3. Revizuire. Înscris fals. Hotărâre de constatare a nulităţii absolute. Neîndeplinirea condiţiilor impuse de art. 322 pct. 4 C. pr. civ. 1865
3. Review. False deed. Claim for finding the absolute nullity. Failure to comply with the conditions imposed by art. 322 item 4 of the Code of civil procedure of 1865

Summary/Abstract: According to the doctrine and practice of the courts, the false deed declared during or after the judgment, for the purpose of the quoted text, must be understood not only as a deed upheld as being false at the same time with the establishment of an offense, but also the deed whose content does not reflect reality, even when no offense was committed through the operation of altering reality. The claimant in revision stands on a court order under which the partial absolute nullity of the ownership title was found. Regarding this area of land, the claim of the ownership had been previously admitted, under the decision whose review was requested. The partial abolition of the ownership title submitted by the plaintiff in the claim on the ground of absolute nullity considered upon rendering the above-mentioned civil judgment, is not classified within the ground of review set forth by art. 322 item 4 of the Code of civil procedure of 1865, as the respective deed has not been declared false during or after the judgment, and finding the unreality of a deed implies that it was altered by a forgery operation of a signature or of certain important data to resolve the dispute in which the decision which required revision had been given.

• Details
• Contents