Apel. Încălcarea principiului tantum devolutum quantum apellatum. Consecinţe

Appeal. Violation of the principle tantum devolutum quantum apellatum. Consequences

Abstract

Under the provisions of art. 295 of the previous Code of Civil Procedure, the court of appeal shall examine, within an appeal, the determination of the facts and the enforcement of the law by the court of first instance. The grounds of public order may be invoked ex officio, as well.

The principle tantum devolutum quantum apellatum is violated if the court of appeal dismisses the action of the claimant as inadmissible, by the settlement of the case on a plea not raised by the defendant before the court of first instance and in regard to which no criticism was lodged by the declared appeal, without being invoked ex officio and put under discussion by the parties, and the judgment so rendered is unlawful.

Rezumat

Potrivit dispoziţiilor art. 295 C. pr. civ. anterior, instanţa de apel va verifica, în limitele cererii de apel,...