Efectele hotărârilor judecătoreşti. Limita dintre opozabilitate şi obligativitate
The effects of judicial decisions. The boundaries between third party effect and enforceability

Summary/Abstract: Starting with the general provisions of the Civil Procedure Code regarding theeffects of the court decisions, as well as the special provisions of the Civil Code regardingthe role of co-ownership in taking the legal actions, the aim of this study is to identifyand analyse the arguments that both the doctrine and the jurisprudence are using inorder to describe the connection between these norms. The study is also bringing intodiscussion the Decision no. 18/17th of February 2020 of the High Court of Cassation andJustice as it has significant implications on the matter. By highlighting the line betweenthe third party effect and enforceability of the court decisions, the study is also analysingthe involvement of the parties and third parties. Moreover, the study is looking to identifythe particular situation of the third party co-owner when facing an unfavourable courtdecision regarding animmovable property claimed in a real estate matter.Considering all these work hypotheses, the study's final purpose is to lead to theconclusions regarding the legal matter chosen to be analysed and debated.

• Details
• Contents