Hearing of the appeal based on exception. Exclusion of set-aside

The High Court of Cassation and Justice has ruled that the analysis of art. 318 thesis II Code of Civil Procedure (art. 503 par. 1 pt 3 NCPC) on the appeal for annulment, are applicable “if the court rejects all or part upheld on substantive grounds, omitting analysis of grounds of appeal which have allowed admission in its entirety, and not when the appeal is based on an exception, even if it goes to the motivation provided appeal because it involves reconsidering and re exception, which exceed the set-aside, which is a wonderful way of withdrawal, limiting the grounds provided by law. “Therefore, the High Court held that the path can not appeal for annulment, based on art. 318 thesis II Civil Procedure Code, against a decision to which nullity was applied to the appeal provided for by art. 302¹ par. (1). c) Civil Procedure Code (art. 486 par.(1) d) NCPC), to invoke lack of analysis of the grounds for appeal. (Decision no. 1525 of April 9, 2013 issued by the Civil Section II of the High Court of Cassation and Justice covering extraordinary appeal)

:: The source: JURIDICE.ro

Dan Alexandru NEGRU

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