Contradiction between the recitals and the enacting terms of the judgment. The effect of the ground for annulment provided for in Article 488(1), para. 6 pf the Civil Procedure Code

DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Abstract

According to Article 488(6) of the Civil Procedure Code, the judgment is reversible if there is a contradiction between the recitals and the enacting terms, in the sense that the grounds of the judgment lead to a certain solution, but in the enacting terms the court pronounced a contrary solution.

Although in the grounds of appeal the Court of Appeal reasoned that the appeal was admissible, stating explicitly that the conditions for the existence of simulation through the interposition of persons, which would have led to the decision to admit the appeal, were not met, the enacting terms of the judgment contains the opposite solution, that of dismissing the appeal. Moreover, although the court dismissed the appeal brought by the intervener SC B. SRL, contrary to the provisions of Article 453 of the Civil Procedure Code, it orders the respondent A. to pay the costs incurred by the appellant.