Abstract: Art. 297 par. t Civil Procedure Code, in the wording given by O.U.G. no. No 138/2000 and O.U.G. 59/2001 assures the solution for solving the substance of the case in appeal. The situation covered by the text of the law is that the first court gave judgment admitting an exception for confirmation ("rejected or canceled the request for summons without going into research of the substance of the case") and the appeal court, considering wrong this solution, allowed the appeal and rule on the substance ("solving the substance of the claim").

Keywords: solving the substance of the claim, appeal, solution.