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HCCJ. Uncoordinated jurisprudence does not constitute grounds for reviewing

The High Court of Cassation and Justice ruled that, in order to introduce a request for reviewing, based on art. 322 pt. 7 of the Code of civil procedure (art. 509 paragraph 1, pt. 8 of the New Code of civil procedure), the existence of the triple identity of parties, object and cause is necessary. This is a fundamental condition for the finality of the reviewing, which is to remedy the errors caused by not obeying the principle of res judicata.

In this particular case, the petitioner invokes uncoordinated jurisprudence, naming other decisions issued by the same court, which reveal a different interpretation of petitions submitted by other persons having the same object as the petition in the current case. The High Court established that for contradictory solutions issued in different causes, the conditions of art. 322 pt. 7 of the Code of civil procedure are not met, as those do not regulate situations arisen from uncoordinated jurisprudence, which must be resolved by other judicial mechanisms. (Decision no. 5011 of the 5th November, 2013, rendered by Section I – Civil of the High Court of Cassation and Justice, seeking request for reviewing)

:: The source: JURIDICE.ro

Andreea BANU

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