The failure to give the word to the parties with regards to exceptions

The High Court of Cassation and Justice decided that, if within the decision, in the intro, the granting of word to the parties is omitted, on lack of locus standi and passive considerations analyzed and solved by the device, such an omission could have the nature of a simple clerical error by pointing the proceedings governed by art. 281 Civil Procedure Code, only to the extent that, at the last hearing, the parties had expressed their opinion on the procedural exceptions, but by mistake it would have not been recorded in the intro. In this case, however, the High Court held that there are not in such a situation, as long as the parties have not expressed at all the procedural exceptions, unmatched in their contradictory debate so that, being denied fundamental procedural principles, namely the adversarial principle and the rights of the defense has produced a procedural harm that can only be rectified by the cancellation of the procedure committed in these circumstances. (Decision no. 681 of 12 March 2015 given in Section I appeal to the civil High Court of Cassation and Justice covering property claim)

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Dan Alexandru NEGRU

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