Nullity of the court decision and referral of the case for retrial when the parties do not request such a measure

Authors

  • Cristina Ramona Duță Ovidius University of Constanta, Romania - Faculty of Law and Administrative Sciences

Keywords:

unconditional nullity; referral back to the Court; absence of an express request

Abstract

It follows from the constant judicial practice of civil Courts that in Article 480 parag (3) second sentence of de Civile Procedure Code provides for an extrinsic condition for the valdity of the decision by which the Court of appeal refers the case for retrial, namely the existence of an expres request to that effect by at least one of the parties.

Published

2023-04-13

How to Cite

Duță, C. R. (2023). Nullity of the court decision and referral of the case for retrial when the parties do not request such a measure. Ars Aequi, 12(1), 6–13. Retrieved from https://revista.drept-ovidius.ro/index.php/arsaequi/article/view/199

Issue

Vol. 12 (2022): Ars Aequi

Section

Private Law