The High Court of Cassation and Justice decided that, if within the decision, in the intro, the granting of word to the parties is omitted, on lack of locus standi and passive considerations analyzed and solved by the device, such… Read moreThe failure to give the word to the parties with regards to exceptions
The High Court of Cassation and Justice decided that, in accordance with art. 129 para. (5) Civil Procedure Code, judges have the duty to insist by all legal means, in ascertaining truth. However, according to art. 129 para. (51) Civil… Read moreThe principle of the active role of the judge
The High Court of Cassation and Justice has decided that the conclusion of the registration of domain names between registrar and registrant, the latter acquires a right to use the areas with the principle of first come first served, in… Read moreTransfer of rights of use of certain Internet domains
The High Court of Cassation and Justice decided that since the lease contracts fall into the category of successive performance, the effect of termination occur only for the future, ex nunc. Therefore, where it was found that the benefits payable… Read moreThe effects of lease agreement termination
The High Court of Cassation and Justice ruled that pursuant to art. 134 para. (1) of Law no. 31/1990, shareholders who disagree with the decisions of the General Assembly on changing the main object of the company have the right… Read moreShareholder’s right to withdraw from the company
* reffer to the legal debate on Unfair clauses, Swiss francs and the like [Judicial.Debates]. The High Court of Cassation and Justice decided that setting a monthly fee, with a negligible amount in relation to credit costs – 0.15%, respectively,… Read moreAbusive clause. Risk premium
* See the debate on Unfair clauses in Swiss francs loan contracts [Judicial Debates]. The High Court of Cassation and Justice ruled that a clause is abusive if it empowers a bank with the right to revise the current interest rate… Read moreCredit agreement. Interest rate revision clause. Unfair Clauses
The High Court of Cassation and Justice has ruled that, where by a court established that a person, as an heir of the owner of a movable cultural heritage that entered the state heritage by act of will of the… Read moreAction for recovery of movable good. The lack of locus standi
The High Court of Cassation and Justice ruled that pursuant to Art. 168 para. (1) pt. 1 and pt. 3 of Law no. 105/1992 (art. 1096 par. 1 letter c NCPC), recognition of a foreign judgement may be refused if… Read moreHCCJ. Refusal to recognize a foreign judgment
The High Court of Cassation and Justice decided that to the fact of both sides having exhibited title to the disputed land and that the applicant has possession of his right but is challenged by the defendant, the applicant can… Read moreApplication for Declaration vs. Action for Recovery
