Relevance of the Case The law gives an interested party the possibility of summoning a third party in guarantee, against whom a separate guarantee or damages claim might be pursued. From the moment the claim is filed in court and the summoning in guarantee is communicated, the guarantor becomes a party in the civil process …
RELEVANCE OF THE CASE This case study is relevant both from the perspective of applying the Civil Code over time and from the perspective of statutes of limitations. Also important are the procedural rules that regulate the obligation of the plaintiff to prove their own claims by evidence that underpins the assertions made in the …
Objection against the judicial liquidator’s report. Annulment of the report and of the partial distribution plan. Obliging the judicial liquidator to redo the report and the partial distribution plan. RELEVANCE OF THE CASE Recovering amounts from an insolvent debtor is a priority for any creditor. The peculiarity of this case lies in the fact that …
RELEVANCE OF THE CASE A will represents the deceased’s final act of will, being the legal document by which one may deviate from legal rules of inheritance. Like any other legal act, it must satisfy all conditions to be valid and produce the effects prescribed by law: capacity, consent, object, and cause. Consent must be …
CASE RELEVANCE An unjustified refusal to address a request is expressly regulated by the provisions of Law No. 554/2004 on administrative litigation as the explicit expression, with abuse of power, of the will not to resolve a person’s request. The same law provides that the failure of a public administrative authority to execute an administrative …
RELEVANCE OF THE CASE Labour law represents a set of legal norms with the specific object of regulating social labour relations. The norms that an employee may violate include legal provisions, the internal regulations, clauses in the individual employment contract, the collective bargaining agreement, orders and directives from hierarchical superiors.One of the aspects that presents …
Relevance of the Case Every person has the duty to comply with rules of conduct imposed by law or local custom, and not to infringe, through action or inaction, the rights or legitimate interests of others, under the provisions of Article 1349 of the Civil Code, which regulates delictual civil liability.The conditions for engaging delictual …
Case Study: Brisc Legal secured the rejection of the request to annul the building permit and to demolish works carried out under it. The permit was modified and concerned vertical land leveling works. Through the evidence presented it was shown that the modifications relative to the natural land level were not harmful to the neighboring …
Relevance of the Case Law 554/2004 on administrative litigation gives any person who considers themselves harmed by an administrative act issued by a public authority the possibility to go to the competent court for annulment of the act and remediation of the harm caused.The same normative act defines “abuse of power” as the exercise of …
RELEVANCE OF THE CASE Persons whose properties were abusively taken by the state during the period 1945–1989 have the right to compensatory measures in cases where restitution of properties in kind is no longer possible. Once their applications are validated at the local authority level, issuing the compensation decision that confirms the right and grants …
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