Criticisms to the substantive civil judgment in the written arguments lodged on appeal. Omissio medio. Criticisms concerning the determination of the value of the wreck of a car following a road accident.

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The appeal requires the fulfilment of two conditions. On the one hand, the factual and legal issues which were the subject of the first instance proceedings may form the subject-matter of this appeal, through the claims and defenses of the parties; on the other hand, when the appeal is reasoned, the appellate court's analysis is circumscribed to the factual and legal grounds set out in the notice of appeal or, as the case may be, in the cross-appeal or the motion for leave to appeal. Criticisms raised for the first time in the written pleadings lodged at this stage of the proceedings cannot be the subject of an appeal. Since they are untimely on appeal, such criticisms cannot be raised at the second appeal stage either. At the latter stage of the proceedings, the subject-matter of the proceedings before the court may be limited to specific criticisms which point out, with reasons, the errors or omissions of the previous court, by indicating the legal provisions which were applicable to the case but were disregarded by the court against whose judgment the appeal is brought, or, if those provisions were applied, the different way in which those legal provisions were interpreted in the case before the court and, by implication, the different result of that interpretation proposed by the appellant.