Minute contradictorii. Necercetarea fondului

Contradictory minutes of proceedings. Non-examination of the merits

As compared to the provisions of art. 258 para. 1 of the Code of Civil Procedure, the minutes of proceedings has to be deemed as the true judgment rendered by the court, as it indicates the ruling conclusion, and it is illegal that, following the rendering of the respective judgment, the judge should refer again to his opinion, according to para. 3 of the same legal regulation. Regulation of art. 258 para. 3 of the Code of Civil Procedure represents an essential component of the concept of justice, of the provision of the authority of res judicata and of defending the parties’ procedural rights, as a fundamental part of the state subject to the rule of law.

The existence of two contradictory minutes of proceedings in the file on the merits deprives the parties of the fundamental right to defense, but also of the right to an equitable lawsuit, according to art. 6 para 1 of the...