Recalificarea căilor de atac şi erorile de repartizare aleatorie a cauzelor în procesul civil. Observaţii

drd. RADU-MIHAI NECULA*

* Doctorand al Şcolii doctorale de Drept din cadrul Academiei de Studii Economice, e-mail: rnecula2005@yahoo.com

Judecător-Tribunalul Bucureşti

ABSTRACT

The error of random distribution of a civil case refers, in the matter of means of appeal, unlike the scenarios in which it is necessary to qualify or requalify a means of appeal, only the situation where the will of the party exercising the means of appeal is disregarded, respectively it is not registered on the role of the court of judicial control and, subsequently, randomly distributed the means of appeal exercised by the party, but another means of appeal, due to a genuine error occurred at the time of the registration of the means of appeal or, as sometimes happens in the judicial practice, because at the time of the registration of the means of appeal it is assessed that the party did not exercise the...