Appeal in the interest of law and the preliminary settlement of a new matter of law by the High Court of Cassation and Justice in the light of the new Civil Procedure Code Cover Image
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Recursul în interesul legii și dezlegarea, în prealabil, a unei chestiuni de drept noi de către Înalta Curte de Casație și Justiție în lumina noului Cod de procedură civilă
Appeal in the interest of law and the preliminary settlement of a new matter of law by the High Court of Cassation and Justice in the light of the new Civil Procedure Code

Author(s): Marian Nicolae
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: new (Romanian) Civil Procedure Code; unitary judicial practice; appeal in the interest of law; preliminary ruling of the High Court of Cassation and Justice for the settlement of matters of law.

Summary/Abstract: This paper provides a legal analysis of rules in the new (Romanian) Civil Procedure Code on ensuring a unitary judicial practice, i.e. the appeal in the interest of law and, respectively, the referral to the High Court of Cassation and Justice for a preliminary ruling on the settlement of matters of law. While the appeal in the interest of law existed also in the previous Civil Procedure Code, the referral to the High Court of Cassation and Justice is a new procedure, not regulated by the previous Civil Procedure Code.

  • Issue Year: 2014
  • Issue No: 02
  • Page Range: 13-73
  • Page Count: 61
  • Language: Romanian