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High Court of Cassation and Justice: The belated modification of the introductory request

The High Court of Cassation and Justice ruled that, due to the supplementary character of the rule instituted by article 132 paragraph (1) of the Code of civil procedure, regarding the moment up until the plaintiff can modify the request, the defendant had the possibility to invoke its breaching before the first term following the irregularity. Therefore, the defendant cannot invoke, in appeal nor in second appeal, this exception, due the expiration of the statute of limitations. (Decision no. 3092 of the 8th of October, 2013 rendered in second appeal by the Section II – Civil, High Court of Cassation and Justice, seeking annulment of contract of sale)

NOTE: According to the provisions of article 204 paragraph (1) of the new Code of civil procedure, the plaintiff can modify the request and bring new evidence into trial only before the first term when he/she is subpoenad; therefore, a statute of limitations will determine this particular situation. Furthermore, in accordance with article 204 paragraph (3) of the new Code of civil procedure, any modification made outside the legal term instituted by paragraph (1) shall be expressly approved by all parties involved.

:: The source: JURIDICE.ro

Andreea BANU 

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