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Press release - Panel for the Clarification of Certain Points of Law in Civil Matters - 2021

Press release – Panel for the Clarification of Certain Points of Law in Civil Matters in its session of 5 April 2021

High Court of Review and Justice

 

PRESS RELEASE

 

 

In its session of 5 April 2021, The High Court of Review and Justice – Panel for the Clarification of Certain Points of Law in Civil Matters, lawfully established, considered two requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments

 

Judgment #20 in Case #12/1/2021

Denies as inadmissible the request brought by the Court of Appeals Ploieşti – Chamber II for Civil matters in Case #23710/281/2016 for a preliminary ruling for the clarification of the following point of law:

“In the interpretation of the stipulations in Art. 3 and 4 para. (1) letter c) in Law #77/2016, can datio in solutum of a single building extinguish debts arising from two or several credit contracts signed by a debtor with one and the same creditor?

 - Is the phrase “the credit was contracted by the consumer with the goal of purchasing, building, expanding, modernizing, refurbishing, rehabilitating a building destined as habitation space” used in Art. 4 para. (1) letter c) in Law #77/2016 intended as meaning the purpose intended by the consumer on signing the contract, which can be demonstrated using any type of evidence, or as meaning the purpose effectively written in the credit contact, known to the creditor at the time of signing the contract and whch can be demonstrated by the contract stipulation?”

 

Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.

Returned in public session today, the 5th of April 2021.

 

Judgment #21 in Case #63/1/2021

Sustains the request brought by the Court of Appeals Iași – Chamber for Administrative and Tax Litigations, in Case #4088/99/2019, for a preliminary ruling for the clarification of the following point of law and returns the following Judgment:

In the interpretation and application of the stipulations at Art. 24 para. (4) in the Law of Administrative Litigations #554/2004, as amended via Law #138/2014: after the enforcement court returns a verdict on the creditor’s motion to set an amount of payable penalties or, if in the absence of such motion the statute of limitations is met for the foreclosure, it is no longer possible for the creditor to file motion, on the basis of this special regulation, with a request to set payable penalties for failure to service in kind the obligation to perform which involves he debtor’s personal actions.

Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.

Returned in public session today, the 5th of April 2021.

 

After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.

 

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