Instanţa competentă să soluţioneze recursul în procesul civil, între deziderat şi realitate
Court of law competent to solve the review in the civil trial, between desideratum and reality

Summary/Abstract: The study analyzes how it evolved the competence of the court of law to solve the review in the civil trial from the initial version of the Law No 134/2010 on the Civil Procedure Code to the amendment brought by the Law No 310/2018 for amending and supplementing the Law No 134/2010 on the Civil Procedure Code, as well as for the amendment and supplementation of other normative acts. The result of the study is reflected in the opinion according to which the court of law competent to solve the review in the civil trial had to remain, as a rule, the High Court of Cassation and Justice. Thus it would have been made a unitary interpretation and the contradictory solutions would have been avoided. Although in the versions of the Law No 134/2010 and until the adoption of the Law No 310/2018 the purpose of the review was to subject to the High Court of Cassation and Justice the examination, under the terms of the law, of the conformity of the contested judgment with the applicable rules of law, the supreme court has diverted this purpose, by admitting the exception of its material incompetence and declining to solve the reviews. In the regulation of the Law No 310/2018, the courts which solve the reviews are usually the tribunals and the courts of appeal and, only by exception, the High Court of Cassation and Justice. Therefore, the legislator’s initial intention to have the review solved, as a rule, by the High Court of Cassation and Justice has been suppressed and it has been resumed the legislative solution regulated by the old Civil Procedure Code, in the sense that the review is solved, in all cases, by the court next in hierarchy to the court of appeal.

• Details
• Contents