HCCJ. File an appeal by way of a derivative action. Terms

High Court of Cassation and Justice has decided that a particular form of manifestation of an derivative action represents and lodging an appeal, because, otherwise, would remain illusory approach to achieve creditor claim if it could only promote action, replacing the obligator, and not to exercise remedies (which remained unused because of the passivity of the debtor, it would create artificially a state of insolvency). In this regard, the High Court observed that, in the sense of Art. NCC 1560 in order to justify the exercise of the appeal, the person must demonstrate, first, the quality of the lender which claims to be his debtor, and that has an outstanding debt and chargeable against it and, subsequently, other conditions relating to the insolvency of the debtor and his inactivity. (Decision no. 3093 of November 12, 2014 I passed the Civil Appeal Division of the High Court of Cassation and Justice, seeking a declaration of nullity of a contract of sale logged in).

:: The Source: JURIDICE.ro

Oana-Maria CHIRIȚĂ

Related posts