Hotărârea suplimentară în procedurile civile contencioase
Supplementary judgment in contentious civil proceedings

Summary/Abstract: The court decision, although it is the fundamental instrument at the disposal of the litigant, designed to guarantee him the rights violated and the interests harmed, does not always provide him with a correct and full answer at the ends of the claim submitted. However, the errors committed by the court can be removed in various ways, some of them being more serious – in order of appeals, others, which do not concern the merits of the case, can be removed by the court itself that issued the lacunar decision. The latter is the subject of debate on this article, the question of non-compliance with one of the fundamental requirements of the judgment, namely the completeness of the judgment, or the solution in this case being, as the legislator provides in Article 250 of the Code of Civil Procedure, the request for a supplementary decision. As a result of the analysis of this institution, we identified the requirements submitted to a court decision, the effects of issuing a decision that does not meet the condition of completeness, the peculiarities of the procedure for issuing the supplementary decision and the gaps found in the judicial practice, the grounds that form the basis of this decision, as well as some possible solutions for the deficiencies detected.

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