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HCCJ. The judge is obliged to insist for finding the truth

The High Court of Cassation and Justice decided that can not be accepted the viewpoint of the appellant applicant meaning that once the defendant agrees to uphold the action, the court is obliged to accept the application. The High Court said that this would mean the court to legalize any application, even if they are not complied with the law, only because that the defendant has agreed on the applicant’s request, leading to violation of Art. 129 para. (5) Civil Procedure Code (art. 22 par. 2 NCPC), according to which “judges have the duty to insist, by all legal means, to prevent any mistake regarding the finding of the truth”. (Decision no. 4340 of 5 December 2013 rendered in appeal by the Second Civil Division of The High Court of Cassation and Justice, covering obligation to conclude a contract of sale on a land)

:: The Source: JURIDICE.ro

Anda Laura TĂNASE

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