2. Revizuire. Pronunţarea unei hotărâri prin care s-a modificat hotărârea unei instanţe pe care s-a întemeiat hotărârea a cărei revizuire se cere. Limitele rejudecării în revizuire
2. Motion for revision. Ruling amending the judgment of a court underling the judgment requested to be subject to revision
Author(s): Mihaela Cristina MocanuSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: revision of judgments; clarification of underlying ruling; altered meaning of applicable provisions; impact on premises of the decision;
Summary/Abstract: Revision can also be ordered when clarifying the ruling underpinning the judgment requested to be subject to revision. This is due to the fact that, as the meaning and the scope of application related to the judgment underling the court’s solution became clear, a meaning other than the one considered by the court delivering the judgment subject to motion for revision was given to the provisions applicable. Although is not about a solution for change in the meaning of para. 2 of article 480 of the NCCP, the judgment undergoes changes in the meaning of the construing given by the court which has ruled the revisable solution. Basically, through clarification, the judgment takes on another meaning, not contemplated by the second court, radically changing the premises for ruling a judgment, and this makes the solution to run out of a basis.
Journal: Revista Română de Jurisprudenţă
- Issue Year: 2014
- Issue No: 04
- Page Range: 20-28
- Page Count: 9
- Language: Romanian
- Content File-PDF
