19. Cazul de revizuire prevăzut de art. 509 alin. (1) pct. 8 C. pr. civ. (există hotărâri definitive potrivnice, date de instanţe de acelaşi grad sau de grade diferite, care încalcă autoritatea de lucru judecat a primei hotărâri)
19. The revision case provided for by Art. 509 para. (1) p. 8 Civil Procedure Code (there are conflicting final judgments, given by courts of the same or different levels, which violate the res judicata authority of the first judgment)

Summary/Abstract: The period of one month provided for in Article 511 para. (1), point 8, which runs from the date on which the last judgment becomes final, is a legal, mandatory and absolute time limit, the breach of which entails the penalty of deprivation of the party's right to appeal, and the time from which it runs is the date on which the last judgment becomes final. The wording and reasoning of an application for revision do not directly depend on knowledge of the court's reasoning on which the judgment under appeal is based. The revision is directed against the enacting terms of the judgment. Even if, according to the current concept of the Civil Procedure Code, both the enacting terms of the judgment and the considerations on which it is based enjoy res judicata, as provided in Article 430 para. (2) of this normative act, the revision based on the ground of disregard of res judicata can only concern the decision rendered, since the effect of admitting the request for revision is, as stated above, the annulment of the last judgment, in its entirety, without analyzing any possible contradiction between the decisive considerations of the judgments in question. Demonstrating the existence of the ground for revision provided for in Article 509 para. (1), item 8 of the Civil Procedure Code does not necessarily require knowledge of the considerations developed by the court that rendered the last judgment, but only implies arguing the existence of the identity of the parties, subject matter and cause of the two lawsuits, which is possible even in the absence of the reasoning of the judgment whose revision is sought.

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