211 views

HCCJ. Wrongful summoning of the parties for the term when the trial was judged

The High Court of Cassation and Justice decided that wrongful summoning of the parties, by at least 5 days before the date on which was resolved the application, can be assigned to the legal provisions governing grounds for contestation in annulment prescribed by art. 317 para. (1) pt. 1 Civil Procedure Code (art. 503 par. 1 NCPC). In this case, however, the High Court held that from the documents of the case file resulted the legal summoning of the applicants for the term when was resolved the application for revision, before the 5 day term provided by art. 89 para. (1) Civil Procedure Code (art. 159 NCPC) respectively and the subpoenas to which the callers had referred were those through which the contestation was communicated to them, a fact that does not fit in the grounds for contestation in annulment provided by art. 317 para. (1) pt. 1 Civil Procedure Code. (Decision no. 2942 of 30 October 2014 rendered by The First Civil Division of The High Court of Cassation and Justice, covering contestation in annulment)

:: The Source: JURIDICE.ro

Anda-Laura TĂNASE

Related posts