RECURSUL INCIDENT ŞI RECURSUL PROVOCAT REGLEMENTATE DE NOUL COD DE PROCEDURÃ CIVILÃ PRIN PRELUAREA INSTITUŢIILOR OMONIME DIN PROCEDURA CÃII ORDINARE DE ATAC A APELULUI

The Romanian Civil Procedure Code currently in force regulates, among others, the cross-appeal and the caused appeal, but these remedies are not regulated in the hypothesis of the (extraordinary) second appeal. The new Romanian Civil Procedure Code (published on 15 June 2010, but not yet in force) enacts both the caused cross-appeal and the caused cross-second appeal. After presenting the new regulation, the authors consider that, while the cross-/caused appeal is justified (since the appeal is a devolutionary remedy), the cross-/caused second appeal is not justified, since it is not compatible with the specific nature of the extraordinary second appeal.