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Exception to the principle of simultaneous solving claim and the counterclaim

The High Court of Justice and Cassation decide the article 120 paragraph 2 Civil Procedural Code states an exception to the principle of simultaneous solving main claim and the counterclaim having as purpose eliminating any attempt of disturbing the trial. In this case, the High Court stated that it is excessive the measure demand for evacuation trial only with a counterclaim which called for establishment of a lien until paid by the applicant disputed the value of property improvements. So, in this case, the High Court highlighted that even if between those two demands it is a strong connection, though, in the procedural meaning, there is no opposition that the lien forming the counterclaim is raised and the way to appeal a judgment of eviction, as lien is a right of security, imperfect whereby the holder of a movable or immovable thereof, which must return it shall be entitled to retain the good – so refuse return – until the owner of the property lender will pay the amounts you spent with preservation, maintenance or improvement of that property. ( Decision no. 1706 from 27th of March 2012 pronounced in appeal by the Civil Section II of the High Court of Justice and Cassation having as object evacuation request )

>> The source: JURIDICE.ro

Daniela GHICAJANU

 

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