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HCCJ. The act which interrupts the course of limitation period. Conditions for admissibility

The High Court of Cassation and Justice has ruled that a legally binding act which acknowledges a claim has to be given by the statutory administrator, because the latter is authorized to express the society’s will, and not by some of his agents. As for the cause in discussion, the High Court has stated that those acts are simply some kind of material acts, although the recurrent has considered them as being able to interrupt the course of limitation period. Thus, those acts show some figures, which were read in the trade register, by an employee from the bookkeeping department, which has no right to express the society’s will, without being empowered by a formal power of attorney. (Decision no. 2487 of the 27th of June pronounced in recourse by the Civil Section 2 of the High Court of Cassation and Justice covering demands).

:: The source: JURIDICE.ro

Alexandra DOBRIȘAN

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