Indicarea sediului pârâtului prin întâmpinare. Situaţie în care nu are loc o schimbare a adresei părţii pe parcursul procesului. Inaplicabilitatea dispoziţiilor art. 98 C. pr. civ.

Abstract

Indicating the defendant’s address through defence. Situation in which the change of the party’s address does not occur during the trial. Non-applicability of the provisions of art. 98 of the Code of Civil Procedure

As long as, in limine litis, by the first procedural document drafted by the defendant for the cause – the defence -, it indicated an address to be summoned to, we cannot deem that a change of the defendant’s address occurred during the trial, so that, under the pain of not taking into account, according to art. 98 of the Code of Civil Procedure, the summons to the former address should be legal.

If the defendant was not summoned to the address indicated in the defence for the performance of the topographic survey, the latter shall be deemed as null and void, according to art. 105 para. 2...