Contestaţie în anulare. Înţelesul sintagmei "eroare materială"

Appeal for annulment. Meaning of 'clerical error’

Abstract

"Clerical error" is a procedural error concerning formal aspects of the trial, such as to lead to a different outcome from that which would naturally have resulted from the court's observation of the real facts of the case. Such a 'clerical error' also exists when the envelope on which the date on which the appeal was lodged within the time-limit is attached to another file of the same court, together with another procedural document sent by the party in the same envelope, without mentioning on the notice of appeal, at the time it was lodged with the court, the fact that it was lodged by post and the date on which it was sent.

Rezumat

"Eroarea materială" reprezintă acea greşeală cu caracter procedural, ce vizează aspecte formale ale judecăţii, de natură a determina o altă soluţie decât cea care ar fi rezultat, în mod firesc, din observarea de către instanţă a elementelor...