HCCJ. Lack of interest to pursue means of appeal

The High Court of Cassation and Justice has ruled that the particularity by means of which the court should have rejected the request by reason of inadmissibility, and not for being groundless, does not justify the interest of exercising means of appeal. Having that in mind, the High Court has mentioned that “the ruling of a court which has been deeply influenced by the legal relations of parts, is indeed able to definitively end the conflict, unlike the situation in which the dispute would be solved as a result of an exception or as a result of an inadmissibility or when, if some conditions are met (overcoming the obstacles which might have a temporary existence), resuming the trial would be possible, without having the possibility to use res judicata so as to fight back”.

(Decision no. 2196 of the 17th of September 2014 pronounced by Civil Section 1 of the High Court of Cassation and Justice during an appeal, covering the action for the recovery of possession)

:: The source: JURIDICE.ro

Andreea LUCACI

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