Interpretation and scope of the provisions of Art. 488 para. (1), point 8 of the Code of Civil Procedure

DEZBATERI

Abstract

By regulating the current Code of Civil Procedure, the aim was to resize the legal figure of the appeal in the civil process, allowing a better qualification of this remedy as extraordinary. To this end, the old Article 304 has been only partially taken over in the new regulation, and it is no longer allowed to exercise the right of appeal in cases of misinterpretation of the act before the court or, for example, of change of its clear and obvious meaning. As it stands at the moment, the appeal can only be brought on grounds of illegality, which is an extraordinary remedy par excellence. However, the plea of infringement or misapplication of provisions of substantive law can create a number of problems in interpretation.

Keywords: appeal, substantive law rules, application, interpretation