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Admissibility of the second appeal


Author: Munteanu Alexandru
Degree:doctor of law
Speciality: 12.00.03 - Private Law (with specification: Civil, Family, Civil Procedure Law, Notary, Business, Informational, Private International, Labour Law, Social Protection Law)
Year:2008
Scientific adviser: Alexandru Cojuhari
doctor habilitat, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 8 December, 2007
Approved by NCAA on the 17 April, 2008

Abstract

Adobe PDF document – 0.45 Mb / in romanian

Thesis

CZU 347.955/958

Adobe PDF document 1.73 Mb / in romanian
189 pages

Keywords

Admissibility of the second appeal, incorrect application of the rules of substantive law, uniform application of law, ways of appeal, conditions for the second appeal submission, judicial control, essential breach of the law, essential breach of the procedural rules, legality of the appellate court’s decisions, object of the second appeal, prerequisites of the second appeal admissibility, second appeal, cassation, tasks of the second appeal, subjects of the second appeal, grounds for the court’s decision annulment, grounds for the second appeal submission, grounds for the second appeal inadmissibility, term for the second appeal submission

Summary

The thesis represents a scientific research of the institution of admissibility of the second appeal from the perspective of its theoretical substantiation, practical applicability, compliance with the international standards, as well as its development trends.

The features and tasks of the second appeal, the notion and importance of the admissibility of the second appeal, the system of the legal facts necessary for the second appeal’s submission and their classification are subject to analysis in this thesis.

In addition, the content of the prerequisites of the second appeal’s admissibility, the legal nature, tasks and features of the examination procedure of the second appeal’s admissibility, the compliance of this procedure with the precedents of the European Court of Human Rights are investigated in the thesis.

The scientific novelty of the thesis is the analysis of the correlation between the tasks of the second appeal from the perspective of their impact on the achievement of the principles of optionality and legality in the court of cassation; marking out the means for the assurance of the uniform law application by all courts of justice; delimitation of the institution of admissibility of the second appeal from other adjacent institutions; distinguishing of the prerequisites of the second appeal admissibility and of the conditions for its submission; formulation of the criteria for the determination of the essential breach of the law as a ground for the second appeal’s submission and for the annulment of decision; classification of the grounds of the second appeal’s submission depending on the nature of the breach and the protected interest; marking out the modern trends of the second appeal admissibility in the European states.

Based on the research performed, the recommendations de lege ferenda concerning the object, subjects of the second appeal, the term, grounds for the second appeal’s submission, the grounds for the inadmissibility of the second appeal, as well as the examination procedure of the second appeal’s admissibility are made.