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The Principle Of "No Reformatio In Peius" In The Romanian Legislation

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  • Constantin-Laurentiu, GHEORGHE

Abstract

The principle no reformatio in peius (prohibition of reformation in peius means that a person should not be placed in a worse position as a result of filling an appeal) should be respected both in the trial of the remedy at law and the retrial of the case, after the invalidation or the repeal of the judgment, because the retrial is the consequence of the exercise of the challenge methods, and the party must have the certainty that its situation will not be deteriorated, not only in the filling of the appeal promoted but also in the preproceeding process subsequent to the admission of the appeal. Thus the principle no reformatio in peius is adjusted under the article 481 from the Code of Civil Procedure, it can't create for the appellant a worse situation that the one before the judgment under appeal, besides if he expressly consents to this one or in the cases specifically provided by law.

Suggested Citation

  • Constantin-Laurentiu, GHEORGHE, 2014. "The Principle Of "No Reformatio In Peius" In The Romanian Legislation," Management Strategies Journal, Constantin Brancoveanu University, vol. 26(4), pages 472-475.
    • Handle: RePEc:brc:journl:v:26:y:2014:i:4:p:472-475
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    Keywords

    exercise of the challenge methods; appeal; recourse; deliberately; case law.;
    All these keywords.

    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)

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