Aspecte noi privind recursul în procesul civil în lumina Proiectului Codului de procedură civilă
New aspects on the recourse in the civil lawsuit in the light of The Draft Version of the Civil Procedure Code

Summary/Abstract: The draft version of the new Civil Procedure Code regulates the recourse as an extraordinary way of challenging a decision, in art. 470-487. It preserves certain stipulations comprised in the current Civil Procedure Code (art. 299-316), but it also brings about substantial innovations and modifications. The main innovations concern: the limitation of the recourse object by excluding from the category of awards that can be submitted for recourse the awards given in certain cases [practically, the claims stipulated in art. 89 point 1, lett. a)-k), art. 90 point 1, lett. d) and e) cannot be submitted for recourse, as well as other claims that can be evaluated in cash, of up to 500,000 RON inclusive]; the formulation and motivation only by the attorney or, according to the case, by the legal counselor; the conditions and procedure for the suspension of the execution of the award subject to recourse; the revision and rethinking of the reasons for cassation and the conditioning of their admissibility by the fact that these reasons could not have been invoked by appeal or during the trialing of this appeal, or, although they had been invoked before the deadline, they were rejected or the court failed to issue a decision thereto, the introduction of the filtering procedure at the level of the High Court of Cassation and Justice, and the review of the awards given in the recourse, by removing the solution of modification of the challenged decision, in case the recourse is admitted.

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