Abstract

The commented thesis deserves to be approved only partially. The position of the court with respect to the application of intertemporal rules in the proceedings for issuing a cumulative judgment does not raise any reservations. In this respect, the view may only be approved, though should be more extensively substantiated than it was by the court. On the other hand, the entitlement to issue a cassatory judgment erroneously assumed by the court should be harshly criticized. The refusal to resolve the matter on its merits finds not only no statutory justification, but also is in conflict with the constitutional values by ignoring the provisions of Art. 7 and 45.1 of the Constituion.