3. Recurs promovat împotriva sentinţei pronunţate în regulatorul de competenţă. Săvârşirea unui abuz de drept. Consecinţe
3. Second appeal lodged against the judgment rendered in the judgment regulating the jurisdiction of the courts. Committing abuse of right. Consequences

Summary/Abstract: The purpose of the second appeal lodged against those judgments under which any conflicts of jurisdiction between the courts are settled, except those delivered by the High Court of Cassation and Justice, is to irrevocably establish the competent court to rule on a case, and the right to lodge this second appeal, even if it is acknowledged to parties, shall be exercised in good faith and according to the purpose for which it was recognized by law, according to art. 723 paragraph (1) of the Code of Civil Procedure. Lodging second appeal against the judgment rendered in the regulatory judgment after more than 4 years from its ruling and from its valid communication to one party shall represent an abuse of right – provided that the right conferred by law is directed to another purpose than the purpose for which it was acknowledged, requiring the application of the penalty for the dismissal of the appeal exercised as such, as being belated, as a consequence of the admission of the plea of lateness invoked by the respondent, as the most adequate penalty shall consists of the removal from the abusive deed, of the effects for the purpose of which it was performed.

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