Excepţiile de la regulile devoluţiunii în apel

Lect. univ. dr. Alin Speriusi-Vlad

Exceptions to the rules on devolution on appeal

Abstract

The analysis of the rules of law underlying the grounds of appeal highlights the link between the legal relationship of substantive law and the legal relationship of contentious law through the devolution of this remedy. Aspects of the substantive legal relationship with regard to which the plaintiff is 'satisfied' do not form the subject-matter of the legal relationship in dispute. On the other hand, it is undeniable that in appeal, according to the Code of Civil Procedure, the court may resolve the case beyond what was tried at first instance, i.e. the 'dissatisfaction' of the plaintiff, and even beyond what was appealed, i.e. the 'dissatisfaction' of the appellant. The provisions on the hearing of appeals help us to better understand what is on trial - both at first instance and on appeal - and what the court gets to decide. The plaintiff does not...