Strămutarea unei cauze aflate pe rolul unei instanţe de control judiciar. Instanţa competentă să judece fondul după casarea cu trimitere

Displacement of judgement while in appeal. Competent court to judge in first instance after dissmisal

Abstract

The new Code of civil procedure clarifies the situation of the competent court to rule in a case in first instance after the superior court ordered a re-judgement, when displacement was ordered during appeal or recourse. In this way, the superior court vested by displacement will send the case for re-judgement to a court in its jurisdiction, and not to the court whose decision was abolished. Although, the new Code of civil procedure does not clarify the situation wherethe superior court had wrongfully send the case to the court which issued the abolished ruling, leaving this task for the judicial practice and doctrine.

The current work is set to bring light upon the above synthesized aspects, presenting possible equitable procedural solutions in...