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Notifications by mail: analysis of ruling no. 14033 of 2022

The Court of Cassation, with ruling no. 14033 of December 5, 2022, addressed a crucial issue regarding notifications by mail, clarifying the necessary requirements for the completion of the notification procedure. This pronouncement fits into a complex legal context, where the methods of notification play a fundamental role in the validity of legal acts.

The regulatory context

The relevant legislation is Law no. 890 of November 20, 1982, particularly Article 8, paragraph 1, which governs the methods of notifying acts through postal services. The Court reiterated that, to consider the notification procedure complete, it is not sufficient to simply send a registered letter with acknowledgment of receipt. It is necessary for the postal operator to certify, through the receipt, the execution of all the required steps, such as posting the notice of deposit at the recipient's door.

Failure to deliver the notifying act under Article 8, paragraph 1, Law no. 890 of 1982 - Completion of the notification procedure - Act drafted by the postal operator - Necessity - Existence. Regarding notifications by mail, for the purpose of completing the notification procedure for the act refused by the recipient or not delivered due to their temporary absence or the absence or inadequacy of other persons authorized to receive it, the mere sending of the registered letter with acknowledgment of receipt containing the communication of the act's deposit at the post office is not sufficient; it is necessary for the postal operator to certify in the receipt of the registered letter the completion of all obligations, such as posting the notice of deposit on the door or placing it in the mailbox regarding the registered parcel at the post office.

Impacts of the ruling on notification practices

This ruling has significant repercussions on notification practices. It is essential for lawyers and legal professionals to understand that the simple sending of an act is not enough. The methods of notification must be executed precisely to avoid future disputes regarding the effectiveness of the notification itself. The responsibilities lie with the postal operator, but also with the sender, who must ensure that the service is performed correctly.

  • Need for formal certification from the postal operator.
  • Relevance of posting the notice of deposit.
  • Possible legal consequences in case of improperly executed notification.

Conclusions

In conclusion, ruling no. 14033 of 2022 serves as an important guide for all legal practitioners, emphasizing the necessity to strictly follow notification procedures to ensure the validity of legal acts. It is essential that all professionals are aware of these indications to avoid future disputes and ensure the proper exercise of rights and duties related to the notification of acts. Only in this way can effective justice be guaranteed, respecting the rights of all parties involved.