Requalification of the means of appeal and errors in the random distribution of cases in the civil trial. Observations Cover Image
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Recalificarea căilor de atac și erorile de repartizare aleatorie a cauzelor în procesul civil. Observații
Requalification of the means of appeal and errors in the random distribution of cases in the civil trial. Observations

Author(s): Radu-Mihai Necula
Subject(s): Civil Law
Published by: Uniunea Juriștilor din România
Keywords: qualification of a means of appeal; requalification of a means of appeal; error of random distribution of a cause; random distribution;

Summary/Abstract: The error of random distribution of a civil case refers, in the matter of means of appeal, unlike the scenarios in which it is necessary to qualify or requalify a means of appeal, only the situation where the will of the party exercising the means of appeal is disregarded, respectively it is not registered on the role of the court of judicial control and, subsequently, randomly distributed the means of appeal exercised by the party, but another means of appeal, due to a genuine error occurred at the time of the registration of the means of appeal or, as sometimes happens in the judicial practice, because at the time of the registration of the means of appeal it is assessed that the party did not exercise the means of appeal provided by law, thus proceeding to the registration of the means of appeal provided by law, which should have been exercised by the party, and not of the means of appeal that was actually exercised.

  • Issue Year: 2022
  • Issue No: 10
  • Page Range: 57-67
  • Page Count: 11
  • Language: Romanian