The review - an appeal in disguise or a means of defense in the civil procedure?
Journal Title: Revista Institutului Național al Justiției - Year 2016, Vol 37, Issue 2
Abstract
Review represents the extraordinary appeal, which concerns the final judgment, endowed with res judicata and may be exercised only in cases and conditions expressly established by law. The revision is a way of retraction, because it addresses to the court that resolved the case, asking him to reconsider the decision under appeal. Retraction of a final judgment may cause serious effects on the parties and the civil legal rapports. Therefore, the law admits the revision only in cases strictly defined by law. On the other hand, the review is an important procedural remedy to remove those exceptional circumstances that caused a decision to be vitiated in substance. However, the review should not be considered an appeal in disguise, and the existence of two different views on the same matter is not a ground for re-examination. Grounds for revision are provided exhaustively in art. 449 CPC. Admission to review for other ground would breach legal certainty, and consquently the violation of Article 6 § 1 of the Convention.
Authors and Affiliations
Cristina Troianovschi
Keywords
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