NULITATEA HOTĂRÂRILOR JUDECĂTOREȘTI, O ALTĂ MANIERĂ DE ABORDARE A CAZURILOR DE NULITATE ÎN MATERIE. IMPLICAȚII ASUPRA REJUDECĂRII

For the appeal, which generates, in principle, a new judgment on the merits, given also the finality of exercising the appeal – the nullity of the judgment challenged – it is required another approach to the cases of nullity different than the traditional one in the matter of procedural acts. For the situation of referral of the case for retrial, it is required to argue that it is necessary to specify, in the judgment of referral, where appropriate, the part which is cancelled from the procedure followed by the court of first instance, respectively of the procedural act from which the retrial begins.