Apelul. Limitele efectului devolutiv determinate de ceea ce s-a apelat. Rolul activ al judecătorului. Invocarea din oficiu a unui motiv de ordine publică

Appeal. The limits of the devolutive effect determined by what was appealed. Active role of the judge. Raising a public policy issue of the Court's own motion

Abstract

The limitation of the nature and amount of compensatory measures in the case of assignors of rights is established by a mandatory rule, which protects a general interest, which is why this limitation applies to all legal situations in progress at the time of its enactment and the parties do not have the possibility of evading the application of public policy provisions.

Since the date of entry into force of Law no. 165/2013, the configuration of the assignee's rights from the point of view of the maximum value ceiling is the one established by the new normative act, and while it is in force, the assignee's rights cannot be other than those expressly mentioned in Art. 24para...