The High Court of Justice and Cassation decided that the observing action proceeded through the article 111 from the civil procedure Code which has as object the observing action regarding the title of associate and manager at a company, as the applicant had to hand in realizing the right way, that an action under the provisions of the article 22 of Law no. 26/1990 on the trade registry entries that the registration can be done at the request of interested persons not later than 30 days after they have known that the act or subject to registration. The High Court stated that through his demand the claimant did not solicited to observe the existence of any of his rights or the inexistence of any rights of the defendants that the action to be admitted, but he tried to use some legal documents under the control of the institution in charge to process the application for registration in the commercial register, which does not attract the provisions of the article 111 from the civil procedure Code.(Decision no. 582 from 9th of February 2012 pronounced in appeal by the Civil Section II from the High Court of Justice and Cassation having as object an observing action).
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