Wrong appeal as a result of the inaccurate

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Aprinciple of the legality of the right of appeal enshrined in para. of art. of the Civil Procedure Code. In the event that the court would proceed in all situations to reclassify the appeal thus determining the running of a new term for the declarationreasoning of the appeal provided by law the party would be entitled to exercise any appeal against the court decision independently by the applicable legal provisions and by the correct mention in the operative part of the contested decision. However the mentioned text does not provide for the partys.

Generic right to exercise an appeal but its right to exercise the appeal Country Email List provided by law. Moreover such an interpretation would legitimize the possibility of the party that does not exercise within the term provided for by law the right of appeal indicated in the contested judgment to declare a wrong appeal and after the automatic requalification to be reinstated within the term of declarationreasoning of the appeal of appeal without there being any procedural reason for such a reinstatement within the deadline. As a result the requalification of the appeal under the conditions of art. para. of the.



Code of Civil Procedure can only be ordered when the party has exercised a mention or lack of mention in the challenged decision regarding the appeal that must be exercised because only then is justified from a procedural point of view the running of a new term for the declarationreasoning of the legal appeal. This means that if the party names the right of appeal incorrectly although it was correctly indicated by the court the provisions of art. para. and art. of the Civil Procedure Code as a rule of common law. In such a situation the court.