Conţinutul şi regularizarea cererii de apel
Content and regularization of the appeal

Summary/Abstract: The special character of the civil complaint and of the civil appeal relating any other court petition represents the special connection between the civil complaint and implicitly civil appeal the appeal with the civil action. The civil appeal regularization procedure differs from the regualrization procedure of the civil complaint. The New Code of Civil Procedure has proposed a good course of judgment through a rigorous circumscription of the subject matter of the referral, and this exigency subsists both in the first instance and in the appeal. The major difference lies in the fact that, in the case of the first instance procedure, the subject of the verification and regularization procedure is much broader than that of the appeal procedure because the necessary elements of the litigation have already been clarified during the first instance trial. The fact that the filing of acts relating to the appeal settlement procedure takes place before the first instance court, whose decision is being appealed is irrelevant as long as the nullity of the appeal is compulsorily diceided by the court of appeal after the file case has been communicated to it by the firts court. As long as the regularization of the civil complaint and of the civil appeal meets the same imperatives, there is no objective justification for a different application of the sanction of nullity of the civil appeal to the civil complaint, because the sanction of nullity in the regularization procedure seeks to resolve the irrregular civil petition without giving a substantive solution.

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