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Acompetent to resolve the appeal will proceed to qualify it according to the latter provisions without however as a result of this qualification running a new term for the declaration respectively the reasoning of the appeal provided by law there being no legal basis for the postponement. In other words the requalification of the appeal provided by art. para. of the Code of Civil Procedure is not to be confused with the legal institution of the qualification of the request as regulated by art. para. related to art. of the.

Civil Procedure Code. To the extent that the request does not contain enough Country Email List elements to allow the court to qualify the appeal formulated as the one provided by law or the party insists on the name originally given to the appeal it will be rejected as inadmissible pursuant to art. para. of the Civil Procedure Code. Finally for a better determination of the extent of the effects of this decision it is useful to highlight the terminology used by the legislator in the content of art. of the.




Civil Procedure Code in terms of the distinction between the not provided for by law appeal and the legal appeal. Thus in the first sentence of para. of this article the phrase appeal not provided for by law can be found in the context of the exercise of such an appeal by the party in consideration of the inaccurate mention in the judgment a phrase that is opposed in the last sentence of the same paragraph to the phrase appeal attack provided by each of the paragraphs of art. of the Code of Civil Procedure entitled Legality of appeal. Contrasting these expressions results in the meaning given by the legislator.