Joinder of claims governed by two Civil Procedure Codes

High Court of Cassation and Justice has decided that after joinder of two claims, there are not two lawsuits concerned, but only the one, which is on the register of the court that was primary invested and that should apply only one procedural rule. Therefore, in the situation of joinder of two different claims governed by both Civil Procedure Codes, as an effect of the related joinder, the assigned sheet to the last invested instance loses its own individuality, and even if the applications are to be disposed separately, the lawsuit is only one and, as far as it began before the entry into force of the New Civil Procedure Code, this do not apply to it, according to the rule established by Art. 3, Par. (1) of the Law no. 76/2012, but the Civil Procedure Code from 1865 (Decision no. 1535 from June 4, 2015 gave on appeal by the Second Civil Section of the High Court of Cassation and Justice).

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Andreea Vicovan

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