Evaluarea sumară a prejudiciului în cadrul procedurilor şi al incidentelor cu caracter urgent

Dr. Liviu Zidaru

Conf. univ., Facultatea de Drept, Universitatea Bucureşti

Judecător la Curtea de Casaţie, s. I civ.

Summary Assessment of Damages in Urgent Procedures and Incidents

Abstract

This study examines certain procedures that require a summary assessment of damages for their resolution. It primarily concerns provisional litigation, viewed generally, involving procedures aimed at taking provisional and/or urgent measures. With some terminological variations, these applications require a summary evaluation of the legal soundness of the applicant's position (fumus boni iuris or appearance of right) as well as the danger resulting from not taking the requested measure (periculum in mora). This latter condition involves assessing the probability of damage occurring, both in the hypothesis where the measure would not be taken, and in the contrary hypothesis, this time concerning the potential...