Post by account_disabled on Jan 8, 2024 10:07:13 GMT
Aart. para. in the matter of the appeal art. para. in the matter of the appeal art. in the matter of the annulment appeal art. para. in the matter of revision provide that these appeals are motivated by the request for declaration itself or within the term for exercising it under the penalty of forfeiture or nullity as the case may be. . Another argument invoked in support of this opinion is the provisions of art. para. from Government Ordinance no. according to which if the law does not provide otherwise the decision by which the complaint was resolved can only be appealed and the reasons for the appeal.
Are not mandatory the reasons for before the court it is argued Country Email List that this norm represents a derogation from the rules inscribed in the Code of Civil Procedure regarding the motivation of appeals being of strict interpretation and application and if the legislator had appreciated that the contraventional complaint could be motivated even after the day deadline from the date of handing over or communicating the minutes would have inserted an express mention to this effect in the content of the normative act as it did in the case of the appeal.
In support of the opinion according to which in the case of nonmotivation of the contravention complaint within days from the handing or communication of the report the violator loses the right to invoke other aspects of the illegality of the report apart from those provided by Art. of Government Ordinance no. under the penalty of nullity which the court can find ex officio the provisions of art. para. of the Code of Civil Procedure according to which when a procedural right must be exercised within a certain period failure to comply with it entails forfeiture of.
Are not mandatory the reasons for before the court it is argued Country Email List that this norm represents a derogation from the rules inscribed in the Code of Civil Procedure regarding the motivation of appeals being of strict interpretation and application and if the legislator had appreciated that the contraventional complaint could be motivated even after the day deadline from the date of handing over or communicating the minutes would have inserted an express mention to this effect in the content of the normative act as it did in the case of the appeal.
In support of the opinion according to which in the case of nonmotivation of the contravention complaint within days from the handing or communication of the report the violator loses the right to invoke other aspects of the illegality of the report apart from those provided by Art. of Government Ordinance no. under the penalty of nullity which the court can find ex officio the provisions of art. para. of the Code of Civil Procedure according to which when a procedural right must be exercised within a certain period failure to comply with it entails forfeiture of.