4. Ieşire din indiviziune. Renunţare la drept. Îndreptare eroare materială. Recurs
4. Leaving the division. Waiver of right. Material error correction. Appeal

Summary/Abstract: The object of the case is a request for judicial division. Before the appellate court, the appellant filed a request for waiver of the right alleged to the court, a request which the court took note of by pronouncing a solution of admitting the appeal, with the consequence of annulling the sentence of the first instance, respectively of rejecting the action on the merits. Subsequently, the party filed a request for correction of the material error requesting the court to find that the appellant had waived the trial, and not the right showing that such a manifestation of will would contravene disp. art. 1.143 C. civ. The Tribunal dismissed the application for correction of the material error as unfounded. The party filed a recourse reiterating the issues raised before the appellate court, to which it added that, in reality, at the last trial, the party stated that it was giving up the trial, and not the right, as was wrongly noted. The Court of Appeal dismissed the appeal as unfounded.

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