the active role of the court of appeal for failing to take steps of its own motion to identify the heirs of the deceased or to bring into the case, of its own motion, the Romanian state in its capacity as collector of the vacant inheritance, in the absence of the identification of other heirs, are unfounded, since the obligation to take such steps does not lie with the court but with the party...