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Universul Juridic magazin

Inadmissibility of the second appeal directed against the resolution on the summary judgment of the promissory note

The reading of Article 61 (4) of Law No. 58/1934 should be currently related, in a systematic manner, to the provisions of Article 3733 of the Code of Civil Procedure. However, when the request for summary judgment is accepted, the Code of Civil Procedure expressly excludes, by Article 3733 (11) of the Civil Procedure Code, any remedy at law, including the second appeal-type remedy at law, the capacity of the person in question to challenge the enforcement being regulated under Article 399 (21) of the Code of Civil Procedure.