Pronunţarea hotărârii în contradictoriu cu o parte decedată, lipsită deci de capacitate procesuală de folosinţă. Invocarea nulităţii hotărârii în calea de atac. Persoana interesată să invoce nulitatea. Soluţie

Abstract

Judgment being delivered against a deceased party, so free of the legal capacity of use. Invoking the nullity of the judgment in the legal remedy. The person interested in invoking nullity. Solution

MAJORITY OPINION

The nullity set forth by art. 105 para. 2 of the Code of Civil Procedure, depends on the existence of an injury, or the claimant-appellant was not injured in any way by his sister’s death, being able to discuss about an injury at most in the case of heirs, if the deceased had not had any lawyer to defend her. However, the heirs summoned in the appeal did not understand in any way to lodge a reply brief and invoke any other injury.

MINORITY OPINION

The lack of procedural capacity, of use or of exercise, gives rise to the nullity of the procedural action, the...