High Court of Cassation and Justice has ruled that, under the lease contract was not provided unilateral termination by the lessee, as a way to terminate the contract, the following clause placed in the chapter “Obligations of the parties” from… Read moreHCCJ. Expression intention to terminate vs. unilateral declaration of termination
In the Official Gazette of Romania, Part I, no. 618, dated 22 August 2014, was published the Government Ordinance no. 14/2014 amending and supplementing Government Emergency Ordinance no. 88/1997 regarding the privatization of companies. The enactment maintain provisions that the… Read moreAmending the GEO no. 88/1997 on the privatization of companies
High Court of Cassation and Justice has ruled that, in the context of the text of art. 156 of the Civil Procedure Code (Art. 222 NCPC) does not oblige, but leaves it to the judge who may grant a new hearing… Read moreHCCJ. Possibility of a new hearing
High Court of Cassation and Justice has ruled that if the statutory conditions are fulfilled for termination of the contract, as long as the parts have agreed not to give them efficiency, their intention being for the purposes of performing… Read moreHCCJ. Resolution vs. execution
High Court of Cassation and Justice has ruled, in a case conducted under the old Civil Code, that clarifying in the loan contract of a clause with property transmission to the lender by the borrower if the amount borrowed it is… Read moreHCCJ. Clause on transfer of property if the amount borrowed it is not refunded
High Court of Cassation and Justice held that by not hearing the witnesses and giving a judgment based on an inconclusive evidence without establishing unequivocally the truth, the trial court violated the principle of immediacy. This principle is the obligation of… Read moreHCCJ. Violation of the principle of immediacy
High Court of Cassation and Justice has ruled that, in accordance with art. 8 of Decree. 167/1958 (Art. 2523 NCC), where action for liability for damage caused by the wrongful act, contractual or extra-contractual, limitation period begins to run from… Read moreHCCJ. Limitation of the right to seek recovery of sums unduly paid under a financing contract
High Court of Cassation and Justice has ruled that mere invoices for payment of works whose performance falls within the scope of the contract lump at sum price can not determine the admission of additional claims against the original contract… Read moreHCCJ. Conditions of payment of additional work from a turnkey contract
High Court of Cassation and Justice has ruled that opposition to an application establishing the European order for payment, subject to the provisions of Regulation (EC) no. 1896/2006, there is not an appeal. In this regard, the High Court stated that,… Read moreHCCJ. The appeal against the European order for payment
High Court of Cassation and Justice has ruled that the mere way to guarantee loan repayment, the purpose of establishing a right of mortgage in favor of the bank credit agreement does not transform real estate, buying a real estate… Read moreHCCJ. Housing loan contract vs. mortgage contract
