3. Second appeal based on the provisions of art. 304, item 7 of the civil procedure Code from 1865. Admissibility conditions Cover Image
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3. Recurs întemeiat pe dispoziţiile art. 304 pct. 7 C. pr. civ. 1865. Condiţii de admisibilitate
3. Second appeal based on the provisions of art. 304, item 7 of the civil procedure Code from 1865. Admissibility conditions

Author(s): Cosmin Horia Mihăianu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: reason‑giving in judicial decisions; judicial syllogism requirement; omission of essential arguments; lack of transparency in reasoning;

Summary/Abstract: The statement of reasons of a judgment is understood as a syllogism, capable of intelligibly explaining the judgment ruled, which does not mean an exhaustive reply to all the arguments brought by the party – nor yet their omission –, but a presentation of the basic arguments, of those which are susceptible of influencing the solution by their content. If the court did not acknowledge and did not remove the presentations of the parties and it neither explained the judicial reasoning adopted by it in a conclusive manner, the judgment thence delivered does not create any transparency over the judicial syllogism which has to explain and justify the operative part of the judgment and due to which the legal restrictions may be performed, so that the provisions of art. 304, item 7 of the civil procedure Code shall become incidental.

  • Issue Year: 2014
  • Issue No: 05
  • Page Range: 27-33
  • Page Count: 7
  • Language: Romanian
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