Part III

Mihail LOHĂNEL, Ph.D. in Law, Assistant professor, Reasons for Cassation Appeal in the Civil Trial. As Yet and in Prospect
The outlook of the new Code of civil procedure, nowadays a draft supposed to bring essential improvements to the motives of cassation appeal, gave rise to these considerations.

The suggested comparative analysis starts with the examination of existing regulations being emphasized the short-comings as pointed out by both the doctrine and the caselaw.

Furthermore, the research focuses on the motives of illegality that entail the quashing of the judgement as forecasted in the draft of the new Code, with emphasis on the short-comings considered to be necessary to complete.

The final section deals with the reasons for cassation as provided by the legislations of some countries with solid traditions in this subject, coming to the conclusion that present-day and future short-comings in the Romanian legislations may be obviated by taking over the French model, which as a matter of fact inspired the current draft of the Code of civil procedure.

Keywords: exisiting motives of appeal, forecasted motives of quashing the judgement

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