I. JURISPRUDENTA 1. Admisibilitatea/inadmisibilitatea apelului îndreptat împotriva unei hotărâri în care s-a analizat excepţia nulităţii unui act juridic. Apel incident. Invocarea nulităţii unui act juridic pe cale de excepţie
I. JURISPRUDENCE 1. Admissibility/inadmissibility of the appeal brought against a decision, which examined the plea of nullity of a legal act. Collateral appeal. Invoking nullity of a legal act by way of a plea

Summary/Abstract: The admissibility or inadmissibility of the appeal lodged against a decision ruled in the court of first instance cannot be established depending on the existence or non-existence of the risk of delivering certain contradictory judgments. This issue shall be solved with respect to the rules of procedure applicable in this case, respectively the provisions of art. 282 and art. 2821 of the former Code of civil procedure. According to these pieces of legislation, an appeal may be lodged against the decision ruled by the court of first instance in the settlement of the civil action having as object the eviction for lack of the leasehold title, this being the remedy provided by law in this case. In order to invoke in a relevant way, in the second appeal, the fact that the court of appeal failed to rule on the counter-claim formulated by the defendants, whose object is to order the claimant to pay the amount representing the increment value for the estate and the establishment of a lien, first, the defendants were obliged to vest the court of appeal with power to this end, by lodging a collateral appeal under the conditions of art. 293 paragraph (1) of the Code of civil procedure, which has not been done. As the defendant has the right to lodge a counter-claim under which it should request the absolute or relative nullity of the civil legal act on which the claimant rests its claims, and in principle, the claimant has the right to lodge a distinct petition, under which it may request the nullity/annulment of the legal instrument which the defendants make use of in their defense, however different from that invoked in the writ of summons. The choice of this remedy or of invoking the absolute/relative nullity, by way of a plea (defense on the merits), belongs to the concerned party, depending on the effects it aims at and it should be taken into consideration as well, the fact that the amendment of the writ of summons cannot be made at any procedural time, as there are limits established to this end in the Code of civil procedure.

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