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The High Court of Cassation and Justice. The competence of solving the resettlement application on grounds of legitimate doubt

The High Court of Cassation and Justice decided that, in the case of a contestation to a forced execution started after the entry into force of the new Code of Civil Procedure, the demand for resettlement on grounds of legitimate doubt is judged in accordance with art. 142 par. 2 of the new Civil Procedure Code, according to which, if the file whose removal is required is pending before a court or tribunal of its jurisdiction, the request will be resolved by the Court of Appeal. (Decision no. 198 of the 22 January 2014, rendered by The First Civil Division of The High Court of Cassation and Justice covering negative conflict of competence).

:: The source: JURIDICE.ro

Anda Laura TĂNASE

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