HCCJ. The different cause of statement of claims

The High Court of Cassation and Justice has ruled that a different cause of the statement of claims, regardless of the fact that their finality – the annulment of the act – is similar, does not justify the use of claim preclusion. The High Court stated that in what concerns the cause, one must take into consideration the legal ground of the right harnessed through the request. What is more, the cause of the statement claim ought not to be brought down solely to the basis of the legal relationship subjected to trial, but also to the legal reasons of the request. Should the first judgment solve the same litigation on a different legal ground, the claim preclusion cannot exist.

(Decision no. 3125 of the 16th of October 2014 pronounced at appeal by Civil Section II of the High Court of Cassation and Justice, covering acts annulment)

:: The source: JURIDICE.ro

Andreea LUCACI 

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