Curtea de Apel Bucureşti, Secţia a IV-a civilă, Decizia nr. 776 din 5 octombrie 2016 (Jurisprudență comentată)
Bucharest Court of Appeal, Decision no. 776 dated 5.10.2016 (Case Law Study)
Author(s): Gheorghe Liviu ZidaruSubject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: appeal on point of law;reopening of trial after suspension;active role of the court
Summary/Abstract: The court order on suspension of the ongoing trial can be attacked by appeal on points of law, at the immediate superior court, according to Art. 414 new Civil Procedure Code, even if the tribunal or the court of appeal acts as last instance. The appeal on point of law must be effective. Therefore, Art. 488 nr. 5 new Civil Procedure Code is applicable if the conditions for suspension have been wrongly appreciated by the lower court. In case one partie dies, one must set a reasonable standard for reopening the trial, by taking into account all legal means for accepting a succession.
Journal: Curierul judiciar
- Issue Year: 2016
- Issue No: 10
- Page Range: 523-527
- Page Count: 5
- Language: Romanian
- Content File-PDF