7. Probleme şi perspective privind promovarea căii de atac a revizuirii în procesul civil pe motivul desfiinţării unui înscris ca fals
7. Issues and Perspectives Regarding the Exercise of the Remedy of Revision in Civil Proceedings on the Ground of Annulment of a Document as Forged

Summary/Abstract: At first glance, the matter appears straightforward: if a document on the basis of which a final court judgment was delivered is annulled as a forgery, there must exist the possibility for that judgment to be modified, since it becomes unfounded. However, such modification should not be allowed at any time, as this would excessively undermine legal certainty within civil transactions and the social relations developed under the assumption that the judgment was well founded. Precisely for this reason, civil procedural law provides both the possibility to challenge such judgment by way of revision, and maximum time limits for filing the request for revision in such cases. Nevertheless, a correlated analysis of the civil and criminal procedural provisions regarding the annulment of documents reveals that things are far from simple: not only are there controversies surrounding the possibility of ordering the annulment of a document even where offences other than forgery are committed, but moreover, annulment may occur years after the document entered civil circulation and produced legal effects, as did the judgment based upon it. This raises interpretative issues with respect to reconciling the criminal procedural rules with the maximum time limits established by civil procedural law.

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