Appeal. The limits of the devolutive effect determined by what was appealed. Active role of the judge. Raising a public policy issue of the Court's own motion

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The limitation of the nature and amount of compensatory measures in the case of assignors of rights is established by a mandatory rule, which protects a general interest, which is why this limitation applies to all legal situations in progress at the time of its enactment and the parties do not have the possibility of evading the application of public policy provisions.

Since the date of entry into force of Law no. 165/2013, the configuration of the assignee's rights from the point of view of the maximum value ceiling is the one established by the new normative act, and while it is in force, the assignee's rights cannot be other than those expressly mentioned in Art. 24 para. (2)-(4) Law no. 165/2013.

By invoking ex officio the application of the provisions of Article 24 of Law No 165/2013, the appellants-claimants' situation is not worsened in their own appeal, since this ground was raised in the appeal filed by the defendant-appellant, and it is irrelevant that this party did not criticize the valuation of the property, given that the provisions of Article 479 para. (1) of the Civil Procedure Code does not make such a distinction.