4. Recurs. Condiții de admisibilitate, din perspectiva principiului legalității căii de atac
4. Second appeal. Admissibility conditions in terms of the principle of legality of remedies

Summary/Abstract: The recognition of the exercise of a remedy in other situations than those provided by the procedural law shall represent a breach of the principle of their legality, as well as of the constitutional principle on equality before the law and the authorities and, for this reason, it is deemed to be an inadmissible solution in the order of law. Thus, in case the judgement under appeal is final as of its ruling, according to the provisions of art. 191 paragraph (4) of the Code of civil procedure, not being susceptible of being subject to second appeal, the principle of legality of the remedy shall be applicable, being consecrated by art. 457 of the Code of civil procedure and thus, the second appeal filed as such, shall be inadmissible.

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