Trial suspension. Second appeal. Lack of grounds of the claim for suspension

DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Abstract

Failure to state reasons for a court decision in accordance with Article 425 of the New Code of Civil Procedure is practically equivalent to resolving the process without entering into the substance of the request (in this case the request for suspension), such as to justify the quashing with reference to retrial.

In the legal doctrine it has been shown that in practice there are situations when the solution contained in the enacting terms proves to be purely formal, in the absence of supporting grounds, thus not allowing the judicial control. These situations are assimilated by jurisprudence to a non-investigation of the merits and determine the solution of the cassation with reference.