Contestaţie în anulare. Noţiunea de eroare materială esenţială ce ar fi putut determina o altă soluţie a instanţei de recurs. Diferenţierea erorii materiale de greşeala de judecată

Appeal for annulment. The notion of a clerical error of fact which could have led to a different result by the second appeal court. Distinguishing clerical error from error of judgment.

Abstract

An appeal for annulment is an extraordinary means of challenge which may be filed under limited conditions, i.e. only in the cases and under the conditions expressly regulated by law. Its special nature determines the need for a restrictive interpretation of the cases in which this means of challenge may be exercised and of the notions found in its content, among them in particular distinguishing that of "clerical error", provided for in the content of Article 503 paragraph (2) item 2 of the Civil Procedure Code.

Thus, the "clerical error" concerns those errors that are evident from the documents in the case file and are...