ro fr
universul juridic magazin
Revista Română de Drept Privat

Considerations regarding the appeal in the new Code of civil procedure from the perspective of certain case law solutions and of certain doctrinary explanations

Appeal is, according to the new civil procedural regulation, the ordinary stage of appeal under which the parties may express any discontents regarding the judgment of the court of first instance. The New Code of civil procedure caught up a substantial part of the legislative solutions of the old regulation without changing them, it improved certain aspects which had raised questions in the matter (for instance, those related to the legal nature of the means of appeal) and expressly consecrated certain resolutions proposed by the case law (for instance, the possibility to challenge only the considerations) or even solutions which, under the old law, seemed to be unthinkable (omisso medio appeal). Both practice and doctrine had the opportunity to rule on the provisions regarding the appeal – which have to be permanently considered together with the general provisions regarding the means of appeal –, but the acceptance of the proposed explanations supposes a critical analysis both from the perspective of the emphasize on the arguments of the new legal rules, and also from the perspective of the acceptance of the traditional solutions.