Reasons for the appeal for annulment according to the new romanian code of civil procedure

• Author: Andreea Tabacu/Ramona Duminica
• Position: Faculty of Law and Administrative Sciences University of Pitesti, Pitesti, Romania/Faculty of Law and Administrative Sciences University of Pitesti, Pitesti, Romania
• Pages: 161-165

AGORA International Journal of Juridical Sciences, www.juridicaljournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 1 (2014), pp. 161-165

161

REASONS FOR THE APPEAL FOR ANNULMENT ACCORDING TO

THE NEW ROMANIAN CODE OF CIVIL PROCEDURE

A. Tabacu, R. Duminic

Andreea Tabacu

Faculty of Law and Administrative Sciences

University of Pitesti, Pitesti, Romania

*Correspondence: Andreea Tabacu, 71 Bld. Republicii, Pitesti, Romania

E-mail: andreea.tabacu@upit.ro

Ramona Duminic

Faculty of Law and Administrative Sciences

University of Pitesti, Pitesti, Romania

*Correspondence: Ramona Duminica, 71 Bld. Republicii, Pitesti, Romania

E-mail: duminica.ramona@yahoo.com

Abstract:

With regards to the appeal for annulment, the New Romanian Code of Civil Procedure

maintains the possibilities of exercising this extraordinary measure of contest, as regulated in

the previ ous code. It adds, however, th e reason for such a measure which i s determined by

not respecting the rules in assembling the judicial panel. These are essential rules of judicial

activity and could have permanently affected the decisions of the appeal courts which could

not be contested in any other way.

Keywo rds: reasons, appeal for ann ulment in common law, special appeal for

annulment, New Romanian Code of Civil Procedure.

Introduction

Created in our legal system as a result of jurisprudence, the appeal for annulment was

initially accepted in applying the former provisions of article 735 from the Romanian Code of

Civil Procedure of 1865, which did not disting uish between the acts of procedu re and

judicial rulings1.

It was legally sanctioned by Law 18 from 19482, keeping its specific features as an

extraordinary remedy - used f or retraction, impossible to suspend and open to all parts of the

process which fit the hypothetical cases menti oned by the law - in all subsequent amended

forms.

Currently, the New Romanian Code of Civil Procedure reestabli shes the legal

hypothesis for exercising this form of appeal, wit hout suppressing any of th e previous ones,

on the cont rary it adds the reason determined by the not respecting the rules for assembling

the judicial panel.

1. Appeal for annulment in common law

1 Article 735 from the Romanian Code of civil procedure from 1865 stipulated that the act of pr ocedure was

nullified if drawn up by an incompetent magistrate or court civil servant, i fit were drawn up in violation of the

law, causing damages to the party which could not be mended any oth er way than by nullifying the document

through law - I. Deleanu, Tratat de procedur civil, vol. II, Noul Cod de procedur civil, “Universul Juridic”

Publishing House, Bucharest, 2013, p. 310.

2 I. Deleanu, Tratat de procedur civil, vol. II, Noul Cod de procedur civil, “Universul Juridic” Publishing

House, Bucharest, 2013, p. 310.