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High Court of Cassation and Justice. Request to distribute estate assets. Territorial jurisdiction

The High Court of Cassation and Justice ruled that, according to the provisions of art. 13, Code of civil procedure (art. 117, New Code of civil procedure), the competency to solve the request to distribute estate assets, including immovables, after the succession proceedings, falls within the jurisdiction of the courthouse situated in the same area as the immovables. The High Court stated that the rule instituted by art. 14 of the Code of civil procedure (art. 118, New Code of civil procedure) which establishes the jurisdiction of the courthouse near the last place of residence of the deceased does not apply in this particular case, as it generally applies only before the succession proceedings are finalized. (Decision no. 117, 16th January, 2014, rendered in second appeal by Section I – Civil of the High Court of Cassation and Justice)

:: The source: JURIDICE.ro

Andreea BANU

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