Number of aspects relating to appeals in civil cases reviewed

Into the Interpretative Decision N: 1 of 12.09.2013 of the SCC has been given answer to number of questions related to the powers of supervisory court instances in appeals of rulings and decisions ahead.

Supreme Court Judges clarify the scope of the second instance and indicate that the appeals court is not limited in its application of that when the next official interest of any party to the case.

In this sense, the SCC held that the verification of the correctness of the judgment at first instance may be given mandatory substantive rule even if its violation was not introduced as a ground for appeal.

Examining the activities of the appellate court, the SCC stated that it is not a repeat of first instance, only a continuation and therefore the appellate court did not follow its own motion made by the first instance court procedural irregularities in reporting the case.

Supreme Court Judges indicated that the appellate court is required to gather evidence that is collected automatically by the court if it is implemented complaint allowed in the first instance procedural violation or if the evidence is necessary for official application of mandatory substantive rules.

Supreme Court Judges pay attention to the question of how are current principal positions displayed in Interpretative Decision N: 1 of 2000. Has expressed the opinion that under the new Civil Procedure Code objections to repayment and acquisitive prescription can be introduced for the first time on appeal only if the litigant due to violation of the court rules, could not have told them first instance.

Current interpretations are on when can be claimed for the first time on appeal and set-off defense of lien.

In connection with the constitution of the litigants in the interpretative decision stated that if the first instance was not constituted as a  necessary party whose participation in production is required, the appellate court should invalidate as inadmissible first instance decision and remit the case to the trial court for new hearing with the participation of the necessary party.

The cassation instance should invalidate the appellate decision if it finds that the application is incorrect because a contradiction between the factual part, which sets out the allegations pointing interest in bringing proceedings to seek protection against a specific person, and whatsoever the relief sought against another person.

With regard to acts of first instance, subject to appellate review, the SCC determined that cannot be appealed first instance court‘s refusal to accept a joint processing step in the action.

On the other hand, may appeal, rejecting a request to increase the claim is not brought as a partial, and the definition / order of the first instance court, which was returned due to a cross-application outstanding guidelines to eliminate its irregularities .

As regards the scrutiny by the cassation instance, are not subject to such acts  CFI judgment that is discharged and the case was terminated if the claim is below 5000 lev in civil cases, respectively, less than 10 000 Levs in commercial matters.

Subject to cassation appeal the acts of the appellate court, which upheld the lower court‘s ruling, which was denied mainly constituted of an intervener, but not those with which it has upheld the lower court definition of refusing to constitute a third party facilitator.

By continuing to lists acts of the appellate court on which the cassation instance may control, the SCC stated that these are the definition of the appellate court confirming order of the first instance to terminate the proceedings because of lack of jurisdiction of the dispute, but not those confirming order of the Court, which was rejected based on objection of lack of jurisdiction.

Shall not be subject to appeal and the definition on the grounds of art. 122 of the Civil Procedure Code given in a dispute over jurisdiction between the courts.

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