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HCCJ. Sharing assets of the succession. Resolving jurisdiction

High Court of Cassation and Justice has ruled that, in accordance with art. 117 para. (3) NCCP, current regulation establishes the court from the place of the building for applications of judicial division of a building, unless indivision is resulting from succession. Therefore, in succession, until exit from indivision, jurisdiction belongs exclusively to the court of the last domicile of the deceased, as is clear from the provisions of art. 118 from NCCP. The High Court also stated that if were made request for summons, which concern several legacy open successively, court jurisdiction will belong to any of the deceased’s last domicile, the applicant is one who has, according to article no. 116 NCPC option to choose between equally competent courts. (Decision no. 1195 of April 8, 2014 issued by Division I of the High Court of Cassation and Justice covering negative conflict of competence)

:: The source: JURIDICE.ro

Ingrid-Andra BUSUIOC

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