High Court of Cassation and Justice. Action for damages caused by malpractice

The High Court of Cassation and Justice decided that, in accordance with the dispositions art. 676 of Law no. 95/2006, the competent court to resolve the disputes involving covering tort liability for malpractice is the court in whose jurisdiction the reported… Read moreHigh Court of Cassation and Justice. Action for damages caused by malpractice

The High Court of Cassation and Justice. Assignment of receivables signed by a company in judicial reorganization

The High Court of Cassation and Justice decided that the takeover of a debt by a company in judicial reorganization through a debt assignment contract signed by the special administrator under the supervision of the insolvency administrator, does not circumscribe to the… Read moreThe High Court of Cassation and Justice. Assignment of receivables signed by a company in judicial reorganization

The High Court of Cassation and Justice. The competence of solving the resettlement application on grounds of legitimate doubt

The High Court of Cassation and Justice decided that, in the case of a contestation to a forced execution started after the entry into force of the new Code of Civil Procedure, the demand for resettlement on grounds of legitimate… Read moreThe High Court of Cassation and Justice. The competence of solving the resettlement application on grounds of legitimate doubt

The High Court of Cassation and Justice. Claims arising after the opening of insolvency proceedings. Prescription of the right of action

The High Court of Cassation and Justice decided that the provisions of Article 36 from the Law no. 85/2006 stating the suspention of all the judicial and extrajudicial actions for achieving claims against the debtor’s estate or his property from the moment… Read moreThe High Court of Cassation and Justice. Claims arising after the opening of insolvency proceedings. Prescription of the right of action

The High Court of Cassation and Justice. Restitution of the amount borrowed vs. the conversion of debts into shares

The High Court of Cassation and Justice decided that if in the financing contract  the parties agreed to provide two options for recovering the amount funded by the lender, respectively: either by ordering the restitution of the amount borrowed and… Read moreThe High Court of Cassation and Justice. Restitution of the amount borrowed vs. the conversion of debts into shares