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
The High Court of Justice and Cassation decided that even if absolute nullity defend a general interest , such an interest does not exclude having also an individual interest (personal), so the person who invokes absolute nullity of a judicial… Read moreConflict of interests concerning the invocation of the absolute nullity
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…. Read moreException to the principle of simultaneous solving claim and the counterclaim
The High Court of Justice and Cassation decided that the principle of the force and hierarchy of the normative documents, outlined by the Article 1 paragraph 5 from the Romanian Constitution imposes that the administrative court invested with the power… Read moreIt is possible to verify the legality of a repealed administrative act?