2. Is the second appeal admissible against an appeal ruling rejecting as inadmissible, respectively, as tardy, the principal intervention request if the appeal decision is
non-recurable? Cover Image
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2. Este admisibil recursul împotriva unei încheieri din apel de respingere ca inadmisibilă, respectiv, ca tardivă a cererii de intervenţie principală în cazul în care hotărârea din apel este nerecurabilă?
2. Is the second appeal admissible against an appeal ruling rejecting as inadmissible, respectively, as tardy, the principal intervention request if the appeal decision is non-recurable?

Author(s): Liviu Alexandru Viorel
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: second appeal admissibility; decision not subject to second appeal; lateness; request for accessory intervention;

Summary/Abstract: The present article tends to address and reason the issue of the admissibility of lodging the second appeal against the ruling by which the request for the principal intervention is rejected as inadmissible or, as the case may be, as tardy, in appeal, in the particular hypothesis that the judgment that would be rendered in appeal, as a whole, would not be subject to a second appeal. The analysis of the legal regime of the second appeal in the evoked hypothesis is mainly focused on the initial legal framework of the Civil Procedural Code materialized by the fact that the ruling rejecting the principal intervention request as inadmissible was subject to a separate mean of attack, without neglecting the current legal regime. The article also addresses the extent to which the deadline for lodging the principal intervention request is a condition of admissibility (for such a request), and therefore, filling it late may lead to the rejection (of the request) as inadmissible.

  • Issue Year: 2024
  • Issue No: 03
  • Page Range: 540-545
  • Page Count: 6
  • Language: Romanian
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