O istorie a judecăţii în absenţa părţilor - de la hotărârea dată în lipsă la suspendarea voluntară a judecăţii

Drd. Roxana STANCIU

Facultatea de Drept, Universitatea din Bucureşti

A history of in absentia judgement - from the default judgement to the voluntary stay of proceedings

Abstract: The judgment given in the presence of the parties is a guarantee of a fair trial, while their absence from the debates no longer entails the loss of the trial. However, the waiver of due process guarantees, including hearings being conducted before both parties, must be express or must clearly result from the party's conduct. Otherwise, the court cannot continue the trial, a fact to which the law attaches the effect of an imperative norm.

The "presumption of discontinuance" on which the case of voluntary suspension of judgment is based, provided by art. 411 para. (1) point 2 C.civ.proc., has recently been combated by the theory that the party seeking a justified adjournment actually intends to prevent the...