Aspecte procedurale privind solutionarea contestatiei in anulare de catre inalta curte de casatie si justitie
Procedural issues regarding the resolution of the challenge for annulment by the high court of cassation and justice

Summary/Abstract: The author examines certain issues regarding the use of the challenge for annulment in the civil trial: whether a judgment issued following a challenge for annulment may be challenged with another challenge for annulment; what is the term within which one may file/motivate a challenge for annulment; whether the institution of the joinder operates in case two challenges for annulment were filed against the same judgment; what is the composition of the court in which the challenge for annulment is resolved and how does the principle of continuity operate; in which cases and under which conditions may the amendment of the challenged judgment be ordered in appeal, an appeal solved following the admission of a challenge for annulment. The examination is made by reference to a ruling of the High Court of Cassation and Justice, the Commercial Section (no. 893 of 4 March 2010), reproduced in an excerpt, which solved a series of procedural issues erroneously.

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