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The binding nature of pardon given by the Court of Cassation

The High Court of Cassation and Justice has ruled that if the substantive jurisdiction of the first court was established by decision to squash, it is not possible to formulate criticism based on lack of jurisdiction of the court of appeal after retrial, since such an approach ignores the effects they produce res judicata of final judicial pardon within the same process, according to Art. 315 Civil Procedure Code (Article 501 NCPC). In this regard, the High Court held that “the manner in which the court of appeal, the decision of cassation, gives dispensation to a contentious issue – in this case the commercial nature of the relationship between parties that determines jurisdiction of first instance to the commercial division of the court – is required without the possibility of being contradicted at retrial. This is due to the positive effect of res judicata that the irrevocable directions of a judgment are imposed against both parties and subsequent courts that cannot ignore the effects of previous judgments which ​​definitely dealt with a matter of dispute.„ (Decision no. 567 of February 7, 2013 delivered in Civil Appeal Division I of the High Court of Cassation and Justice covering reintegration into function)

:: The source: JURIDICE.ro

Dan Alexandru NEGRU

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