II. DEZBATERI RRDJ 1. Hotărârea instanței de fond și căile de atac împotriva acesteia în sistemul noului Cod de procedură civilă (I)
II. RRDJ DELIBERATIONS 1. Judgment of the court of first instance and the means of appeal brought against it in the system of the new Code of civil procedure (I)

Summary/Abstract: The introductory part of the study deals with the object of the means of appeal for the first time after the effective date of the new Code of civil procedure, and all the court orders are described in an exhaustive enumeration, including any separate challengeable decisions delivered in the court of first instance, which cannot represent the subject matter of the appeal, either as they are only subject to second appeal or to other special means of appeal, or because they are ruled in the court of first instance and in the court of last resort. Thus, all the exceptions from the rule according to which all court orders delivered in the court of first instance are subject to appeal, are reflected there, being regulated both under the new Code of civil procedure, and according to the procedural and civil provisions which may be found in various special laws, as regards 38 categories of court orders and 25 categories of preliminary decisions or not, which are not subject to appeal, as compared to those 43 categories of court orders which are subject only to appeal and 22 categories of court orders which may be separately challenged by means of appeal. It is interesting that now as well, there are 3 categories of documents issued by the authorities outside the system of the courts of law which are subject to appeal. Following this quasi-empirical approach, the second part concludes that art. 129 of the Constitution, as long as it deals with the right of parties (and of the Public Ministry) of exercising the means of appeal against any court orders, guarantees the right to lodge some means of appeal against a court order settling the merits of the case in the civil matter, starting from two decisions of the Constitutional Court of Romania, respectively the Decision no. 500 of 15 May 2012 and Decision no. 967 of 20 November 2012.

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