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Case Study: Bank Enforcement Contestation Brisc Legal assisted a married couple in contesting the real-estate enforcement initiated by BANCPOST SA based on a mortgage credit contract seeking recovery of approx. €82,000. Objectives Achieved by Brisc Legal, Cluj In this case, the court granted the enforcement contestation, recognized the automatic prescription (statute of limitations) of the …

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Case Study by a Legal Practice in Cluj — Compensation for Expropriation in Fact Civil courts in Cluj-Napoca municipality have held that transferring a parcel of land free of charge to the municipality, in order to comply with the street grid imposed by the maps of the new PUG, is void (absolutely null), and that …

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Case Study – Claims Between Commercial Companies and Debt Recovery Rejection of the lawsuit (main action) for contractual damages as unfounded, abusively introduced to dispute the certainty of the claim for which in another case insolvency was requested against the plaintiff, and consequently acceptance of the counterclaim. The counterclaim asserted unpaid invoices for construction services …

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Case Study – Litigation Derived from Court of Auditors Control: Dismissal of the Claim for Recovering Prejudice Factual Background A legal entity entered into a contract with a public authority to provide site supervision (“dirigenție de șantier”) for a limited period of 8 months, at a fixed price. Later, an addendum extended the initial contract …

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Case Study – Litigation Derived from Court of Auditors Control: Dismissal of the Claim for Recovering Prejudice Factual Background A legal entity entered into a contract with a public authority to provide site supervision (“dirigenție de șantier”) for a limited period of 8 months, at a fixed price. Later, an addendum extended the initial contract …

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Case Study — Brisc Legal Cluj, Judicial Partition of Land Admission of the lawsuit seeking partition by court of an immovable asset (land) because some co-owners refused to exit co-ownership by mutual agreement. The exit from indivision in the requested form was necessary to prepare urbanism documentation required for approving a PUZ (Zonal Urban Plan) …

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Case Study — Annulment of Administrative Act in Real Estate Matters Admission of the lawsuit and obliging Cluj-Napoca Local Council to adopt a resolution modifying partially HCL No. 493/2014 (approving the “Update General Urban Plan of Cluj-Napoca”) such that a 4,700 sqm intravilan land is included in UTR-Liu, as well as partial annulment of HCL …

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Courts in Bucharest found the unilateral termination notice issued by a national‐level sports club to be absolutely void, requalified the contract between the two parties — originally a civil services agreement — into an individual employment contract governed by labor law. They also ordered the club to pay outstanding salary claims owed to the player, …

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Case study: annulment of Local Council Decision by which approval of PUD was rejected The court admitted the claim by which the cancellation of a Local Council Decision rejecting a PUD for the construction of buildings in Apahida was requested, given the unmotivated nature of the votes by local councilors rejecting or abstaining.Although the Cluj …

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Case study – urbanism lawyer Cluj, abuse of power by the local authority The partial annulment by civil courts in Cluj-Napoca of Local Council Decision no. 493/2014 approving the municipal PUG documentation of Cluj-Napoca, regarding the assignment of certain properties into particular UTRs (Territorial Reference Units), as well as the ordering of the defendant, the …

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