Principiul unicităţii căii de atac – expresie a corelării diferitelor cereri formulate în procesul civil

Rezumat

The article analyzes the principle of uniqueness of appeal in civil proceedings. The right to use an appeal is unique, exhausted by its very exercise. The interested party cannot use an appeal against the same decision several times, so it cannot be judged several times in the same appeal.
In order to respect the principle of uniqueness of the appeal, it is necessary to fulfill cumulatively some conditions: the law must provide the same term of exercise; the unitary term has to refer to all the reasons that can be invoked; the time limit and the reasons must relate to the date of the declaration of that appeal.
Per a contrario, in case the law would provide a different deadline, for certain reasons, the same appeal could be exercised several times.