Analiza temeiurilor de exercitare a recursului împotriva deciziilor instanţei de apel în procesul civil [Articol]

Abstract

The procedural legislation of the Republic of Moldova provides for different ways of remedying errors committed in the administration of justice in civil cases. They depend on the nature and seriousness of the infringement. Errors that do not concern the merits of the case can be removed by the court that adopted the judgment by correcting errors in the judgment, explaining the judgment, issuing a supplementary judgment, transferring the case held in violation of the rules of jurisdiction, terminating the proceedings or removing the application from the case if the proceedings were brought in error. The verification and correction of errors relating to the correctness of the substantive adjudication of the case, such as the merits and legality of the judgment, is not within the competence of the court that delivered the judgment. The correction of such errors is a matter for the higher courts in the context of appeals against judgments. Appeals are a fundamental guarantee of the right to a judicial defense, ensuring that judgments are lawful and well-founded.