Review. Contradiction of judgments. Invoking the non-observance of the positive effect of res judicata. Action promoted before the amendment of the Code of Civil Procedure by Law no. 310/2018. Enforcement of the law into force upon initiation of the le

DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Abstract

According to the provisions of Article 24 of the Code of Civil Procedure, the provisions of the new procedural law shall only apply to trials and enforcement proceedings initiated after the enforcement hereof. Thus, if the legal proceedings were initiated before the effective date of the Law no. 310/2018, the provisions of Article 513 para. 4 of the Code of Civil Procedure, in the form initiated by the hereinabove mentioned normative act – aiming at the applicability of the ground for review provided for under Article 509 item 8 of the code and in the case in which the authority of res judicata is relied on in a positive sense -, they cannot be taken into account in the resolution of the application for review, as the provisions of the same legal text are applicable, in its form prior to the entry into force of Law no. 310/2018, which did not provide for the possibility for the court orders delivered by disregarding the positive effect of res judicata to be subject to the review, limiting the possibilities of the case settlement by the court to the order of annulment of the last court order.