THE LEGALITY OF THE MEANS OF APPEAL IN THE NEW CODE OF CIVIL PROCEDURE SYSTEM
THE LEGALITY OF THE MEANS OF APPEAL IN THE NEW CODE OF CIVIL PROCEDURE SYSTEM

Summary/Abstract: Customization of the principle of legality in relation to the matter of the means of appeals by means of the provisions of Article 457 Code of Civil Procedure is a novelty in the Romanian Civil Procedural Law system, the legislature opting for ensuring the "equality of arms", in case of the erroneous determination of the means of appeals in the judgment enactment terms. Thus, a mechanism for ope legis reinstatement, of the parties of that trial was created, by rejecting as inadmissible the means of appeal declared in consideration of the wrong determination of the court and its communication to all parties, moment which from the deadline for the exercise of the means of appeal provided by law begins or, as applicable, no term will begin when that decision was no longer subject to any reforming means of appeal. Meanwhile, the legal rule is criticized because it does not expressly provide a mechanism similar to the incorrect determination in the enactment terms of the judgment of the deadline for the exercise of this means of appeal, although according to the intended law we consider that the legislative definition of the same solution would be imposed. On the other hand, the provisions of Article 457 Civil Procedure Code have the quality of distinguishing the institution of this ope legis reinstatement within the exercise of the means of appeal provided by law by the institution of the means of appeal requalification.

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