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HCCJ. Suspension of the limitation period during negotiations in order to resolve the dispute amicably

The High Court of Cassation and Justice decided that, in accordance with Art. 203 of Law no. 71/2011 for the implementation of the Civil Code, the provisions of art. 2532 sections 6 and 7 of the Civil Code, related to the suspension of the limitation course also applies if prescriptions were initiated before the entry into force of the Civil Code, if the circumstances that attract the suspension occurred after that date. Thus, according to art. 2532 section 6 of the Civil Code, the limitation period does not begin to run, and, if commenced, it shall be suspended for the duration of negotiations held in order to resolve the disagreements amicably between the parties, but only if they have been kept in the last six months before the expiry of the limitation period. The High Court held that the meaning of the text is that the suspension of the limitation period can only occur if negotiations between the parties have been held in the last six months before the expiry of the limitation period, not being possible to accept the appellant’s interpretation in the sense that the limitation period had to be extended with six months. (Decision no. 317 of 30th January, 2014, rendered in appeal by the First Civil Division of the High Court of Cassation and Justice covering tort liability action)

:: The source: JURIDICE.ro

Anda Laura TĂNASE

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