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HCCJ. Disregard of devolution limits

The High Court of Cassation and Justice ruled that, by debating aspects that exceed the limits of the appeal in the jurisdictional scrutiny of the lawsuit, directly in the reasons, the appellate court disregarded the rules of devolution (tantum devolutum quantum apellatum), i.e. the provisions of art. 295 of the Code of civil procedure (art. 478 and art. 479 of the New Code of civil procedure), as well as the principle audi alteram partem (the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them). Moreover, the court also overlooked the plaintiff’s right to a defense, since she could not express her position in regard with the reasoning of the court, which did not entirely answer the questions raised in the appeal. The High Court mentioned that, in spite of examining the legal issue, the appellate court is one of judicial control. Therefore, it can only judge the questions that tend to demonstrate the unlawful character of the decision emitted by the first jurisdiction. (Decision no. 1827 of the 11th June 2014, rendered in second appeal by Section I – Civil of the High Court of Cassation and Justice seeking compensation for moral damages)

:: The source: JURIDICE.ro

Andreea BANU

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