Renunţarea la judecată versus renunţarea la recurs
în procesul civil
Waiver of judgment versus waiver of appeal in the civil process
Author(s): Claudia RoşuSubject(s): Court case
Published by: Universul Juridic
Keywords: waiver of judgment; waiver of second appeal; procedural stage; the effects of the waiver request; final decision;
Summary/Abstract: The article examines the solution pronounced in a case regarding the way in which the court proceeded with the request to waive the judgment of the second appeal. Although some of the applicants requested only a waiver of the second appeal, the court upheld that waiver and set aside the sentence in respect of them.We consider the solution to be illegal because the court has exceeded the limits set by the applicants on the basis of the principle of availability.The waiver of the trial should not be confused with the waiver of the second appeal, which represents another legal institution.After noting the waiver of the second appeal. the judgments rendered above become final.
Journal: Analele Universității de Vest din Timișoara - Seria Drept
- Issue Year: 2021
- Issue No: 1
- Page Range: 49-53
- Page Count: 4
- Language: Romanian