HCCJ. Establishment of joint liability by procedure of clarifying the device. Illegality

The High Court of Cassation and Justice decided that, joint liability can not be determined through the clarifying procedure of the device of a court decision whereas this matter is related to the fund of contentious relationship between the parties, which must be subjected to contradictory debates, respecting procedural safeguards required by art. 6 of the European Convention governing the right to a fair trial. In this regard, the High Court stated that the establishment of passive solidarity through the clarifying the device procedure governed by art. 2811 of Civil Procedure Code (art. 443 NCPC) is equivalent to a genuine change of the decision submitted to this procedure, in flagrant violation of the principle of res judicata with  consequences on the effects of enforcement order, which is unacceptable. (Decision no. 1528 of 21 May 2014 rendered in appeal by The First Civil Division of The High Court of Cassation and Justice, covering correction and clarification of device of judgment)

:: The source: JURIDICE.ro

Anda Laura TĂNASE

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