Active role of the Court of Appeal. Ex officio invocation, on the basis of the provisions of Article 479 para. (1) final sentence of the of the Civil Procedure Code, of the ground of appeal of public policy consisting in the disregard by the 1st ist CIV

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The legal relationship at issue requires the participation in the proceedings of the beneficiary of the provision issued pursuant to Law No 10/2001, since the effects of the decision rendered also extend to it, since it has partially assigned the right to receive the reparatory measures proposed by the provision, and the first court has decided both the existence and extent of the property right and the type and amount of the reparatory measures due, in contradiction only with the assignees, who have acquired only 25% of the right to receive the reparatory measures proposed by the provision. However, such matters must be established in relation to all persons claiming entitlement to reparation measures, so that, pursuant to Article 78(2) of the Civil Procedure Code, the first instance was obliged to discuss the situation of compulsory participation in the proceedings. By failing to do so, it has rendered an unlawful judgment which must be set aside and the case remitted for retrial.