ro fr
universul juridic magazin

Considerations regarding the legal regime applicable to the application for appeal under the new Civil Procedure Code

The New Code of Civil Procedure, in force from the 15th of February 2013 establishes a different appeal procedure against decisions pronounced by Courts of first instance. The study focuses on the main aspects of novelty of the legal provisions, having in view the former stipulations of the 1865 Code of civil procedure and the provisions of the French and Belgian Codes of Civil Procedure, which inspired the Romanian legislator. The study tries to raise questions regarding possible difficulties in the application of the new procedural rules. The jurisprudence of French Courts in application of the French legal provisions, which might be helpful for the legal interpretation of the Romanian Code, is envisaged with caution, due to subtle differences in the legislation.