„ERORILE MATERIALE” – TEMEI AL CONTESTAȚIEI ÎN ANULARE ÎN REGLEMENTAREA NOULUI COD DE PROCEDURĂ CIVILĂ

This study is devoted to a particular analysis of the reason for contestation for annulment provided by Article 503 (2) point 2 of the Civil Procedure Code, text which allows the cancellation of a judgment when it is found that „the solution given to the recourse” is the result of a „material error”. The author argues that the mentioned text does not allow a broad interpretation, namely in the sense that the material errors could lead to the cancellation of a judgment for mistakes that concern the merits of the case. The current regulation does not provide sufficient arguments for a different approach than the one promoted under the influence of the previous Civil Procedure Code, and this despite the fact that Article 318 (1) of this Code was using the phrase „material mistake”, and not that of „material error”. In the author’s view the whole physiognomy of the contestation for annulment is materialised in the fact that this extraordinary legal remedy was made available to the parties only for the removal of some procedural errors, and not of those on the merits as well. In order to remedy some misjudgments it is open the means of appeal, and, in some cases, of the revision as well. However the contrary opinion has the merit to emphasize that there are practical situations in which the current procedural remedies could be considered as insufficient. Therefore, some future legislative approaches might also consider some reassessments concerning the regulation of the legal remedies.