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HCCJ. Termination of contract. Not formulating an application for reinstatement in the previous situation

* see also the debate “As if nothing had happened: putting the parties in the previous situation” [DEZBATERI.JURIDICE]

The High Court of Cassation and Justice decided that reinstatement in the previous situation of the contracting parties as a result of the disposition of judicial termination is a distinct demand, self-contained, that should be brought before the court, without which the court may not apply the restitutio in integrum principle. The High Court stated that, in the event that, following the admission of the request for judicial rescission, the court would decide reinstatement in the previous situation of the contracting parties, unless a specific request of the applicant is made, it would defeat both the availability principle and the adversarial principle and the right of defense of the opposing party, who would be unable to make defenses in other applications than those contained in the application for summons. (Decision no. 224 of 28 of January 2015 rendered in appeal by the Second Civil Division of The High Court of Cassation and Justice, covering termination of preliminary contract of sale)

:: The Source: JURIDICE.ro

Anda-Laura TĂNASE

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