Limits of the analysis carried out by the second appeal court. Aspects that can be subsumed under the grounds for quashing provided for in Article 488(1)(5) and (8) of the Code of Civil Procedure. Distinguishing criticisms of legality from those of lack o

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The second appeal is an extraordinary means of challenge, in which the parties are required to classify the criticisms made against the previous judgment in one of the cases limitatively provided for by Article 488(1)(1-8) of the Code of Civil Procedure. In addition to the evidence, which is limited to documentary evidence, only issues relating to the legality of the application of legal, procedural or substantive provisions to the specific case before the court may be examined on appeal, and not issues relating to the merits of the previous court's findings. Thus, criticisms of the manner in which the appellate court (or the first instance, in the cases specifically provided for) interpreted the evidence in the case or the failure to adduce other evidence are, in principle, beyond the appellate court's control.