APELUL ŞI RECURSUL INCIDENT FORMULATE ÎMPOTRIVA CONSIDERENTELOR HOTĂRÂRII JUDECĂTOREŞTI – CONSIDERAŢII LA CINCI ANI DE LA INTRAREA ÎN VIGOARE A CODULUI DE PROCEDURĂ CIVILĂ
THE CROSS-APPEAL AND THE CROSS FINAL APPEAL FILED AGAINST THE GROUNDS OF THE JUDGMENT. REFLECTIONS AFTER FIVE YEARS SINCE THE ENTRY INTO FORCE OF THE CODE OF CIVIL PROCEDURE

Summary/Abstract: The Former Code of civil procedure provided only the possibility of the parties to a litigation to file for a cross-appeal against the decisions issued by the first courts, whereas the right to file for a cross final appeal was not regulated. The possibility of the parties to appeal the grounds of a judgment was not provided either. The new legislative initiative – the New Code of civil procedure – to provide these procedural means was and still is welcomed, as it supports the protection of the interests and rights of the parties involved in a dispute. Nevertheless, more than five years after The New Code of civil procedure has gone into force, certain courts of law, which are probably still tributary to the former regulations, continue to dismiss these forms of appeal as inadmissible, ignoring the parties’ interest in obtaining a favorable decision in relation to grounds which could be later invoked by the opposing party, which would be subjected to the power of res judicata and interpreted in their disadvantage. In our opinion, the possibility to file for a cross-appeal and a cross final appeal against the grounds of a judgment should be recognized to the interested party in any case in which the necessary conditions are met, to this end being the legislator’s intention, in the context of the reconfiguration of the procedural norms with the occasion of the enforcement of the New Code.

• Details
• Contents