EXCEPŢIILE PROCESUALE ÎN APEL
Procedural pleas in appeal

Summary/Abstract: In this article, the author presents certain considerations on the procedural pleas in appeal. The structure and content of the study reveal comments on the procedural plea in the light of the new Code of civil procedure, on the interdiction of combining the procedural pleas with the taking of evidence and the merits of the case, on the classification of the procedural pleas as pleas of first instance and procedural pleas in appeal, as well as on the priority of settlement of procedural pleas in appeal, considering, on the basis of the above, the doctrine developed by famous names in the matter of law (F.A. Baias, V. Belegante, T.C. Briciu, V.M. Ciobanu coord., C.C. Dinu, B. Dumitrache, G. Florea, M. Fodor, I. Gîlcă, D. Ghinoiu, C. Irimia, A. Nicolae, M. Nicolae coord., E. Oprina, A. Rădoi, M. Stancu, A. Ștefănescu, M. Tăbârcă, N. Turcu, M. Ursuţa, G.-L. Zidaru, A. Suciu). Finally, the author formulates brief considerations regarding the existence of certain procedural pleas which, by their nature, occupies the first place in the list of priority of the settlement of pleas, relating to the above-mentioned criteria, inclusively in appeal, for instance: the plea of non-payment of the stamp duty in appeal (but not the plea of non-payment of the stamp duty of the writ of summons, as it could state a reason for appeal which may result in forwarding the debt for collection of the claimant which has not paid or has not paid enough the stamp duty of the introductory action), the plea of absolute incompatibility of a judge of the panel in appeal proceedings and so on.

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