Admissibility of the request for revision based on the provisions of art. 509 para. (1) pt. 5 of the Civil Procedure Code against a bankruptcy decision Cover Image
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Admisibilitatea cererii de revizuire întemeiate pe dispozițiile art. 509 alin. (1) pct. 5 C.proc.civ. împotriva unei sentințe de intrare în faliment
Admissibility of the request for revision based on the provisions of art. 509 para. (1) pt. 5 of the Civil Procedure Code against a bankruptcy decision

Author(s): Ruxandra Argăseală
Subject(s): Law, Constitution, Jurisprudence, Commercial Law
Published by: C.H. Beck Publishing House - Romania
Keywords: motion for revision; reversal invoce; bankruptcy; new documentary evidence

Summary/Abstract: The article aims, throught an analisys, to answer the question: may a reversal invoice constituite the grounds for admission of a request for revision based on the provisions of article 509 paragraph (1) point 5 of the Civil procedure Code and for the complete change of the decision throught which the bankruptcy was ordered? Arguments are made by interpreting both law provisions and national judicial practice, but also ECHR case-law, and finally assessments are made regarding the meeting of the "new documentary evidence" requirements of the reversal invoice, as well as the admission opportunity of a motion for revision with regard to subject area.

  • Issue Year: XIX/2020
  • Issue No: 05
  • Page Range: 257-258
  • Page Count: 2
  • Language: Romanian