The obligations of the court within the appeal. Effects of breach of the appellate court's obligation to consider the judgment under appeal and the grounds of appeal. Commentary on Decision no. 939A of June 14, 2021 pronounced by the Bucharest Court of Ap

DEZBATERI

Abstract

The specificity of the appeal is to verify the legality and validity of the first court judgment, within the limits implied by the grounds of appeal. Consequently, the court is required to draw the limits of the judgment by examining the judgment and the grounds of appeal, in order to determine the limits of reviewing the case. Within the appeal, the appellant should not be allowed, during the debates of the merits of the case, to make new criticisms with respect to the judgment which were not stated within the request of appeal, as these new grounds of appeal are formulated after the expiration of the limitative term. The omission to analyse the judgement and the grounds of appeal may lead to the violation of several rules of procedure (the deadline for filing the appeal, the principle of respecting the limits of the claim, the principle of equality between the parties, the right of defense, the limits of the reviewing within the appeal, the solutions that the court can render).

Keywords: the obligations of the court within the appeal, the limits of the reviewing within the appeal, the effects of the expiration of the deadline for filing the appeal, verifying the appealed judgement with respect to the grounds of appeal