Efectele hotărârii judecătoreşti pronunţate în cadrul procedurii regulatorului de competenţă în cazul conflictului negativ de competenţă

The effects of the judgment in the proceedings regulator jurisdiction over negative conflict of jurisdiction

Abstract

The outcome of the procedure regulator jurisdiction over a negative conflict of jurisdiction is res judicata and is binding for the court to whom the case was referred. This court can not to invoke once again lack of competence, but is obliged to settle the case, especially since at the time the new declensions were not considered issues/legal dispositions us, which had not been known to the court who previously resolved the conflict of jurisdiction.

Otherwise, it would disregard the effects of a final judgment in the proceedings regulator of competence, leading to delays in the process and the violation of one of the fundamental principles of civil trial, namely the right to a fair trial within a reasonable term provided by article 6 Code...