HCCJ. Nullity of appeal

The High Court of Cassation and Justice ruled that “the nullity of an appeal occurs not only when the reasons to appeal are utterly missing, but also should the motivation be inadequate”. The latter, the Court stated, “does not constitute a motivation in the appeal’s procedural sense, but for instance when the extent of the illegality reasons is not properly shown”. The High Court further maintained that such a situation was also encountered in the case set to trial, since the appellant’s declarations did not aim for the appealed decision, but for the affirmed righteousness of the request to appeal, regardless of the fact that the appeal does not have a devolving character. (Decision no. 2245 of the 13th of June 2014, given at appeal by the 2nd Civil Division of the High Court of Cassation and Justice, covering remedies)

:: The Source: JURIDICE.ro

Andreea LUCACI

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