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HCCJ. The successor of the deceased part is also affected by obsolescence

The High Court of the Cassation and Justice has ruled that the successor of the deceased part is also affected by the obsolescence sanction during the lawsuit, because the successor is entitled to take over the rights and obligations of his author, continuing his personality (although it is strictly a juridical fiction), which gives him the possibility to carry out the procedural acts meant to influence the favorable progress of the trial, interrupting the course of the obsolescence, and the option to demand the reinstatement of the case, following the conditions provided in art. 244 par. 2 CCP (art. 413 par. 2 NCCP). In this case, the High Court has stated that the recurrent’s allegations regarding the successor’s legitimacy to attack the court resolution on the adjournment of the trial are not valid, on the reason that the court has not yet pronounced on his locus standi and on the fact that he should be brought to court, because he is not a third party, but a successor in title of one of the parties, the recurrent is held to know and respect the measures the court has taken and she cannot pretend that she is not acquainted with the resolution on the adjournment of the trial, based on the prescriptions of art. 244 par. 1 pt. 1 CCP (art. 413 par. 1 pt. 1 NCCP) (the Decision no. 1375 of the 14th of May 2014 pronounced in recourse by the Civil Section 1 of the High Court of Cassation and Justice, covering the action for recovery of possession)

:: The Source: JURIDICE.ro

Alexandra DOBRIȘAN

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