Part III

Ana Roxana TUDOSE, Ph.D. candidate, Revocation and Annulment of the Sentence Appealed- Solutions for Sentence Reformation in the Civil Lawsuit
This paper deals with a subject within the domain of means of appeal of the civil law suit. Many aspects of non-unitary practice, especially in what the sollutions for the annulment of the sentence appealed are concerned, have been ascertain within this domain.

Most of non-unitary practice sollutions in the annulment of the sentence aim at the unauthorized extension of the solution’s applicability domain, through an extrapolated assessment of the following terms „ investigation of the matter” and „ illegal citation”,when the controlling court adopts this measure easily, avoiding a solution on the merits of the cause.

The annulment of the sentence appealed arises if it is ascertained that the first court has solved the cause, although it was incompetent, or if another reason of nullity was indentified.

In our legislation, as opposed to the French one, the „ other nullity reasons” usually determines non-unitary practice solutions, in what the applicability domain of this solution, as well as the character, legal regime and nullity consequences are concearned.

Keywords: appeal, civil lawsuit, non-unitary practice, annulment of the Court decision

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