Spre o perspectivă inedită asupra soluţiilor aflate la dispoziţia instanţei de judecată - respingerea acţiunii atât pe excepţie, cât şi pe fond?

Dr. Dumitru-Daniel ŞERBAN

Motto: "Opiniile sunt libere, dar nu şi obligatorii."

ABSTRACT

The prevailing ideology of the rules of procedure according to which the court will first rule on the exceptions that make the investigation of the merits of the case unnecessary is that, once the incidence of the exception has been pronounced, the court is stopped from expressing its opinion on the merits of the case, both in the operative part and in the recitals.

Through the present study, I sought to highlight that the rules in question do not exclude a flexible interpretation, which would allow the court, assuming that it has all the factual and legal elements for this purpose, to also draw a conclusion on the merits of the case, in the recitals of the judgment rejecting the exception. This interpretation should not, from the outset, be considered...