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HCCJ. The character of the conclusion suspending the enforcement of the decision appealed

The High Court of Cassation and Justice decided that, according to art. 300 para. (3) Civil Procedure Code, the suspension by request of enforcement of the decision appealed can be granted only after submitting a bail which will be fixed by conclusion, with the hearing of the parties in the council chamber, art. 403 para. (3) and (4) being applied accordingly – on the application for suspension, court will pronounce through conclusion in all cases, which may be contested separately by appeal. In this case, the conclusion is given in a file of appeal which has to rule on the dispute between the parties by a final decision. Compared to art. 316 and 282 para. (2) Civil Procedure Code (according to which the preliminary conclusion can not be attacked in other way but together with the merits), the provisions of art. 377 para. (2) pt. 4 C. proc. civ. (according to which decisions of the court of appeal are final), and the conclusion through which the request for the suspension was solved acquires its irrevocability, as conferred by the decision that will resolve the appeal. Accordingly, the appeal was rejected as inadmissible. (Decision no. 2262 of 18 September 2014 rendered by the First Civil Division of The High Court of Cassation and Justice, covering suspension of sentence execution)

:: The source: JURIDICE.ro

Anda Laura TĂNASE

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