Inexistenţa dreptului de opţiune între procedura completării hotărârii şi exercitarea căii extraordinare de atac

The non-existence of the right of option between the procedure for completing the decision and the exercise of the extraordinary remedy

Abstract

According to art. 281¹ alin. (1) Civ. Pr. C., if by the given decision the court has failed to rule over a main or accessory point of the claim or on a related or incidental request, the judgment may be required to be completed within the same period within which it can be declared, as the case may be, by remedy or appeal against that judgments, and in the case of decisions given on the background after the annulment with detention, within 15 days from pronouncement.

The party whose request was omitted from the pronouncement does not have the option of choosing the way to remedy this procedural irregularity, in this sense being the provisions of art. 281^2aCiv Pr. C., according to which the completion of the decision cannot be requested...