3. Recurs întemeiat pe dispoziţiile art. 304 pct. 7 C. pr. civ. Condiţii de admisibilitate
3. Second appeal based on the provisions of art. 304, pt. 7 of the civil procedure Code. Admissibility conditions

Summary/Abstract: The contradiction referred to by art. 304, pt. 7 of the civil procedure Code, when concerning only the considerations, must be such as to lead to the conclusion that the decision is basically groundless, and such situations occur when some of the considerations show the justification of the application, and other the groundlessness, or when the justified nature of two applications is ascertained simultaneously, although they would exclude each other. Thus, only the use by the court of appeal of the expression “not admissible”, after acknowledging in the first part of the considerations for the decision that an irrevocable judgment had already been delivered, ruling on the admissibility of the action, is not likely to outline the justification of the appellant’s claim concerning the existence of contradictory grounds, since the analysis of the challenged decision reveals that the devolutive control court has justified the merits of claims filed thoroughly and in compliance with the requirements for a fair trial.

• Details
• Contents