Review for contrary rulings. Conditions

The High Court of Cassation and Justice decided that the reason for revision prescribed by Art. 322 point 7 from the Civil Procedure Code (Art. 509 point 8 New Civil Procedure Code) allows the revision in case of contrary rulings, given by courts of the same or different grades, in the same cause, between the same people, having the same quality. In order to invoke this reason, the following conditions must be met: need to have final contradictory rulings, even if they did not solved the substance of the case; to be rulings given in the same litigation, having triple identity of elements: parties, object and cause; the contradictory rulings to be pronounced not in the same trial (file), but in different trials (files); to not have the “res judicata” exception raised during the second trial, or, in case it was raised to not have been discussed; to request the cancellation of the second ruling that, prnounced with the infringement of the “res judicata” principle. In this case, the High Court held that not all the conditions mentioned above were fulfilled, as the two allegedly contrary rulings were given in the same trial, although in different procedural cycles. (Decision no. 3525 of November 11, 2014 issued by Civil Section II of the High Court of Cassation and Justice having as object the review).

:: The Source: JURIDICE.ro

Adina Elena Oprea
Junior Lawyer

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