Revenirea asupra unei probe încuviinţate. Motiv de nelegalitate. Neîncălcare a dreptului la un proces echitabil

Going back on the agreed evidence. Ground of illegality. Non-breach of the right to a fair trial

Abstract

The manner in which the court of appeal dismissed the evidence based on the requested forensic examination represents a ground of illegality of the decision under appeal, which requires that the second appeal should be examined on the merits, according to art. 304 point 5, in relation to art. 105 paragraph 2 sentence I of the Code of civil procedure of 1865 and to art. 201-214 of the Code of civil procedure of 1865.

It cannot uphold the fact that the court of appeal, when going back on the agreed evidence, committed any irregularity which might lead to the nullity of the judicial document and of the subsequent documents, respectively of the decision rendered in this case, as long as the settlement was based on the combined appreciation of all evidence produced.

It cannot be...