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Assignment rights litigation. Interdiction for lawyers

The High Court of Justice and Cassation decided that the previsions of Article 1309 Civil Code (Article 1653 New Civil Code) which fixes the special incapacity of judges, prosecutors and lawyers to obtain claims litigation which are in the competency of the Appeal Court in which area they develop their activity, also can be applied if the claimant is a company having as unique associate a lawyer. In this case, the High Court annulled the contract of assignment for the claim litigation proved that through this company, having as unique associate a lawyer, aimed to ban provided for in art. 1309 Civil Code and thereby circumvent the law knowingly. (Decision no. 967 from 24 February 2012 pronounced in appeal by the Civil Section II from the High Court of Justice and Cassation having as object absolute nullity of the claim litigation assignment contract)

>> The source: JURIDICE.ro

Daniela GHICAJANU

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