Established by it regardless of the mentions in its provision

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ACode of Civil Procedure which regulates the procedure to be followed in the event of requalification of the appeal in a different scenario than the present one. On the contrary other courts proceeded to reclassify the wrongly formulated appeal noting that the provisions of art. para. of the Code of Civil Procedure do not restrict the right of the judge to proceed with the requalification of the appeal limiting it only to the hypothesis provided for in par. of the same article. III.

The legal provisions subject to the interpretation of the High Court of Cassation and Country Email List Justice The High Court of Cassation and Justice is called upon to interpret with a view to uniform application the following legal provisions Code of Civil Procedure Art. . The request for summons or for the exercise of an appeal is validly made even if it bears the wrong name. Art. . The court decision is subject only to the means of appeal provided by the law under the conditions and terms. The inaccurate mention in the content of the decision regarding the appeal opened against it has no effect on the right to exercise the appeal provided by law.




If the court rejects as inadmissible the means of appeal not provided for by law exercised by the interested party in consideration of the inaccurate mention in the decision regarding the means of appeal the decision pronounced by the court of judicial control will be communicated ex officio to all the parties who they took part in the judgment in which the contested decision was pronounced. From the date of communication if applicable the term for exercising the right of appeal provided by law begins to run. When.