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Limits retrail when reffering to cassation

The High Court of Justice and Cassation stated that due to the imperative previsions of the article 315 paragraph 1 Code of Civil Procedure, in case of cassation, the appeal court’s decisions about the solved problems and also about the necessity of administrating some samples are mandatory for the first instance judges.  In this case, the jurisprudence stated if there is a situation about cassation with sending, the court which has to retrial must proceed only on the path stated by the superior court, for the rest the cause is considered res judecata. In the case, with the occasion of solving the appeal, High Court of Justice and Cassation, Commercial Department, stated irrevocably the case is about a joint venture agreement and not about a litigation which concerns rights between the associates and the company as the previsions of Law no. 31/1990 and the background court retailing the case, respected exactly the recommendations of the cassation decision by adding some more samples to clarify the cause entirely only using those samples. (Decision no.  1268 from 8th of March 2012 pronounced in appeal by the Department II of the High Court of Justice and Cassation having as object association contract termination )

>> The source: JURIDICE.ro

Daniela GHICAJANU

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