Cap. 12 · Code Of Organization And Civil Procedure (Cap. 12)
Cap. 12 чл. 235No appeal ab omissa decisione.
Title VI
Where a court of first instance omits to determine any of the claims brought forward, no appeal shall lie ab omissa decisione:
Provided that it shall be lawful for each of the parties, within the time of fifteen days from the date of the judgment, by means of an application, to request the court of first instance to determine such claim; and upon such application, the parties being summoned anew, the court shall adjudge upon the claim; in such case, the time for entering appeal from the whole judgment, or from any part thereof, shall commence to run from the day of the last judgment: Provided further that it shall be lawful for each of the parties, at any time, to sue by sworn application before the court of first instance for a decision on the claim the determination of which had been so omitted.
История на изменения
- Amended by XXII.2005.39