Apel. Lipsa învestirii instanţei de apel cu o cale de atac exercitată împotriva încheierii civile prin care s-a soluţionat excepţia tardivităţii

Appeal. Lack of jurisdiction of the appellate court to hear an appeal against the civil judgment ruling on the objection of lateness

Abstract

As regards the failure to provide the Court of Appeal with an appeal against the civil judgment ruling on the objection of lateness, the appellant's criticisms are well founded.

The provisions of Article 477 of the Code of Civil Procedure, which governs the devolutive effect of the appeal, clearly provide that the court of appeal shall review the merits within the limits expressly or implicitly set by the appellant, as well as with regard to solutions that are dependent on the part of the judgment that is under appeal.

However, the appellant has not challenged the civil judgment of 23 January 2020 containing the decision of the court of first instance on the objection of the lateness of the amendment of the...