2020
Claudia ROȘU, Professor, Alin SPERIUSI-VLAD, Assoc. Professor, Faculty of Law, West University of Timişoara, Critical considerations regarding Decision no. 12/2020, pronounced by the High Court of Cassation and Justice – Section for Appeal in the Interest of the Law
DOI: https://www.doi.org/10.31178/AUBD.2020.03
Abstract: The authors analyzed the decision of the Supreme Court
by an appeal in the interest of the law, regarding the possibility of the party
fined according to art. 187 parag. (1) pt. 1 let. a) Code of Civil Procedure,
for the introduction, in bad faith, of a civil action, accessory, additional or
incidental requests, as well as for the exercise of some appeals, obviously
unfounded, by the same decision by which these requests were solved, to submit
in the appeal filed to the superior court, criticisms concerning the judicial
fine.
In the opinion of the authors, the correct interpretation is that these criticisms can be formulated in the appeal filed to the superior court, together with all the other criticisms regarding the solution of the lower court, when the fine was applied by the same decision by which those requests were solved.
Key-words: judicial fine, recourse in the interest of the law, contestation, remedy
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