Disregard of the devolutive limits of the appeal

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The appellate court's disregard of the principle of availability of the parties by not applying the procedural framework established by the parties has led to the rendering of a judgment which is void, a situation which entails the incidence of the ground for annulment provided for in Article 488(1), para. 5 of the Civil Procedure Code.