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Procedural incidents: relinquishing the legal action in the appeal proceedings or in the extraordinary legal remedies

Author

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  • Andreea Stoican

    (Law Department, Bucharest University of Economic Studies, Romania)

Abstract

The principle of law of the availability implicitly includes the possibility granted by the lawmaker to the parties to perform proceeding disposition acts. As regards relinquishing the legal action, the Civil Procedural Code applicable to date included, in art. 406, para. 5, an apparently irrelevant amendment; however, the jurisprudence shows this cannot go ignored, as the premises of party damage proved to be present. Therefore, this paper aims at sounding the alarm on the potential consequences of annulling previous Court Orders in case of relinquishing the legal actions during the appeal proceedings or in the extraordinary legal remedies, which, as proven by the jurisprudence in Court, may lead to important losses for the Party that is not at fault.

Suggested Citation

  • Andreea Stoican, 2017. "Procedural incidents: relinquishing the legal action in the appeal proceedings or in the extraordinary legal remedies," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 7(2), pages 70-76, December.
    • Handle: RePEc:asr:journl:v:7:y:2017:i:2:p:70-76
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    Cited by:

    1. repec:thr:techub:10012:y:2020:i:1:p:101-112 is not listed on IDEAS
    2. Roxana Chirieac, 2020. "Considerations on unfair terms in bank credit contracts," Technium Social Sciences Journal, Technium Science, vol. 12(1), pages 101-112, October.

    More about this item

    Keywords

    relinquishing legal action; disposition act; quashing; legal expenses; consent.;
    All these keywords.

    JEL classification:

    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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