Second appeal. Irrelevance of the grounds raised. Nullity

JURISPRUDENŢĂ COMENTATĂ ŞI ADNOTATĂ

Abstract

The second appeal must be grounded in the claim for second appeal itself or in a separate pleading. The grounds of second appeal must indicate the aspects of illegality of the judgment under appeal, i.e. the reasons why the party considers that one or more legal provisions have been misinterpreted and misapplied by the court whose judgment is under appeal. If the arguments and criticisms put forward do not fall within the grounds for quashing indicated by the party and cannot, of its own motion, be correctly classified by the second appeal court in one of the grounds for quashing expressly and exhaustively listed in the law, the penalty is the invalidity of the second appeal.