HCCJ. The inappropriate examination of the merits of case by the Court of Appeal

The High Court of Cassation and Justice ruled that the resolution of a synallagmatic agreement is based not only on the binding force of the contract, but also on the concept of cause and simultaneity of the enforcements of the obligations resulting from the contract. In the concrete case,  the High Court said that the appellate court listed only formally the conditions required by law for resolution, without a concrete and effective analyze of the mutual obligations assumed by parts, and the gravity of the their non-enforcement, which can not justify the solution stated by the court, of confirming the judgment on the merits by dismissing the action in resolution of a sale-purchase pre-contract brought by the pre-contractor buyer. As a result, in this situation, it becomes applicable Article 304 point 7 Civil Procedure Code (Art. 488 line 1, point 6, The New Civil Procedure Code), the motivation of the appeal court being considered as an inappropriate examination of the merits of cause, which leads to the cassation of the judgment and the dispatch of the cause to retrial. (Decision no. 3893 from 5th December 2014 ruled in recourse by the Second Civil Section of the High Court of Cassation and Justice having as object the resolution of a sale-purchase pre-contract )

:: The Source: JURIDICE.ro 

Raluca-Andreea TRÎNCĂ-GĂVAN

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