Contestaţia în anulare în materie civilă. Necompetenţa absolută sau încălcarea normelor privitoare la alcătuirea instanţei

Judecător Mihaela Ganea,

Curtea de Apel Constanţa, Secţia I civilă

Objection for annulment in civil matters. Absolute lack of jurisdiction or violation of the rules regarding the composition of the court

Abstract

Although the jurisprudence in the field of means of withdrawal is most often a repetitive approach in the repertoire of objections of illegality, placed rather in the classic reference of material error, the objection for annulment proves its use beyond suspicion when the irregularities translate into violations of court organizational rules and fundamental principles of civil proceedings.

The legal composition of the court or the absolute lack of jurisdiction involves an exhaustive approach to the rules that ensure their correct interpretation, but without exceeding the purpose for which the legislator regulated this means of withdrawal.

Keywords: composition of...