Between black and white: some special situations of invoking procedural exceptions on appeal

DEZBATERI

Abstract

Civil Procedural Code allows, under certain exceptional situations, raising of procedural pleas in an advanced state of the civil litigation.

The article aims to analyse three specific hypotheses for invoking procedural pleas in the ordinary appeal path together with the legal consequences they entail: (i) raising the procedural pleas already adjudicated by first instance Court, through the statement of defence to the appeal, (ii) raising the for the first time the procedural pleas concerning the claim (not the appeal) in the statement of defence to the claimant’s appeal and (iii) raising the procedural pleas regarding the claim in the appeal of the losing defendant from the first instance Court.

Keywords: procedural pleas, raising in appeal, grounds for appeal.