Elemente de noutate privind reglementarea căilor de atac în noul Cod de procedură civilă și legea de degrevare a Instanțelor. (I) Căi de atac generale și speciale. Dispoziții generale. Căile de atac de reformare

Abstract

The new Romanian Civil Procedure Code, recently entered in force, regulates new remedies and also contains new and different provisions regarding remedies that already existed in the former Civil Procedure Code. Although many studies have been written on this topic, the aim of this one is to shed light on some certain aspects that have not been raised before, such as the possibility of abusive use of certain provisions regarding the principle of the uniqueness of the right to use an appeal, the uselessness of the appeal omisso medio, and some possible mistakes when regulating the final appeal before the High Court of Cassation and Justice. A comparative examination explaining the transitory provisions regarding the procedures of appeal and final appeal contained by the Civil Procedure Code and by the Law Relieving Courts of Certain Burdens is also contained herein.