HCCJ. Personal estate Action. Resolving Competence

The High Court of Cassation and Justice decided that, action seeking a declaration of the validity of an agreement concluded with regard to a property and a judgment that takes place of an authentic act is a personal action and therefore resolving power is not determined according to art. 117 NCPC applicable to shares of real estate, but according to common law provisions of art. 107 NCPC, according to which the request is made at the defendant’s domicile. High Court also stressed that since these rules represent relative jurisdiction, ignoring them can be relied on the plea of ​​lack of jurisdiction only by the defendants and only until the first day of the trial, the court otherwise remaining competent to hear the case, due to the defendant’s decay of the right to invoke a relative exception. (Decision no. 842 of 13 March 2014 rendered in appeal by The First Civil Division of The High Court of Cassation and Justice with regard to finding the validity of an agreement related to a property)

:: The source: JURIDICE.ro

Anda Laura TĂNASE

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