Procedural incidents: relinquishing the legal action
in the appeal proceedings or in the extraordinary legal remedies
Procedural incidents: relinquishing the legal action
in the appeal proceedings or in the extraordinary legal remedies
Author(s): Andreea Stoican Subject(s): Law, Constitution, Jurisprudence
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: relinquishing legal action; disposition act; quashing; legal expenses; consent;
Summary/Abstract: The principle of law of the availability implicitly includes the possibility granted by the lawmaker to the parties to perform proceeding disposition acts. As regards relinquishing the legal action, the Civil Procedural Code applicable to date included, in art. 406, para. 5, an apparently irrelevant amendment; however, the jurisprudence shows this cannot go ignored, as the premises of party damage proved to be present. Therefore, this paper aims at sounding the alarm on the potential consequences of annulling previous Court Orders in case of relinquishing the legal actions during the appeal proceedings or in the extraordinary legal remedies, which, as proven by the jurisprudence in Court, may lead to important losses for the Party that is not at fault.
Journal: Tribuna Juridică
- Issue Year: 7/2017
- Issue No: 14
- Page Range: 70-76
- Page Count: 7
- Language: English