Non reformatio in peius. În principiu

Executor judecătoresc Bogdan Dumitrache

Non reformatio in peius. In principle

Abstract

The concern to examine such a traditional principle as non reformatio in peius can be viewed with condescendence. There is no shortage of problems raised by the new institutions of the New Code of Civil Procedure, and the doctrine is called upon to give them priority in its analysis. In addition, the common sense associated with this principle gives the illusion that it could be easily understood, for which legal training would seem superfluous.

We believe that a minimum of attention and analysis is not meaningless, the starting point being the attempt to define the notion of "situation", all the more so as this notion is not defined in the context of the principle under discussion and may therefore invite speculation. In this context, the new Code of Civil Procedure's emphasis on the major role, which is more pronounced than under the old civil procedure rules, in...