EIRP Proceedings, Vol 2 (2007)

Abstract

The art. 302 (1) of The Civil Procedure Code the way it was modified throug art. I pct. 9 al O.U.G.
58/2003, and modified through art. I, pct. 6 Law 195/2004 contains the mentions which are mendatory in a
petition for the last appeal. If they are not applied, the sanctions in the annulement of the petition.
This disposal refers to:
· The name of the petitionar, the address or the residence, the place and the registration number for
the juducious persons
· The decision that in appealed
· The reasons of illegitimacy which are contained in the appealed decision.
Because the way they were worded gave debates all through the appeal courts in the country, The
Constitutional Court was informed that the disposals of the article 3021 of The Civil Porcedure Code were used
in different ways in each Court of Appeal.
All the petitions were regarding the difference between the way the legislative saw the application of
the dispozitions mentioned above, and the way the Courts of Appeal in the country apply the same
dispozitions.(decision 176/2005 of The Constitutional Court).
Even though The Constituional Court has ordered since 2005 that the right meaning and application of
the legal dispositions is the one mentioned by The Legislative, the problem still stands because the Courts have
problems in accepting that oppinion, which gives the petitionar the posibility to coplete his demands later.