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Executory character of a title

The High Court of Cassation and Justice has ruled that, in accordance with art. 3 of Law no. 190/2004, the concession contracts for agricultural land agreements with A.D.S. may be enforceable only to pay the fee, within the time and in the manner set out in the contract, not for penalties related to it, contrary interpretation representing an addition to the law. The High Court noted that the appellant relied on accessory based on implication which would have operated if the legislator would be limited to generally executory regulation by way of concession contracts, without enforceability based on circumstance, as in this case, the royalty. (Decision no. 2302 of 14 June 2011 in Civil Appeal Division I of the High Court of Cassation and Justice covering enforcement appeal)

: The source: JURIDICE.ro

Dan Alexandru NEGRU

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