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HCCJ. The Interest – condition of exercise of the civil action

High Court of Cassation and Justice ruled that the interest, understood as a condition of exercise of the civil action, it has no material or moral interests to take into account that forms the subjective right substance, but justification to invoke and track the path of judicial approach promoted, a certain practical use. In this case, the applicant has a contract assignment that took debt to seize an under-performing bank debt and subsequently brought an action for declaring nullity of the contract of assignment, citing the absence of the claim at the time of the contract. Instance court dismissed as irrelevant the action, holding that the applicant is not a legitimate interest in promoting the action as long as the transfer payment was not performed in order to retain its heritage harm. On appeal, the High Court held that, under the transferee steps to capitalize claim became unenforceable due to lack of the claim at the time of contracting, the condition of its interest in an action of nullity of the contract of assignment of debt it is the only legal means at its disposal to settle the debt taken. (Decision no. 313 of 31 January 2014 issued in appeal of Civil Section II of the High Court of Cassation and Justice seeking a declaration for void contract of assignment of debt)

:: The source: JURIDICE.ro

Ingrid-Andra BUSUIOC

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