16. Apel declarat după expirarea termenului legal. Cerere de calificare drept apel incident. Condiţiile în care poate opera calificarea
16. Appeal lodged after the expiration of the legal term. Request to convert into a cross appeal. Conditions regarding the conversion

Summary/Abstract: By means of a cross appeal, the defendant from the main appeal is entitled to use this means of challenge against the opposing party (i.e. the main appelant), after the expiration of the term for the main appeal, by forming his own written request, seeking the reforming of the first instance judgment. Therefore, the preexistence of the main appeal is the premise and also the sine qua non condition to lodge a cross appeal. The effects of the latter can only be achieved provided that the main appeal is eventually tried; such limitation is natural, since the defendant did not use his right to a main appeal.

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