Particularități privind subiecții procesuali în etapa recursului
Peculiarities regarding procedural subjects in the stage of second appeal

Summary/Abstract: This study is meant to analyze certain aspects in respect of third parties’ participation in second appeal judgement, respectively to some legal aspects of the accessory motion to intervene made directly in front of the second appeal judgement (this being the only form of intervention which can be done in front of the second appeal court) and the mandatory procedural co-participation of parties in a case file.In respect of the accessory motion to intervene made in front of the second appeal court the following matters are analyzed: the position in the dispute of the third party who issues an accessory motion to intervene in case of remanding the case for retrial; the possibility of issuing an accessory motion to intervene in case of an inadmissible second appeal motion and the possibility of issuing an accessory motion to intervene in a second appeal judgement which is not about the ground claims but only procedural matters.As for the mandatory procedural co-participation the following maters are analyzed: the possibility of invoking the lack of mandatory co-participation directly within the second appeal motion; the second appeal ground for invoking the lack of mandatory co-participation in previous stages of the case file and the solutions that can be issued by the second appeal court in case it is considered that the procedure in previous stage was conducted without the participation of a third party.

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