The particularities of rising exception of tardiness in the civil process from Republic of Moldova
Journal Title: Revista Institutului Național al Justiției - Year 2018, Vol 46, Issue 3
Abstract
Judicial form is the most effective way to protect rights and interests in a democratic society. The holder of a subjective civil right must be able to request the help of the coercive force of the state in order to restore the legal situation that has been violated. However, the holder of a right must refer the matter to the court during the period of statute of limitations, after which the applicant will no longer be able to obtain the state's support for exercising his right. Since the entire civil process is governed by the principle of optionality, expiration of the statute of limitation must be invoked by the adverse in the process in order to obtain the rejection of the action. In this article, we examine the particularities of the invocation, the conditions and the effects that creates exception of tardiness.
Authors and Affiliations
Dumitru Dumitrașcu
Keywords
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