Comunicarea actelor de procedură. Momentul de la care începe să curgă termenul de exercitare a căii de atac a apelului (şi recursului) în cazul în care, conform legii, acesta începe să curgă de la comunicarea hotărârii. Principiul echipolenţei

Effective service of judicial documents. The moment when the period for the exercise of the means of appeal (and of the second appeal) begins where, according to law, it begins to lapse from the communication of the judgment. The principle of equivalence

Abstract

The majority opinion:

If the term of appeal was accepted from the communication of the judgment, although the appellant was aware of its existence and content on an earlier date, taking note of it in a different file, it would mean that the party should choose the time when lodging the mean of appeal, which is not acceptable. A conclusion contrary to that above would violate the principle of legal certainty, guaranteed by art. 6 para (1) of the european Convention on human rights, as the...