The second appeal is based on criticisms concerning the manner in which the Court of Appeal admitted, produced and assessed the evidence. The distinction between the legality and the merits of the decision subject to review by the second appeal court

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

From relating the provisions of Art. 483 para. 3, Art. 486 par. 1(d) and Art. 488 para. 1, par. 1-8 of the Civil Procedure Code, it follows that the decision of the court of appeal may be reviewed only on grounds of illegality, not on grounds of unreasonableness, therefore the second appeal court does not have the power to censor the factual situation or to re-evaluate the evidence produced by the merits courts, but only to verify the legality of the decision on appeal, by reference to the factual situation that it finds. As such, the manner in which the court of appeal interpreted the evidence produced in the case and established, on the basis of that evidence, a particular factual situation cannot constitute a ground of second appeal.

On the other hand, the infringement by the court of appeal of the procedural rules concerning the taking and production of evidence constitutes a question of procedural legality, subject to review by the court of appeal on the basis of the plea provided for in Article 488 para.1(5) of the Civil Procedure Code.