CONSIDERAŢII GENERALE ASUPRA REGLEMENTĂRII CĂILOR DE ATAC ÎN LEGISLAŢIILE PROCESUAL-CIVILE DIN FRANŢA, ITALIA ŞI SPANIA
GENERAL CONSIDERATIONS ON THE REGULATION OF APPEALS IN THE PROCEDURAL AND CIVIL LEGISLATIONS FROM FRANCE, ITALY AND SPAIN

Summary/Abstract: This study aims at the regulation of appeals in the procedural and civil legislations from France, Italy and Spain. The author’s option for the investigation of the means of appeals in the hereinabove mentioned states was determined by the existence of certain similarities with the procedural regulations applicable in our country. The author acknowledges the existence of certain significant similarities between the civil procedural legislations in the hereinabove mentioned countries and which take shape in the method of regulation of the appeal, which shall be initiated against all sentences ruled in the court of first instance and especially the review, a remedy at law which is based on almost identical grounds in all codes aimed by the author. The existence of certain significant similarities also aims at the appeal in cassation, which is a procedural manner of law, not of fact inn all those three countries; the court of cassation shall in no case be the third degree of jurisdiction. At the same time, the study emphasizes certain specific regulations in the matter of appeals and which are not found in all those three legislations subject to analysis. This is the case of the Spanish second appeal for committing a “procedural crime”. The most important author’s finding refers to the identification of a reformation ad modernization tendency of appeals and which are intended to avoid the overcrowding of the supreme courts of law and of the courts of appeal. To this end, filter procedures of second appeals and even of appeals have been established in all three legislations. The author mentions as well, the existence of certain court orders of first and last instance and which, in relation to the value of the interest in the dispute, cannot be challenged by way of appeal. The examined solutions are deemed efficient and may represent a good cause for reflection also for the Romanian legislator. In fact, the entire analysis carried out by the author is based on the need for a more reasonable regulation of appeals also in Romania, in compliance with the outstanding procedural developments of the recent years.

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