Admisibilitatea recursului în procedura civilă: experiența Republicii Moldova în contextul regional (II)

Abstract

The articles analyses the evolution of the institution of the admissibility of the second appeal in the civil procedure of the Republic of Moldova, from the perspective of legal provisions and case law of the Supreme Court of Justice. The list and legal nature of the prerequisites of the second appeal’s admissibility, the tasks and features of the examination procedure of the second appeal’s admissibility are also investigated in the context of major trends in the European countries, as well specific problems faced by the Moldovan courts. A delimitation of the institution of admissibility of the second appeal from other adjacent institutions is made, with distinguishing of the prerequisites of the second appeal admissibility and of the conditions for its submission. On the basis of historical and comparative investigation certain recommendations concerning the grounds for the inadmissibility of the second appeal, as well as the examination procedure of the second appeal’s admissibility are made.

Keywords

• recurs
• sarcinile recursului
• atac
• . casare