FINALITATEA ȘI SEMNIFICAȚIA ACTUALĂ A CONTESTAȚIEI ÎN ANULARE REGLEMENTATE ÎN CODUL DE PROCEDURĂ CIVILĂ

The purpose of the author’s approach is to determine the real meaning of the contestation for annulment in relation to the other means of appeal regulated in the new Civil Procedure Code. In this respect, the author considers, in full agreement with the current case law and doctrine, that in the processual system in force the contestation for annulment has as a fundamental objective the correction of some procedural mistakes, and not of some substantive errors. In this study additional arguments are presented in favour of the thesis according to which the contestation for annulment regulated by Article 503 (2) point 2 of the new Civil Procedure Code can not have the meaning of envisaging the substantive mistakes, whereas such an approach does not have any support in the provisions of the legislation in force. The author expresses reservations also with regard to the establishment of an extraordinary means of appeal, of the sort of the former extraordinary recourse, which would make possible to remedy some substantive mistakes. In this respect, the author has noted that the trend of modern times is not one that would lead to the multiplication of the means of appeal, as it happened in our country in the last three decades, but to their rationalization and achievement of efficiency. However, an establishment of a new means of appeal could only be discussed in the context of a substantial reform of our judicial system.