Closing arguments and adjournment not signed by the judges before whom the arguments took place, but by the presiding judge of the court. Nullity of the court order

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The statements made in the closing arguments and the adjournment of the case are a guarantee of compliance with Article 395(2) of the Civil Procedure Code, which provide that „only members of the panel before which the proceedings were held shall take part in the deliberations”.

The existence of the signature of the members of the court on the hearing minutes is an intrinsic condition of the act of civil procedure, the failure to comply with which entails its unconditional absolute nullity based on Article 176, paragraph 4 of the Civil Procedure Code. and subject to the ground for annulment laid down in Article 488(1), para. 2 of the Civil Procedure Code.

The absolute nullity of the hearing minutes and of the postponement of the judgment also extends its effects to the interim decision handed down by the court and, by implication, to the decision which has been handed down as a result of the retrial after the case has been set aside with a stay of proceedings.