Appeal for annulment. The notion of a clerical error of fact which could have led to a different result by the second appeal court. Distinguishing clerical error from error of judgment.

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

An appeal for annulment is an extraordinary means of challenge which may be filed under limited conditions, i.e. only in the cases and under the conditions expressly regulated by law. Its special nature determines the need for a restrictive interpretation of the cases in which this means of challenge may be exercised and of the notions found in its content, among them in particular distinguishing that of "clerical error", provided for in the content of Article 503 paragraph (2) item 2 of the Civil Procedure Code.

Thus, the "clerical error" concerns those errors that are evident from the documents in the case file and are connected with the formal aspects of the trial. It differs essentially from an error of judgment in that the latter involves the logical-judicial reasoning carried out by the court following a deliberative approach to the interpretation of the elements of the case, i.e. the evidence or the relevant legal rules. Therefore, the 'clerical error' cannot concern the identification of the legal rule applicable to the case, even if, in the sequence of the legal framework which, from a temporal point of view, regulated the legal relationship at issue, the appellant claims the incidence of legal rules other than those considered by the court.