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- Title
11. Recurs. Motivul de casare prevăzut de art. 488 alin. (1) pct. 8 C. pr. civ.
- Abstract
The grounds of the second appeal shall exclusively consist in the examination of the lawfulness of the decision delivered by the court of appeal, to the extent of the grounds of quash provided for under Article 488 para. (1) of the Code of Civil Procedure. In examining the grounds of quash provided for by Article 488 para. (1) item 8 of the Code of Civil Procedure, the court of appeal verifies the compliance with and the application of the rules of substantive law, starting from the facts acknowledged by the courts which devolved the merits. By declaring this remedy, the appellant cannot obtain a reconsideration of the facts. According to Article 488 para. (1) of the Code of Civil Procedure, „the quash of certain decisions may only be required for the following grounds of illegality: (...) 8. When the judgment was delivered in breach or wrong enforcement of the rules of substantive law“.
- Subjects
CIVIL procedure; LEGAL judgments; APPELLATE courts; ILLEGALITY; RULE of law
- Publication
Romanian Case Law Review / Revista Română de Jurisprudenţă, 2019, Issue 4, p75
- ISSN
1844-6450
- Publication type
Article