5. Apelul. Încuviinţarea refacerii probei cu expertiză administrată la fond. Condiţii şi efecte
5. The appeal. Admission of remaking the expert evidence taken in the first instance. Conditions and effects

Summary/Abstract: According to the provisions of art. 292, thesis II of the civil procedure Code, the court of appeal admits and takes the evidence whose necessity results from the debates, and according to art. 295 par. (2) of the civil procedure Code, it may admit to the remaking or supplementing of the evidence taken by the first instance, as well as the taking of the new proof proposed under art. 292, if it considers it necessary for solving the case. The request by the appellant of admitting the expert evidence with the same objectives to which the technical construction expertise taken by the court of first instance answered is not a new evidence under art. 292 and art. 295 of the civil procedure Code, but a remaking of the expert evidence already produced before the court of first instance, and the assessment of its necessity for solving the case is the exclusive competence of the court of appeal, as one cannot claim that the right of defense was infringed by the reasoned dismissal thereof.

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