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The Limits Of The Devolutive Effect Of The Appeal In The Civil Lawsuit

Author

Listed:
  • Claudia ROSU

    (Prof.Dr.West University of Timisoara Faculty of Law, ROMANIA.)

Abstract

The appeal is characterized as a common, ordinary, reforming, devolutive remedy, suspending execution of the court judgment. The devolutive effect refers to the fact that the appeal brings about a retrial of the merits of the case. Devolution is limited by two rules expressed by the phrases: tantum devolutum quantum apelatum and tantum devolutum quantum iudicatum. Tantum devolutum quantum apelatum means that the devolutive effect does not cover all questions of fact and law raised before the court of first instance, but only those which are expressly or implicitly criticized by the appellant. Tantum devolutum quantum iudicatum means that the appeal, being directed against a final decision, is a means to continue the suit and not a means of widening the procedural framework in which the sides sustain new claims against each other or bring other persons before the court.

Suggested Citation

  • Claudia ROSU, 2014. "The Limits Of The Devolutive Effect Of The Appeal In The Civil Lawsuit," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 59, pages 204-215, December.
    • Handle: RePEc:pmu:cjurid:v:59:y:2014:p:204-215
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    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj14/recjurid144_14F.pdf
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    More about this item

    Keywords

    remedies; appeal; devolutive effect; limits;
    All these keywords.

    JEL classification:

    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior

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