Soluţionarea acţiunii în baza excepţiei inadmisibilităţii, nepuse în discuţia părţilor Nulitate intrinsecă actului de procedură

Settlement of the action under the plea of inadmissibility, which is not called into question by parties. Nullity inherent to the procedural document

Abstract

In the event that several pleas have been relied on simultaneously, the court shall determine the order of settlement depending on the effects that they produce. The court is required, in any proceedings, to retable to parties all the invoked claims, pleas and circumstances in fact or in law, relying its decision only on factual and legal grounds, on explanations or means of evidence which were previously subjected to a contradictory debate.

Considering the fact that, on the hearing date, the court of first instance raised the plea of the authority of res judicata to be debated between parties, upholding the case to be settled as regards this plea, however, it conducted the examination of the plea of...