The judge's role in finding the truth. Examination of all the arguments supporting the application for annulment of the act

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

Art. 22 para. (6) of the Civil Procedure Code obliges the court to rule on what has been requested, without going beyond the limits of the jurisdiction, except in cases where the law provides otherwise, but the text does not concern the arguments or allegations in the grounds of the claim, but its object, namely, in this case, the annulment of the contested act.

The appellant submits that the court did not respond to its arguments concerning the defendant's acknowledgement of receipt of the documents, that is to say, the application of Article 6 point 8 para. (5) of Order No 2654/2020, on the basis of which the claim for annulment of letter No 26 January 2021 and address No 26 January 2021 is based, without, however, being the subject-matter of the Court's inquiry. The court can essentially retain the arguments for reaching the decision in the operative part, in this case finding that the court has regard to the provisions relied on by the plaintiff, the decision being rendered on the basis that there was no proof of communication of electronically signed documents.