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HCCJ. Passive capacity to stand trial

The High Court of Cassation and Justice has ruled, in respect to capacity to stand trial, that it can be defined as one of the requirements to be fulfilled if bringing a civil action, and it can be seen as a consequence of the parties being subjects to the litigious legal relation which is subjected to trial. Here, the High Court  has appreciated that the plaintiff asked, in virtue of the civil action that we were talking about, the defendant to be bound at restoring the goods that the former had given to her be means of some assessment reports that she presented as a defense. Thus, the relation between the defendant’s capacity to stand trial and the litigious legal relation has been proven. However, the court of appeal, breaking the principle of disponibility and the dispositions of art. 129 para. (6) from the new Code of Civil Procedure, has analyzed the defendant’s standing from the perspective of some financial leasing contracts which the plaintiff did not argue as a source of the restitution obligation, but only as a title deed over the goods. The same court has concluded that to these contracts, the defendant is just a third party, that they cannot be opposed to her, and that the defendant doesn’t have standing to maintain a suit. Hence, the High Court has granted a new trial, has quashed the decision and has sent the case to be judged yet again at appeal. (Decision no. 3511 of the 11th of November 2014 pronounced by Civil Section II of the High Court of Cassation and Justice, covering the “to do” obligation)

:: The source: JURIDICE.ro

Andreea LUCACI

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