Objection for annulment in civil matters. Absolute lack of jurisdiction or violation of the rules regarding the composition of the court

DEZBATERI

Authors

  • Mihaela Ganea Author

Abstract

Although the jurisprudence in the field of means of withdrawal is most often a repetitive approach in the repertoire of objections of illegality, placed rather in the classic reference of material error, the objection for annulment proves its use beyond suspicion when the  irregularities translate into violations of court organizational rules and fundamental principles of civil proceedings. 
The legal composition of the court or the absolute lack of jurisdiction involves an exhaustive approach to the rules that ensure their correct interpretation, but without  exceeding the purpose for which the legislator regulated this means of withdrawal. 


Keywords: composition of the court; absolute lack of jurisdiction; objection for annulment 

Published

2024-01-17