The non-existence of the right of option between the procedure for completing the decision and the exercise of the extraordinary remedy

DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Abstract

According to art. 2811 alin. (1) Civ. Pr. C. , if by the given decision the court has failed to rule over a main or accessory point of the claim or on a related or incidental request, the judgment may be required to be completed within the same period within which it can be declared, as the case may be, by remedy or appeal against that judgments, and in the case of decisions given on the background after the annulment with detention, within 15 days from pronouncement. The party whose request was omitted from the pronouncement does not have the option of choosing the way to remedy this procedural irregularity, in this sense being the provisions of art. 2812a Civ Pr. C. , according to which the completion of the decision cannot be requested by remedy or appeal, but only under the conditions of art. 281-2812 Civ. Pr. C. The provisions of art. 2812a were introduced in the Civil Procedure Code through art. 1 point 25 of Law 202/2010, in force from 25 noiembrie 2010, being applicable to disputes started after this date, according to the principle of law which states that the provisions of the new procedural law apply to the trials started after its entry into force („tempus regit actum”)