Este admisibil recursul împotriva unei încheieri din apel de respingere ca inadmisibilă, respectiv, ca tardivă a cererii de intervenţie principală în cazul în care hotărârea din apel este nerecurabilă?

Asist. univ. dr. Liviu-Alexandru VIOREL

Facultatea de Drept, Academia de Studii Economice

Avocat coordonator, Muşat & Asociaţii

Is the second appeal admissible against an appeal ruling rejecting as inadmissible, respectively, as tardy, the principal intervention request if the appeal decision is non-recurable?

Abstract

The present article tends to address and reason the issue of the admissibility of lodging the second appeal against the ruling by which the request for the principal intervention is rejected as inadmissible or, as the case may be, as tardy, in appeal, in the particular hypothesis that the judgment that would be rendered in appeal, as a whole, would not be subject to a second appeal.

The analysis of the legal regime of the second appeal in the evoked hypothesis is mainly focused...