The substitution of the decision grounds by the judicial review court. The limitations of this action. Practical consequences of the non reformatio in pejus principle.

DEZBATERI RRDJ

Abstract

The rules for interpretation and application of the principle of non-aggravation of the party’s situation in its own means of challenge may not permit, in any circumstance, affecting the fundamental rules governing the civil trial. In particular, these rules are meant to ensure the balance between observing the authority of res judicata, protecting the rule of law and fulfilling the equity, by giving them the true value conferred by the law. 

Keywords: power of res indicate; the party’s situation may not worsen in its own means of challenge; the case resolution by way of objection, the failure of the judicial review court to examine the objections