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Section Iii European Law And Public Policies The Principle Non Reiormatio In Pejus In Romanian Legislation

Author

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  • Gradinaru Nicolae

    (PhD, Associate Professor, Universitatea "Constantin Brancoveanu" Pitesti)

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

Suggested Citation

  • Gradinaru Nicolae, 2020. "Section Iii European Law And Public Policies The Principle Non Reiormatio In Pejus In Romanian Legislation," Management Strategies Journal, Constantin Brancoveanu University, vol. 50(4), pages 90-93.
    • Handle: RePEc:brc:journl:v:50:y:2020:i:4:p:90-93
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    More about this item

    Keywords

    appeal; appeal; recourse; express; res judicata authority;
    All these keywords.

    JEL classification:

    • K0 - Law and Economics - - General
    • K1 - Law and Economics - - Basic Areas of Law

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