Infringement of the rights of the defence by changing the legal cause of action directly on appeal. Nullity of the judgment

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The procedural framework with regard to the subject matter and causes of action must remain the same throughout the process in its successive stages to reflect the actions of adversarial proceedings. The prohibition on amending the case or subject-matter of the application and the prohibition to file new claims at the appeal stage applies in the pending case under Article 478 (1) and (3) of the Civil Procedure Code.

Since it is not permitted to change the cause of action on appeal where the dispute has gone through several procedural stages, during which the plaintiff amended its claim, without having sought, at first instance, liability for damage caused by the goods, but only tort liability for its own act, the court of appeal misapplied the limits of the devolutive effect of the appeal, determined by what was submitted to trial before the first court (tantum devolutum quantum iudicatum).