An action for annulment based on the provisions of Article 503 para. 2 of the Code of Civil Procedure

DEZBATERI

Abstract

Extraordinary appeals may be lodged in the cases strictly and restrictively provided for by law. As regards the appeal for annulment, in accordance with Art. 503 para. 2, para. 2, of Art. para. 3 of the Civil Procedure Code, the decisions of the courts of appeal or of the courts of appeal, which according to the law cannot be appealed against, may be appealed against with an annulment appeal, when the decision given to the appeal or appeal, as the case may be, is the result of a material error.

A clerical error, as a basis for an appeal for annulment, means any manifest clerical error in relation to formal aspects of the appeal or appeal proceedings, as the case may be, such as dismissing the appeal as untimely or dismissing the appeal as insufficiently filed or made by a person without standing, although there is evidence in the record that it was filed in time, was properly filed or was made by a person entitled to file it, without verification of these situations involving re-examination of the merits or re-examination of the evidence.

Thus, material error means obvious material errors in relation to formal aspects of the appeal or appeal, as the case may be, i.e. errors of a procedural nature, consisting in the confusion of elements or material data in the file, not errors of judgment, and an extensive interpretation of Article 503 para. 2(2) of the Code of Civil Procedure, an interpretation which, moreover, is essentially prohibited in the field of extraordinary appeals.

Keywords: Appeal for annulment, clerical error, error of assessment, confusion of the evidence in the file, restrictive interpretation, withdrawal of the judgment