Post by account_disabled on Dec 31, 2023 4:34:10 GMT -5
Aof the provisions of art. para. with art. para. of the Code of Civil Procedure it follows that if the plaintiff amends his request for summons the court orders the postponement of the cause and communication of the amended request to the defendant in order to formulate the response which under penalty of forfeiture will be submitted with at least days before the fixed term. Therefore the defendant has at his disposal a new term in which to formulate a new objection under the conditions in which the plaintiff has modified his request for summons.
The Court also notes that according to art. para. only to the extent Country Email List that the defendant is present and declares that he does not want the trial to be postponed in order to become aware of the amended request within the deadline and file a response no deadline is granted. Also according to the provisions of art. para. of the Constitution the competence of the courts and the court procedure are those provided only by law. The legislator has a wide margin of appreciation in this field and used this margin of appreciation to configure the process in conditions that would ensure its expediency but also respect for the procedural rights of the parties.
Examining the exception of unconstitutionality the Court notes that the author of the exception starts from an erroneous premise that according to which regardless of whether the plaintiff amends his summons request or not the defendant only has days to formulate the response a term that runs from on the date of receipt of the summons. of art. para. with art. para. of the Code of Civil Procedure it follows that if the plaintiff amends his request for summons the court orders the postponement of the cause and communication of
The Court also notes that according to art. para. only to the extent Country Email List that the defendant is present and declares that he does not want the trial to be postponed in order to become aware of the amended request within the deadline and file a response no deadline is granted. Also according to the provisions of art. para. of the Constitution the competence of the courts and the court procedure are those provided only by law. The legislator has a wide margin of appreciation in this field and used this margin of appreciation to configure the process in conditions that would ensure its expediency but also respect for the procedural rights of the parties.
Examining the exception of unconstitutionality the Court notes that the author of the exception starts from an erroneous premise that according to which regardless of whether the plaintiff amends his summons request or not the defendant only has days to formulate the response a term that runs from on the date of receipt of the summons. of art. para. with art. para. of the Code of Civil Procedure it follows that if the plaintiff amends his request for summons the court orders the postponement of the cause and communication of