The High Court of Justice and Cassation ruled that invoking in appeal the infrigement or wrong application of the provisions from article 274 paragraph 3 Code of civil procedure (regarding the judges’ right to increase or decrease the attorneys’ fee… Read moreTo what extent may consider reducing the amount of attorneys fees on appeal?
The High Court of Justice and Cassation ruled that the list of cases to exclude members of society partnerships, limited partnerships or limited liability made by the legislator in article 222 paragraph 1 of Law no. 31/1990 (Associate, in default,… Read moreExclusion of the associate versus company disolution
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… Read moreFailure to direct conciliation procedure should be invoked on the first day of appearance
High Court of Cassation and Justice ruled that the mere fact that an unsuccessful party does not mean automatically that procedural fault is covered by Art. 274 paragraph 1 Civil Procedural Code, to be ordered to pay the costs. In… Read moreNot always the losing party pay the costs
High Court of Justice and Cassation stated that in what concern stipulation for another beneficiary cannot acquire the obligation to pay the price as the beneficiary of the contract in favor of another person, because, on the first hand, such… Read moreStipulation for another vs. assignment agreement
High Court of Justice and Cassation stated it is not possible to suspend the execution of a public procurement contract due to Article 14 from the Law on Administrative Procedure because the public procurement contract requires an agreement of wills… Read moreIt is possible to suspend the execution of the public procurement contract?
High Court of Cassation and Justice has ruled that, in order to qualify for a grace period or a rescheduling of obligations under execution titles, as determined by Ordinance no. 4/2011, the public institution must demonstrate that they have taken… Read moreConditions for granting the grace period to the enforcement of the court decision
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… Read moreWhen the requests for refunds may be admitted on common law
The High Court of Justice and Cassation decided that the previsions of Article 1309 Civil Code (Article 1653 New Civil Code) which fixes the special incapacity of judges, prosecutors and lawyers to obtain claims litigation which are in the competency… Read moreAssignment rights litigation. Interdiction for lawyers
High Court of Justice and Cassation decided that, even if the judicial nature of the incidental demand is for defense, the third part does not become a simple defendant of the part in favor of whom he has intervened because… Read moreJustification of self-interest in judging incidental demand intervention