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Parties intention expressed in the contract

The High Court of Justice an Cassation ruled that by using the conjunction “and “ in the following clause: “ unilateral termination of the contract by the renter will entail payment of compensation to the amount invested and reassessed against exchange rate leu / dollar “ shows that the real intention of the parties was not to establish the amount of damages exclusively by reevaluating the exchange rate leu/dollar. In what concerns the interpretation of this clause, the High Court noticed in this situation, the invested sum reported to the rate exchange leu/dollar is not the unique possibility in order to establish the damages, and other criteria to determinate the amount of damages resulted as a consequence of the unilateral termination is even the applicant’s obligation to pay the present value of the improvements made by the defendant to the owned space, determined according to the technical expertise. ( Decision no. 2491 from 15th of May 2012 pronounced in appeal by the Civil Department II of the High Court of Justice and Cassation having as object termination of an association contract ).

>> The source: JURIDICE.ro

Daniela GHICAJANU

 

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