When Can a Neighbor’s Refusal to Grant Construction Consent Be Substituted by the Court? Analysis by the Cluj Tribunal

Legal analysis of the Cluj Tribunal’s decision regarding the unjustified refusal of neighbors to grant consent for construction projects. Learn about the legal criteria and judicial substitution. The urban development in densely populated areas of Cluj-Napoca often raises major legal challenges, especially when new projects involve deep excavations near old buildings. A recent decision by …

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Unjustified Refusal of Neighbors to Give Their Consent for Changing the Use of a Property — Analysis by the Cluj Tribunal

Factual Context and Object of the Dispute The dispute analyzed by the Cluj Tribunal involved the judicial supplementation of neighbors’ consent for the change of use of an apartment located on the ground floor of a building in the central and historic area of Cluj-Napoca, from a commercial space to a tertiary-use space. The claimant, …

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Rectification of the Land Book for Illegal Extensions of Apartments in the Condominium Attic. Admission of the Eviction Claim and Contract Resolution

In a complex case that went through several procedural cycles and a change of venue, the courts settled the issue of surface extensions made by “attic conversions” or extensions in the condominium attic of some apartments in a building classified as a historical monument. The analyzed decision highlights the civil sanction of rectifying inaccurate entries …

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Breach of the Non-Compete Clause in Transport Contracts: Subcontractor Held Liable for a EUR 50,000 Penalty

In a recent decision issued by the Bihor Tribunal, the court ruled that the breach of a carrier’s obligation not to contact the contracting party’s commercial partners (freight forwarding companies) triggers contractual liability, thereby activating the penalty clause established by the parties in the transport contract. This case highlights the importance of protecting client portfolios …

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Administrative Law Attorney Cluj: Obtaining Compensation as a Result of the Mayor’s Refusal to Issue the Urbanism Certificate

Case Study — Administrative-Contentious Attorney Cluj: Obtaining Compensation for Refusal to Issue Urbanism Certificate Objectives Achieved: The Cluj Court of Appeal overturned the decision of the Cluj Tribunal and found that the authority’s act of refusing to issue the urbanism certificate for construction caused the claimant a damage consisting in the potential rent for one …

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Cluj Land Attorney: Changing the Functional Classification (UTR) of the Land by Judicial Means in the Pepiniera Becaș Area

Case Study Land & Urbanism Attorney Cluj: Objectives Achieved Changing the functional classification (UTR) of a parcel located in Cluj-Napoca, in the Pepiniera Becaș area.Restoring the former classification that existed prior to the adoption of the new PUG, namely the change from UTR – Uva (green zone – squares, gardens, parks with unlimited public access) …

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Urbanism Attorney Cluj: Forcing the Mayor to Issue the Building Permit. Principle of Automatic Extension of Validity of Urban Planning Documents

Case Study — Urbanism Attorney Cluj: Obtaining the Building Permit by Judicial Means Based on the Principle of Automatic Extension of the Validity of Urbanism Documents from the Time the Urbanism Certificate Was Issued Until Completion of the Investment Achieved Objectives: BRISC LEGAL assisted two clients in obtaining their building permits through judicial action, relying …

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Cluj Attorney – Abusive Clauses ING BANK: Finding the Abusive Nature of the Variable Interest Rate and the Loan Origination Fee

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Case Study – Abusive Clauses in a 2007 Personal Loan Contract with ING BANK N.V. Objectives Achieved The court found that the clauses regulating the interest rate and the origination fee in a personal loan contract were abusive. Consequently, the court ordered the bank to refund: Case Presentation In 2007, the plaintiff concluded a personal …

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Cluj Attorney — Abusive Clauses in Bank Loans

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Cluj Attorney – Abusive Clauses Unicredit Țiriac Bank SA: finding the abusive nature of the loan origination fee, administration fee, and early repayment commission Case Study: Abusive Clauses, Objectives Achieved The court found that in a personal needs credit contract concluded in 2006 with Unicredit Țiriac Bank SA, the clauses regulating: were abusive. Accordingly, the …

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