Grounds for recurs in Romania — complete list art. 488 NCPC
Recurs can only be exercised on the limited grounds listed in art. 488 NCPC. It is not a third hearing on the merits — the court checks legality only.
Grounds for recurs — art. 488 NCPC
Recurs is strictly limited to the 8 grounds in art. 488 NCPC: absolute incompetence, violation of adversarial principle, lack of reasoning/contradictory reasoning, wrong interpretation of the legal act, incorrect application of substantive law, contradictory operative part, procedural form violation, and excess of judicial power. Incorrect assessment of evidence is not a recurs ground — it belongs to the merits. New arguments not raised below are inadmissible. Deadline: 30 days from communication of the appeal judgment. Use the procedural terms calculator.
General information only — this does not constitute legal advice. Data sourced from portal.just.ro, updated daily.
Frequently Asked Questions
Not directly. Assessment of evidence belongs to the merits courts. In recurs you may only argue that the court entirely ignored the report without reasoning (lack of reasoning ground) or misinterpreted a clearly worded legal act.
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