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Case Study: Final Judicial Annulment of Enforced Execution Initiated by a Debt Recovery Company, Due to Intervention of Prescription. Permanent Erasure of the Debt

Avocat Cluj contestatie executare

Brisc Legal Cluj attorneys, specializing in contestations of enforcement, obtained a final court decision annul­ing all enforcement acts and the enforced execution itself initiated by the debt recovery company INVESTCAPITAL LTD against our client, due to the prescription of the right to request enforced execution. Moreover, our attorneys succeeded in obtaining, for our client, full …

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Case Study: Final Court Annulment of a 200,000-lei Fine Illegally Imposed by the Territorial Labour Inspectorate (ITM) on a Business Operator Who Entered Service Contracts with Natural Persons — Nonexistence of Obligation to Conclude Individual Employment Contracts for Occasionally Rendered Services by Natural Persons

avocat Cluj plangere ITM

Outcome Achieved by Brisc Legal in Court Lawyers at Brisc Legal Cluj specializing in labour law and contraventional law obtained a final decision from the Cluj Tribunal, annulling a fine of 210,000 lei that had been illegally applied by ITM against our client, a company operating in the logistics services sector. Factual Context In this …

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Cluj Construction Lawyer – Rejection of the Provisional Injunction Request To Stop Building Works Until the Trial Court Decides on the Merits. Non-fulfillment of the Admissibility Conditions of the Provisional Injunction.

Relevance of the Case Many provisional injunctions in practice aim to require the defendant to stop construction works until the court of first instance issues its final ruling—actions mainly initiated by neighbors affected by those works.To issue such an order, the cumulative conditions set out explicitly in the Civil Procedure Code must be met: the …

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Cluj Attorney – Court of Accounts Disputes and Law No. 98/2016 – Alleged Damages Derived from Public Procurement Contracts – Admittance of the Exception of Prescription of the Material Right of Action by the Municipality of Cluj-Napoca

Relevance of the Case To meet general interest needs, public authorities and institutions, as well as public law entities, enter into contracts with economic operators for works, goods, or services. These legal relationships between the authority and the economic operator have certain specificities compared to civil law contracts concluded by private individuals, and they generate …

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Case Study: ANRP Compensation Points Law 165/2013 – Restitution by Equivalent of Property Abusively Taken – Admission of an Appeal Against the Decision of the National Commission for Real Estate Compensation – Awarding Compensation for the Entire Area, in an Amount Four Times Greater

despagubiri CNCI

Relevance of the Case The complexity of the laws regarding restitution of properties abusively taken during the communist era, together with legislative and jurisprudential inconsistencies resulting from modifications over time, and the high number of restitution requests still unresolved, have imposed the necessity of adopting a uniform normative framework to accelerate and finalize the restitution …

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Case Study Cluj Lawyer – Contestation of Enforcement: Enforced Execution of a Credit Contract – Admission of the Contestation of Enforcement – Prescription of the Right to Request Enforced Execution – Annulment of All Enforcement Acts

Relevance of the Case. Prescription of the Right of Action When a creditor seeks enforcement of an obligation, it is important first to check whether the action was brought within the statute of limitations. However, prescription does not operate automatically; it must be expressly invoked before the judge.If the creditor’s right of action is time-barred, …

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Cluj Sports Law Attorney – Termination of a Sports Activity Contract – Requiring the Sports Club to Pay Monthly Remunerations Owed to the Athlete

Avocat Cluj dreptul sportului

Relevance of the Case – Sports Activity Contract Like any other contract, a sports activity contract is governed by specific legal norms, and failure to comply by the breaching party leads to sanctions. This case is relevant for club’s failure to fulfill contractual obligations and not paying the athlete the monthly remunerations they are owed.In …

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Cluj Lawyer ANRP – Annulment of a Compensation Decision under Law 165/2013 – Increasing Compensation by Points

Relevance of the Case – Correct Determination of ANRP Compensation Law No. 165/2013 was meant to provide solutions that ensure effectiveness of the restitution of properties abusively taken during the communist regime, seeking to assimilate the recommendations made by the European Court of Human Rights on this matter.Aside from the flaws of the law itself, …

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Cluj Family Law Attorney – Establishment of Paternity through Medical Expertise Conducted Abroad – Establishing the Child’s Name – Exclusive Exercise of Parental Authority – Maintenance Child Support of €1,500/Month

Relevance of the Case Establishing paternity of a child born out of wedlock requires completion of a medico-legal expertise report by the Institute of Legal Medicine, which holds competence. If the parties are foreigners, the expertise may be undertaken abroad by competent institutes via letters rogatory.Once paternity is established, necessary civil status modifications follow. The …

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400121, Cluj-Napoca

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