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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

avocat Cluj clauze abuzive

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

avocat clauze abuzive Cluj

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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Bank Litigation Lawyer Cluj: Final Erasure of Bank Debt — Action to Declare Prescription of the Right to Request Enforcement

avocat litigii banci Cluj

Case Study – Bank Litigation Lawyer Cluj: Lawsuit against CEE COLLECT LIMITED Achieved Objectives BRISC LEGAL assisted a client in a lawsuit against CEE COLLECT LIMITED, assignee of a claim from BCR SA, in which the court granted the request to declare the prescription (statute of limitations) of the right to request enforcement, with the …

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Cluj Attorney Abusive Clauses BRD: Finding the Abusive Nature of the Clauses Regulating the File Preparation Fee, Credit Management, and Administration

avocat clauze abuzive Cluj

Case Study Cluj — Abusive Clauses: Court found abusive in a credit contract concluded in 2008 with BRD – Groupe Société Générale SA Objectives Achieved The court found the abusive nature of the clauses in a 2008 credit contract with BRD – Groupe Société Générale SA, specifically the clauses that regulated: As a result, the …

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