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Failure to direct conciliation procedure should be invoked on the first day of appearance

High Court of Cassation and Justice ruled that failure requirements of art. 7201  Civil Procedural Code on direct conciliation procedure leads to dismiss as premature only if the defendant is alleged irregularity on the first day of the hearing. This conclusion follows from the fact that if the defendant does not invoke the onset of irregularity process convened later after acknowledging the claims, the supporting documents and taking of evidence, not subsist injury to aim to regulate this procedure, since the parties may at any time during the development process to resolve conflict amicably. ( Decision no. 3138 of 12 June 2012 issued the appeal of Section II Civil High Court of Cassation and Justice having as object contractual obligations )

>> The source: JURIDICE.ro

Daniela GHICAJANU

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