SECTION III EUROPEAN LAW AND PUBLIC POLICIES THE PRINCIPLE NON REIORMATIO IN PEJUS IN ROMANIAN LEGISLATION
Autor (i): Grădinaru Nicolae
JEL: K0 K1
Cuvinte cheie: appeal, appeal, recourse, express, res judicata authority
Abstract:
The principle non reformatio in peius (non-reformation for the worse, ie no one can worsen the situation through their own appeal) must be respected both when judging the appeal and at the retrial of the case, following the annulment or quashing of the decision, because retrial is the consequence exercise of the appeal, and the party must have the certainty that it will not worsen its situation, not only in the appeal it has promoted, but also in the procedural stages subsequent to the admission of this appeal. The principle non reformatio in pejus is regulated in this way, according to art.481 of the Code of Civil Procedure, the appellant cannot be created in his own appeal a worse situation than the one from the contested decision, unless he expressly consents to this or in the specific cases provided by law
The principle non reformatio in peius (non-reformation for the worse, ie no one can worsen the situation through their own appeal) must be respected both when judging the appeal and at the retrial of the case, following the annulment or quashing of the decision, because retrial is the consequence exercise of the appeal, and the party must have the certainty that it will not worsen its situation, not only in the appeal it has promoted, but also in the procedural stages subsequent to the admission of this appeal. The principle non reformatio in pejus is regulated in this way, according to art.481 of the Code of Civil Procedure, the appellant cannot be created in his own appeal a worse situation than the one from the contested decision, unless he expressly consents to this or in the specific cases provided by law
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