Autor: Raul Alexandru NESTOR
Publicat în: 2021, JURIDICE.ro
Disponibil online: aici.
Rezumat: Respect for the principle of res judicata requires the legislator to regulate in detail and extremely restrictive in matters of extraordinary remedies. The admission of an extraordinary remedy implies the removal of the power of res judicata, the consequences being extremely wide in the case of the abolition of a final solution. The regulation of the admissibility procedure in principle of the annulment appeal is the consequence of the prevalence of the res judicata authority, the court being able to examine only the cases provided by law and invoked in support of the request, as well as the evidence submitted or invoked in the file. The request in principle for supplementing the evidentiary material or for invoking an exception which would be judged by another court cannot be accepted. Illegal settlement of an extraordinary appeal would lead to unfair consequences, leading to the transformation of the extraordinary appeal into a disguised appeal. If a forgery of a document is alleged, an incidental forgery cannot be investigated in an annulment appeal.
Cuvinte-cheie: autoritate de lucru judecat; căi extraordinare de atac; contestația în anulare; sarcina probei; admitere în principiu.
