6. Appeal for annulment according to the provisions of art. 318 the second sentence of the Code of civil procedure, The Interpretation of the concept “error of omission” Cover Image
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6. Contestaţie în anulare întemeiată pe dispoziţiile art. 318 teza a II-a C. pr. civ. Interpretarea noţiunii de „omisiune din greşeală”
6. Appeal for annulment according to the provisions of art. 318 the second sentence of the Code of civil procedure, The Interpretation of the concept “error of omission”

Author(s): Eugenia Voichici
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: error of omission in appeal review; exclusion of arts. 3 and 5; a contrario interpretation;

Summary/Abstract: One cannot discuss about an error “of omission” of investigating a ground of appeal, for the purpose of art. 318 the second sentence of the Code of civil procedure, in case the court of appeal upheld the enforceability of the provisions of art. 23 of the Regulation (EC) 44/2001, considering that, under these circumstances, the separate examination of the scope of art. 3 and art. 5 of the same regulation is needless, as the enforcement of these last legal provisions is removed according to the argument a contrario.

  • Issue Year: 2014
  • Issue No: 02
  • Page Range: 54-57
  • Page Count: 4
  • Language: Romanian
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