Trimiterea cauzei spre rejudecare. Compatibilitatea cu procedura somaţiei de plată

Judecător dr. Emilian-Floria Popescu^*

* Judecător la Judecătoria Lipova; e-mail: emilian_floria@yahoo.com.

Remanding the case for retrial. Compatibility with the procedure of the demand for payment

Abstract

The rules regulating the remanding of the case for retrial and the retrial in the procedure of the demand for payment have the nature of some special rules, differed from the statutory law, establishing exceptions in the matter of functional material jurisdiction. The solution of remanding the case for retrial under the judgment ruled on the request for annulment has no legal basis in the absence of a legal rule establishing it in the situation and in the procedure of the demand for payment.

De lege lata, the judgment ruled on the request for annulment under which it is ordered the remanding of the case for retrial is affected by nullity.

Keywords: demand for payment; request for annulment; remanding the...