18. Momentul de la care curge termenul de declarare a revizuirii împotriva hotărârii atacate cu o cale de atac inexistentă. Aplicarea dispoziţiilor art. 457 alin. (3) C. pr. civ.
18. The point in time from which the time limit for declaring a revision of a judgment appealed against by a non-existent appeal starts to run. Application of the provisions of art. 457 para. 3 of the Civil Procedure Code

Summary/Abstract: In Article 457 para. (3) Civil Procedure Code a procedural remedy has been recognized in favor of the party who shows a conduct in the sense indicated, in an erroneous manner in the content of a judgment, relying precisely on the appearance of legality of the mention indicated by the court. This procedural rule applies, therefore, in the case of an incorrect statement in the judgment under appeal and is enacted so that the party exercising an appeal is not prejudiced (by losing the right to appeal precisely because of the inaccurate statement in the judgment regarding the procedural means that he can exercise against it), which thus also has an effect on the correct determination of the time from which an extraordinary legal remedy, that is to say, an application for judicial review, may be exercised. Therefore, this legal benefit enables the party who has acted in the manner indicated by the court (in compliance with the inconsistent statement in the enacting terms of the judgment, relating to the appeal allegedly open to the party concerned) to continue to initiate the judicial review initially aimed at in relation to a specific judicial act, but this time, however, with the time reference point being the moment of communication of the judgment rejecting the incorrectly mentioned appeal as inadmissible.

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