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Invoking functional lack of jurisdiction of the Court

High Court of Cassation and Justice has ruled that the appeal for annulment is inadmissible when it alleges breach of functional lack of jurisdiction of the court, as is the condition of breach of public order on jurisdiction (referred to in art. 317 para. (1) Section. 2, final sentence of the Civil Procedure Code), the term „functional incompetence ” irretrievable from the procedural provisions classification of art. 159 para. (1) Civil Procedure Code, which lay down the basis for where the court lacks competence of a public order nature, which is a creation within doctrine without legal representation. (Decision no. 2643 of September 17, 2013 issued by the Civil Section II of the High Court of Cassation and Justice covering extraordinary appeal)

Note: According to Art. 503 para. ( 2 ) Section 1 of the New Code of Civil Procedure, the appeal court decisions can be appealed to the extraordinary appeal when the judgment in appeal was issued by a court or in violation of the absolute jurisdiction on the composition of the court and, although the appropriate exception was invoked, the appeal court failed to rule on it.

:: The source: JURIDICE.ro

Dan Alexandru NEGRU

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