17. Cerere de repunere în termenul de declarare a recursului, formulată la primul termen de judecată în recurs
17. Request for reinstatement of the deadline for filing the appeal, filed at the first hearing on the appeal

Summary/Abstract: The request for reinstatement within the time limit for the performance of a procedural act does not represent a request in itself, on which the court is required to rule distinctly, within the content of the operative part. It can be seen as a legal mechanism regarding the application or removal of the sanction of forfeiture, without an existence of its own that would give it the nature of an act of vesting of the court in the sense of the notion of „request”. Of course, taking the form of a procedural act, the invocation of the cause of reinstatement within the time limit must meet some requirements of form and content, both the special ones referred to in art. 186 of the Civil Procedure Code, and the common law ones, as pointed out by art. 148 of the Civil Procedure Code, without thereby acquiring a status of its own that would oblige the court to treat it as a distinct request.

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