Limitele controlului judecătoresc în procedura necontencioasă judiciară

dr. ROXANA TRUŢA

Asist. univ. - Facultatea de Economie şi Drept, Universitatea de Medicină, Farmacie, Ştiinţe şi Tehnologie "George Emil Palade" din Târgu-Mureş

dr. CLAUDIA ROŞU

Prof. univ. - Facultatea de Drept, Universitatea de Vest din Timişoara

ABSTRACT

In the article the authors analyze the limits within which the control of the courts is exercised in the procedure of claims that are settled in the non-contentious judicial procedure. The supreme court was seised to rule on an appeal in the interests of the law and to determine between the two opinions in the judicial practice which is the correct and legal one.

In a first guideline it was established that the court vested with an uncontentious application for the registration of a legal act in a public register exercises only the control of the formal/extrinsic legality of the legal act for which registration is sought; more precisely, the court only verifies the...