3. Comunicarea actelor de procedură. Momentul de la care începe să curgă termenul de exercitare a căii de atac a apelului (şi recursului) în cazul în care, conform legii, acesta începe să curgă de la comunicarea hotărârii
3. Effective service of judicial documents. The moment when the period for the exercise of the means of appeal (and of the second appeal) begins where, according to law, it begins to lapse from the communication of the judgment

Summary/Abstract: The majority opinion: If the term of appeal was accepted from the communication of the judgment, although the appellant was aware of its existence and content on an earlier date, taking note of it in a different file, it would mean that the party should choose the time when lodging the mean of appeal, which is not acceptable. A conclusion contrary to that above would violate the principle of legal certainty, guaranteed by art. 6 para (1) of the european Convention on human rights, as the party actually having taken note of the contested judgment, but it failed to lodge the appeal within the statutory period for lack of diligence. The recognition of the party’s right to appeal against a judgment given five years ago and after about six months of the date on which it was established that it had become aware of the judgment would be contrary to the principle of legal certainty. The minority opinion: The cases of equivalence, respectively the cases where the period for the exercise of the mean of appeal begins to lapse at a different time than the communication of the judgment, the latter being replaced by an equivalent document, are those provided by para. (2) and (3) of art. 284 of the Code of civil procedure applicable only in appeal and second appeal, respectively the general term provided by art. 102 para. (2) of the Code of civil procedure. In the doctrine, they are unanimously regarded as restrictively provided by law, being interpreted strictly.

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