Semnificaţia juridică a conceptelor de eroare materială şi eroare de judecată în lumina doctrinei şi jurisprudenţei

Prof. univ. dr. MIRCEA N. COSTIN*

* e-mail: mncostin@yahoo.com

Avocat - Baroul Cluj,

Arbitru la Curtea de Arbitraj Comercial de pe lângă Camera de Comerţ şi Industrie Cluj

ABSTRACT

The concept of material error is evoked in two texts of the Civil Procedure Code, respectively in Article 442 and in Article 503 (2) point 2.

For the purposes of Article 442 of the Civil Procedure Code, according to the opinion unanimously accepted by the doctrine and by the case law, material error is the mistake slipped in the contents of the judgment, at the time of drafting, which does not affect the foundation or the legality of the solution pronounced by the court.

The correction of such material errors is made according to a special procedure regulated by law, which has as its finality the correction of such errors slipped, at the time of drafting, within the minutes, the preambles, the...