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- Title
24. Soluționarea acțiunii în baza excepției inadmisibilității, nepuse în discuția părților Nulitate intrinsecă actului de.
- Abstract
In the event that several pleas have been relied on simultaneously, the court shall determine the order of settlement depending on the effects that they produce. The court is required, in any proceedings, to retable to parties all the invoked claims, pleas and circumstances in fact or in law, relying its decision only on factual and legal grounds, on explanations or means of evidence which were previously subjected to a contradictory debate. Considering the fact that, on the hearing date, the court of first instance raised the plea of the authority of res judicata to be debated between parties, upholding the case to be settled as regards this plea, however, it conducted the examination of the plea of inadmissibility of the action -- which it admitted -- even if it had not been raised to be debated between parties, the principle of contradiction was breached. However, this issue is unlikely to entail annulment of the appealed judgment. A nullity inherent to the procedural document has been invoked in this case, and this nullity is conditional on injury, and this is verified, given that appellants did not have any possibility to defend before the court against the plea of inadmissibility of the action. Therefore, we are not in the presence of an injury which could only be removed by annulment of the document. Appellants have the opportunity to defend themselves against the plea of inadmissibility by appeal, an opportunity which they have used, so that it cannot be upheld that the injury may only be removed by the annulment of the judgment. As long as the court vested with the appeal settlement is called to examine the lawfulness of the manner in which the tribunal resolved the plea of inadmissibility, the injury suffered by appellants was removed, so that the nullity of the appealed judgment was covered.
- Subjects
APPELLATE courts; DEBATE; CONTRADICTION; WOUNDS &; injuries; POSSIBILITY; ARBITRATORS
- Publication
Romanian Case Law Review / Revista Română de Jurisprudenţă, 2019, Issue 4, p148
- ISSN
1844-6450
- Publication type
Article