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Modifications into the Code of Civil Procedure: Part 7- Abolition of Judicial Indemnifications

By Alexei Ghertescu

Certain modifications took place in respect of judicial indemnifications.

What was the notion of judicial indemnification in the Code of Civil Procedure? Art. 162 (now abrogated) stated that a person who caused material damages by violating deliberately and with culpability the provisions of the Code of Civil Procedure or other laws, or requirements determined by the court could be upon the request of an interested party obliged by the court to repair the damages caused.

The aforementioned art. 162 and respective provisions of arts. 163-165 that defined the order of examination of the issues regarding calculation and imposition of judicial fines and indemnifications were modified to the extent those rules regard judicial indemnifications in order to abolish provisions that have regulated them.

I can?t understand clearly why these modifications were made. I think that existence of rules on judicial indemnifications had a positive effect. It set some limitations for the parties involved into litigation in order to prevent the misuse of their procedural rights. Anyway the most important question is ? will it be possible to claim for compensation of damages in case when the opposite party breaches certain procedural rules after the aforementioned modifications have been introduced? I think the answer is yes. It will be possible but only according to general rules of damages compensation that exist in civil law.

Well, as we often say, we?ll live and we?ll see?
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Previous entries:
Modifications into the Code of Civil Procedure: Part 6 - Evidences and Proving
Modifications into the Code of Civil Procedure: Part 5 - Communication of Procedural Acts and Procedural Terms
Modifications into the Code of Civil Procedure: Part 4 - Judicial expenses
Modifications into the Code of Civil Procedure: Part 3 - composition of the court and participants to a process
Modifications into the Code of Civil Procedure: Part 2-Courts' jurisdictions
Modifications into the Code of Civil Procedure: Part 1-General provisions
Modifications into the Code of Civil Procedure: introduction

Full post as published by LAW IN MOLDOVA on January 30, 2007 (boomark / email).