Principiul tantum devolutum quantum iudicatum: perspective teoretice şi implicaţii practice în procedura apelului
The Tantum Devolutum Quantum Iudicatum Principle: Theoretical Perspectives and Practical Implications in the Appeal Proceedings

Summary/Abstract: Although the appeal is a remedy that grants the parties the possibility of a retrial on the merits of the case and thus gives effect to the double degree of jurisdiction principle, its nature as a remedy of reformation inevitably also confines it to the function of reviewing the legality and merits of the first instance judgment, and this dual purpose gives rise to the tantum devolutum quantum iudicatum principle, whose purpose is to establish certain limits within which the appellate court can exercise its prerogatives. Considering the importance of a proper understanding of the scope of this principle in practice, the present article aims to undertake a study of its main theoretical and practical coordinates, taking into account the evolution of doctrinal and case law interpretations, while also offering, where the approach has proven inconsistent or the regulation unclear, certain nuances and distinctions necessary for a better understanding of its application.

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