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HCCJ. Action in rescission of a lease contract. The territorial competent court

The High Court of Cassation and Justice ruled that, according to the provisions of Article 10 point 1 Civil Procedure Code (Article 113 point 3 New Civil Procedure Code), besides the court from the domicile of the defendant, there are also competent the following courts: in the demands regarding the enforcement, invalidation, rescission or termination of a contract, the court from the place stated in contract for the enforcement, even in part, of the obligation. In the particular case, because the action has as object the rescission of a lease contract, the High Court said that, the enforcement of the contract being done on the leased fields, the territorial competence belongs to the court from the place where these fields are located, the court noticed also by the statement of claim, taking into consideration also the provisions of the Article 12 Civil Procedure Code (Article 116 New Civil Procedure Code) which state clearly that the claimant can choose between many equally competent courts. (Decision no.3574 from 25 October 2013 ruled in appeal by the Second Civil Section of the High Court of Cassation and Justice having as object the resilience of a lease contract)

:: The Source: JURIDICE.ro

Raluca-Andreea TRÎNCĂ-GĂVAN

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