6. Revision based on the provisions of art. 322 item 4 of the Code of civil procedure 1865. Admissibility conditions Cover Image
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6. Revizuire întemeiată pe dispozițiile art. 322 pct. 4 C. pr. civ. 1865. Condiții de admisibilitate
6. Revision based on the provisions of art. 322 item 4 of the Code of civil procedure 1865. Admissibility conditions

Author(s): Mirela Polițeanu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: strict interpretation of revision grounds; conviction of judge/witness/expert; false documents in trial; inadmissibility for party’s own conviction;

Summary/Abstract: According to art. 322 item 4 of the Code of civil procedure, the revision of a judgement ruled by a review court, when evoking the merits, may be requested (...) if a judge, a witness or expert participating in the trial, was finally convicted for having committed a crime regarding the cause or if the judgement was ruled based upon a deed declared false during or as a result of the trial or if a magistrate was subject to disciplinary sanctions for carrying out his/her duties in bad faith or with gross negligence in the respective cause. The conditions of art. 322 item 4 of the Code of civil procedure are not met in case of the conviction for having committed a crime regarding the cause of the claimant appellant, since the legal provisions have to be strictly interpreted and thus, the revision of the judgement is admissible only in case of the conviction of a judge, witness or expert.

  • Issue Year: 2014
  • Issue No: 06
  • Page Range: 35-39
  • Page Count: 5
  • Language: Romanian
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