Paradigma taxonomică a hotărârii judecătoreşti. Principii şi particularităţi din perspectiva unor categorii speciale de hotărâri judecătoreşti
The taxonomic paradigm of judicial decisions. Principles and particularities from the perspective of certain special categories of judicial decisions

Summary/Abstract: This study highlights the taxonomic paradigm of judicial decisions by presenting judicial decisions with a grace period, which ensure the prevalence of the equitable nature of the grace period, but also reveal the legitimacy of the de lege ferenda proposal, in the sense of establishing the maximum duration of the grace period in the current Romanian Civil Procedure Code, with a normative reference to Article 1244, paragraph 2 of the French Civil Code, which regulates the enforcement of obligations arising from a contract or other legal act, establishing a rule regarding the deadlines for the performance of these obligations. Judicial decisions rendered based on the recognition of claims, with the normative revival of Article 436 of the Civil Procedure Code, are not endowed with res judicata authority, as their pronouncement results from an act of disposition by the defendant, reflected in the judicial decision, asserting their enforceable character by law, in accordance with Article 488, paragraph 1, item 9 of the Civil Procedure Code. Similarly, decisions that approve the agreement of the litigating parties (interim decisions) represent only procedural garments that the parties' agreement takes on, undeniable authentic records without res judicata authority.

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