HCCJ. The partition of movable and immovable assets. Negative conflict of jurisdiction

The High Court of Cassation and Justice ruled that, in the situation when initially the plaintiff through the request to set the case for trial has solicited the partition not only of movables, but also of an immovable asset, which, according to the Art.13 alin. (1) Civil Procedure Code (Art.117 New Civil Procedure Code) makes the court from the place of the immovable property competent to solve the case, and, after, at the first term of judgment, the plaintiff modifies its request, by renouncing at the claim regarding the partition of the immovable property, there is no legal reason for the court from the place of the immovable property to remain the competent court for decision, imposing the sending of the case to the court of the defendant’s residence for settlement. (Decision no.381 of 5th February 2014 pronounced by the First Civil Division of the High Court of Cassation and Justice covering negative conflict of competence)

:: The source: JURIDICE.ro 

Raluca-Andreea TRÎNCĂ-GĂVAN

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