The High Court of Cassation and Justice decided that, in accordance with art. 145 para. 3 a) and para. 8 of the Fiscal Code, and point 48 of the Implementing Rules of Fiscal Code, in order to admit tax deductibility… Read moreHCCJ. Conditions for tax deductibility of management and consultancy services
The High Court of Cassation and Justice decided that the action brought by a third covering partial annulment of the provision issued by the Municipality of Bucharest ordering the restitution in kind of a property as a result of voluntary… Read moreHCCJ. Action in declaration of partial nullity of the provision for restitution
The High Court of Cassation and Justice decided that under the new rules governed by art. 643 of the new Civil Code it is permitted to introduce action for recovery by a single co-owner or by a few of them, without… Read moreHCCJ. Action for recovery of possession introduced by a single co-owner. Admissibility
* see also the debate “Unfair clauses, Swiss Francs and so forth” [DEZBATERI.JURIDICE] The High Court of Cassation and Justice decided that the negotiated character of a credit agreement cannot be assessed by simply signing the contract, since in the case… Read moreHCCJ. Evidence of negotiation in a credit agreement
The High Court of Cassation and Justice – Panel for unraveling matters of law – decided in its meeting from Monday, June 8, 2015, that admits the referral made by the Court of Appeal Pitesti – Second Civil Section, administrative and fiscal… Read moreHCCJ. Unravelling matters of law related to the term “banking financial companies”
The High Court of Cassation and Justice decided that in accordance with Art. 245 pt. 1 Civil Procedure Code (Art. 415 pt. 1 NCPC), the judgement restarts through the application for opening made by either party when it was suspended by… Read moreHCCJ. Request for a retrial lodged by the applicant. Effects on the counterclaim
The High Court of Cassation and Justice decided that if absolute nullity of a decision of the general meeting of shareholders which was the basis for concluding the sale contract was found, this can not have legal consequences on meeting the… Read moreHCCJ. Conclusion of contract of sale based on a decision of the General Meeting of Shareholders subsequently found null. Effects
* 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… Read moreHCCJ. Termination of contract. Not formulating an application for reinstatement in the previous situation
* see also the debate “Abusive clauses, Swiss francs and so forth” [DEZBATERI.JURIDICE] The High Court of Cassation and Justice decided that in disputes between professionals who specialize in granting loans and non-professional consumers you can not administer other evidence than documentary… Read moreHCCJ. Finding abusive clauses in credit agreements. Evidence that may be administered
The High Court of Cassation and Justice decided that, by stating a third degree commissary pact, the parties, by their express will, replace the action for judicial termination with a conventional resolutive clause, thus that the court is not entitled to rule… Read moreHCCJ. Application of the third degree commissary pact
