Nulitatea hotărârilor judecătoreşti, o altă manieră de abordare a cazurilor de nulitate în materie. Implicaţii asupra rejudecării

dr. EMILIAN-FLORIA POPESCU

Judecător - Judecătoria Lipova

ABSTRACT

For the appeal, which generates, in principle, a new judgment on the merits, given also the finality of exercising the appeal - the nullity of the judgment challenged - it is required another approach to the cases of nullity different than the traditional one in the matter of procedural acts. For the situation of referral of the case for retrial, it is required to argue that it is necessary to specify, in the judgment of referral, where appropriate, the part which is cancelled from the procedure followed by the court of first instance, respectively of the procedural act from which the retrial begins.

Keywords: appeal; differentiation between the cassation and cancellation of the judgment; vices of unlawfulness; cases of nullity; sending the case for retrial; limits of the retrial.

1. Consideraţii...