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Case Study: Cluj Court of Appeal Admits Appeal and Upholds Validity of the PUZ Approved in 2007, Overriding the New PUG, and Requires the Mayor to Issue the Building-Zone (Construction) Certificate

Facts Established by the Court In the case at hand, the plaintiff—owner of a land parcel in the Dâmbul Rotund area of Cluj-Napoca—challenged the Mayor’s refusal to issue a building-zone (construction) certificate. The plaintiff’s land had been regulated under a Zonal Urbanistic Plan (PUZ) approved by City Council Decision No. 524/2007, which defined parcel configurations, …

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Case Study: Judicial Ruling Establishing an Administrative Servitude of Access to a Public Road Created on a Parcel with the Function of a Private Road Under a PUZ Approved in 2007 – Facts, Legal Texts, and Specifics of Administrative Servitude

Relevant Factual Background The dispute concerns the plaintiffs’ access to a public road via “A Street” in the Dâmbu Rotund area of Cluj-Napoca, urbanistically regulated by a Zonal Urban Plan (PUZ) approved through City Council Decision (HCL) no. 524/2007. To create the 5 m-wide profile of Alley “A,” courts have previously and definitively ruled that …

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Case Study: Dismissal in the IT Sector Due to Elimination of the Job for a Real and Serious Cause — Rejection of the Challenge Against the Dismissal Decision under Article 65 of the Labor Code

Facts of the Case The claimant had been employed by the defendant since 2018, under an open-ended individual labor contract, in the position of Analyst (according to the Occupational Classification). By the dismissal decision, on May 30, 2020, the employer terminated the contract for reasons not related to the employee’s person, under Article 65(1) of …

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Commercial Law Cluj Lawyer – Preliminary Injunction- Seizure of Debtor’s Assets during Trial – Preventive Measures until the Creditor Obtains an Enforceable Title

RELEVANCE OF THE CASE – Cluj Attorney for Preliminary Injunction In practice, the process of obtaining an enforceable title for the recovery of amounts owed by the debtor can take a considerable amount of time, especially due to the heavy workload of the courts. The adjudication of a complex case can sometimes take years, during …

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Cluj Tax Lawyer – Enforcement of Fiscal Debt – Enforcement Challenge Admitted and Garnishments Annulled – Tax Obligations of Individuals for Income Earned Abroad

Relevance of the Case on Challenging Fiscal Enforcement For the income earned, the taxpayer is obligated to pay the taxes, fees, and contributions due to the state budget. Otherwise, based on a tax debt title, which subsequently becomes an enforceable fiscal title, any amounts representing income and monetary assets in both local and foreign currency, …

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Cluj Lawyer – Contravention Complaint – Demolition of Construction – Annulment of the Contravention Report – Removal of the Demolition Measure – Prescription – Lack of Offender Status

Case Relevance In practice, situations arise where, for various reasons, a person other than the actual offender is sanctioned. In such cases, it is crucial for the unjustly sanctioned person to file a contravention complaint requesting the annulment of the contravention report, the removal of the main sanction, and, where applicable, the complementary sanction. Otherwise, …

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Foreclosure lawyer in Cluj – bank loan statute of limitations – challenge against enforcement admitted – statute of limitations on the right to obtain enforcement under the credit agreement – definitive cancellation of the bank loan debt

Case relevance Banks or debt collection agencies initiate legal actions even when their claims are time-barred, and debtors may end up paying or acknowledging the debt without knowing that the statute of limitation has expired. Partial payment or acknowledgment of the debt by signing a payment rescheduling agreement interrupts the statute of limitations, starting a …

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Real estate lawyer. The refusal to sign before the public notary. The pronouncement of a court decision replacing the notarial deed and the refusal to sign. The interruption of the limitation by rendering the possession of the property.

THE RELEVANCE OF THE CASE Regarding the remedies of the parties in case of culpable non-execution of sale and purchase promises, the law establish that, when the promisor refuse to conclude the promised contract at the request of the party that fulfilled its own obligations, the court has the possibility to substitute the consent of …

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Case Study: Cluj Court of Appeal Admits Appeal and Upholds Validity of the PUZ Approved in 2007, Overriding the New PUG, and Requires the Mayor to Issue the Building-Zone (Construction) Certificate

Case Study: Judicial Ruling Establishing an Administrative Servitude of Access to a Public Road Created on a Parcel with the Function of a Private Road Under a PUZ Approved in 2007 – Facts, Legal Texts, and Specifics of Administrative Servitude

Case Study: Dismissal in the IT Sector Due to Elimination of the Job for a Real and Serious Cause — Rejection of the Challenge Against the Dismissal Decision under Article 65 of the Labor Code

Commercial Law Cluj Lawyer – Preliminary Injunction- Seizure of Debtor’s Assets during Trial – Preventive Measures until the Creditor Obtains an Enforceable Title

Cluj Tax Lawyer – Enforcement of Fiscal Debt – Enforcement Challenge Admitted and Garnishments Annulled – Tax Obligations of Individuals for Income Earned Abroad

Cluj Lawyer – Contravention Complaint – Demolition of Construction – Annulment of the Contravention Report – Removal of the Demolition Measure – Prescription – Lack of Offender Status

Foreclosure lawyer in Cluj – bank loan statute of limitations – challenge against enforcement admitted – statute of limitations on the right to obtain enforcement under the credit agreement – definitive cancellation of the bank loan debt

Real estate lawyer. The refusal to sign before the public notary. The pronouncement of a court decision replacing the notarial deed and the refusal to sign. The interruption of the limitation by rendering the possession of the property.

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