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The prior procedure of direct conciliation. Annulment reasons

The judges from the High Court of Cassation and Justice appreciated (in the Decision no. 2034 from 25th May 2011 rendered on appeal by the Commercial Department of the High Court of Cassation and Justice  having as object demands) that, concerning to the commercial disputes which have a pecuniary evaluation, the previsions of Article 720 paragraph 1 from the Procedural Civil Code referring to the prior conciliation procedure, are mandatory, but, the terms, conditions, place, means and ways of expressing the parties’ will and also the concrete content of the documents do not represent mandatory conditions requested by the law, they are just a recommendation of the legal text mentioned above; in  this case the alleged breach does not automatically  lead to the annulment of the prior conciliation, only in the situation when the part can prove a concrete injury. Because this request is not present in the case brought to the jury, the High Court rejected the appeal called by the defendant, as indefeasible.

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Daniela GHICAJANU

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