Soluţia Înaltei Curţi de Casaţie şi Justiţie asupra interpretării şi aplicăriidispoziţiilor art. 478 alin. (4) din Codul de procedură civilă
Solution of the High Court of Cassation and Justice on Interpretation and application of the provisions of art. 478 para. (4) Code of Civil Procedure

Summary/Abstract: The article analyses the decision of the supreme court given in the interpretation and application of the provisions of art. 478 para. (4) Code of Civil Procedure. According to this court, the parties may clarify the claims that were implicitly included in the requirements or defences addressed to the first instance. The High Court of Cassation and Justice, the panel to unravelling some law issues, allowed the complaint brought by the Vâlcea Court, Civil Division I, in order to pronounce a preliminary ruling and ordered by Decision no. 28/2015 that the interpretation and application of the provisions of art. 478 para. (4) of the Code of Civil Procedure, the explicitness of implicit claims in the appeal does not mean the change of the procedural framework in terms of judgment and exemptions from para. (1) and (3) of the same article, but involves the correct elucidation of the limits of judgment at the first instance. We criticized the solution of the Supreme Court to allow the requirement, as the provision of art. 478 para. (4) Code of Civil Procedure is not an issue of law that can be interpreted differently, as it is clear and unequivocal. We felt that the proper solution would have been to reject the complaint as inadmissible.

• Details
• Contents