3. Sancţiunea pentru achitarea în parte a taxei de timbru pentru recurs şi revizuire
3. Sanction for partial payment of the court fee for appeals and reviews

Summary/Abstract: Free access to justice may be affected both by the amount of the court fee, where this is excessive in relation to the applicant’s means, and by the manner in which the legal provisions governing the fee imposed by law for the exercise of a remedy are interpreted and applied. In matters of appeal and review, case law proposes a solution of total annulment of the application for insufficient stamping, even where the amount paid covers part of the grounds. This study reviews the case law, sets out the divergent views expressed on this issue and analyses the relevant rules, seeking to propose the opposite solution, namely partial nullity of the appeal or review in the situation described.

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