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When the requests for refunds may be admitted on common law

High Court of Cassation and Justice has ruled that only in some cases can be resolved favorably the restitution claims based on common law or other legislation before the coming into force of Law no. 10/2001, namely:
– when the action was brought before the advent Law no. 10/2001 and did not understand the person entitled to avail itself of the provisions of the special law (Article 46);
– when the building concerning the restitution is not owned by one of the entities mentioned in art. 21 of law (self-managed company or a national company, company in which the State or a public authority is a majority shareholder, cooperative organization or other legal person governed by public law);
– in case of takeovers by expropriation, the particular situation under the provisions of Art. 35 of Law no. 33/1994, the acquisition of operated after 1994.

Otherwise, the uniform application of the law, the High Court decided that the special law enforcement removes the common law without the need for the principle to be enshrined in the text of the special law and the provisions of the special law enforcement may be refused unless they contravene ECHR The High Court also stated that, in practice its recent European Court held that dismiss the claim, based on common law, motivated by the need to ensure the consistent application of the laws of repair, is not in itself a problem “under the right angle access to a court “guaranteed by Art. 6 § 1 of the Convention, provided that the procedure laid down in Law no. 10/2001 to present as an effective right way. ( Decision no. 1108 of 21 February 2012 I delivered in Civil Appeal Division of the High Court of Cassation and Justice having as object the action claim)

>> The source: JURIDICE.ro

Daniela GHICAJANU

 

 

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