Interruption of the limitation period by acknowledging the debt

The High Court of Cassation and Justice has ruled that an act of acknowledging a debt which juridically operates must emanate from the statutory administrator and not from an agent of the society, because the administrator is empowered to assert the society’s will. In this case, The High Court has stated that the acts considered by the recurrent as being interruptive of limitation period are only material acts through which are communicated numbers that had been read in the commercial register by a person from the accountancy department. This person, in default of an express mandate, doesn’t have the right to assert the society’s will, so, regarding these conditions, the legal provisions of the Article 16 of the Decree no. 167/1958 on the interruption of the limitation period cannot be applied. (Decision no. 2487 from 2014, 27th  June pronounced in appeal by the Civil Section II of the High Court of Cassation and Justice, covering claims)

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Cosmina Sima

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