Revizuire întemeiată pe dispoziţiile art. 322 pct. 4 C. pr. civ. 1865. Condiţii şi efecte. Admiterea cererii cu încălcarea dispoziţiilor art. 327 alin. (1) C. pr. civ. 1865

Revision based on the provisions of art. 322 point 4 of the Code of civil procedure of 1865. Conditions and effects. Granting of the application in breach of the provisions of art. 327 paragraph (1) of the Civil Procedure Code of 1865

Abstract

A. When the court of appeal concluded that there was a criminal decision acknowledging the false nature of the statements of a witness, it could not be reasonably expected that the same court would have been substituted to a criminal court when it made assessments regarding the nature of its testimony, precisely because, the legislator, leaving within reach of the civil court the determination of the offence incidentally, ruled out the possibility of the court being substituted to the criminal court, but, instead it took into consideration the existence of certain legal...