Appeal for annulment. Failure to comply with the grounds laid down by law

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

Criticism of the interpretation of the provisions of Article 148 para. (1), Art. 149 para. (1), Article 195, Article 196 and Article 199 of the Civil Procedure Code cannot be included in the grounds of the appeal for annulment, since it would be transformed into an action for reformation, in practice amounting to a retrial of the application for referral to the court by reference to the plea of nullity raised by the court, which cannot be upheld.

Nor can the plea in law in the appeal for annulment, alleging that the court failed to rule on all the grounds of appeal, be upheld, since the contested decision is a consequence of the examination of the plea of invalidity, which is examined as a matter of priority and which, if upheld, does not allow the substantive arguments to be examined.