 THE LIMITS OF THE DEVOLUTIVE EFFECT OF THE APPEAL IN THE CIVIL LAWSUITClaudia Rosu
Curentul Juridic, The Juridical Current, Le Courant Juridique, 2014, vol. 59, 204-215 Abstract: The appeal is characterized as a common, ordinary, reforming, devolutive remedy, suspending execution of the court judgment. The devolutive effect refers to the fact that the appeal brings about a retrial of the merits of the case. Devolution is limited by two rules expressed by the phrases: tantum devolutum quantum apelatum and tantum devolutum quantum iudicatum. Tantum devolutum quantum apelatum means that the devolutive effect does not cover all questions of fact and law raised before the court of first instance, but only those which are expressly or implicitly criticized by the appellant. Tantum devolutum quantum iudicatum means that the appeal, being directed against a final decision, is a means to continue the suit and not a means of widening the procedural framework in which the sides sustain new claims against each other or bring other persons before the court. Keywords: remedies; appeal; devolutive effect; limits (search for similar items in EconPapers) Downloads: (external link) Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:pmu:cjurid:v:59:y:2014:p:204-215 Access Statistics for this article More articles in Curentul Juridic, The Juridical Current, Le Courant Juridique from Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation Contact information at EDIRC. |
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