The Civil Process

The civil process can be defined as the activity that The Court, Parts,
other persons, or the Organs that participates in the judgement do to realise or
recognise the subjective rights and others juridical situations judgemental
deduced, or legal executions of The Court Decisions and enforceable titles,
according to the procedure established by law.
The civil process has to phases: the trial phase and the forced execution
phase. The trial phase contains trial in the first instance and trial in appeals. The
trial in the first instance usually goes through four stages: the written stage, the
process of researching, the stage of debates and the stage of deliberation and the
pronouncing of decision. The written stage begins with the request for a
summons by The Court, which is the procedural act that the interested party
(called the plaintiff) submits to the court a claim that he formulates against
another party. After notifying the court with the request for summon, the court
panel, where the case was randomly assigned, will verify if the applicant's
request is within its competence and if it meets the formal conditions provided
by law. If the plaintiff's request does not meet the formal conditions provided by
law, the competent panel will order the regularization of the request for
summons, allowing the plaintiff to fill the gaps in the request, under penalty of
cancelation. If the plaintiff will fill in with the gaps, with the deficiencies within
the time limit provided by law, the request for summon will be communicated to
the defendant, so that he can respond with an objection, (another written
procedural act, through which the defendant defends himself against the
plaintiff's claim). The objection formulated by the defendant will be
communicated to the plaintiff, who will submit the answer.
The judge cannot resolve the dispute based of the statements of the parts,
soo in the course of the civil process, appears another stage, the one of
investigation of the process, which aims to form the judge's conviction on the
substantial legal report between the parties. After completing the investigation of
the process, we enter in the third stage, the one of the substantive debates, in
which the parties have the opportunity to substantiate their claims, following the
evidence administered in question, through the substantive conclusions. After the
closing of the debates, comes in the stage of deliberation and pronouncing the
decision. The deliberation takes place in secret, in the council chamber, but the
decision is pronounced in a public meeting. Once these stages have been done,
the trial in the first instance is completed.
 The ones dissatisfied with the decision of the first instance may appeal it.
The appeal is an ordinary way to attack the decision, in principle suspensive of
execution and devolutive. At the same time, under legal conditions, the
interested party can exercise the appeal, extraordinary appeal, reform, non-
devolutionary, in principle non-suspensive of execution. The law also allows the
exercise of extraordinary non-suspensive ways for enforcement, retraction,
named the annulment appeal. Sometimes, the trial phase only goes through the
trial in the first instance, other times it goes through the appeal, but not all the
time; in fact, the appeal for cancelation and review are quite rare. The
enforcement phase occurs in the case of judgments likely to be enforced with the
help of state coercion, as well as in the case of other enforceable titles, if the
debtor does not have to perform the obligation voluntarily. It is not a „Must
Have” for the civil process to go through both phases. With that being said, the
enforcement phase will be absent when their debtor is voluntarily enforced or
when the judgment is not liable to enforcement.