Casare parţială. Efecte

Abstract

Partial cassation. Effects

Therefore, if the cassation is partial, the contested judgment will retain all its effects on the contentious issues that formed the subject of appeal, and the same solution goes for the contentious issues which were the subject of appeal and, in relation to which the grounds of appeal were rejected; in other words, in case of partial cassation only what was dissolved shall be subject to retrial, the rest of the judgment remaining irrevocable. In other words, only those judgments annulled by which certain issues of law inferred under appeal were resolved and on which the Court of Appeal ruled different than the trial court remain powerless, without effect, within the meaning of articles. 311 (1) and 315 (1) of the Code of Civil Procedure; this does not apply to incident decisions incorporated in the former by which certain issues were analyzed against which the remedy at law was not exerted and nor were discussed by pleading in...