11. Cheltuieli de judecată. Condițiile pe care recunoașterea pârâtului trebuie să le îndeplinească pentru a fi exonerat de obligația de plată a cheltuielilor de judecată
11. Court expenses. Conditions that the defendant’s recognition should fulfil to be exempted from the obligation to pay the court expenses

Summary/Abstract: Regarding the recognition of claims by the defendant G. Commune, it is found that a defendant’s reply brief is submitted to sheet 60 of the casefile in relation to the statement of claim, and it is shown that G. Commune agrees with the expropriation action, it being indicated that the expropriation documents were drafted by the expropriator. Taking into consideration the reply brief of the G. Commune, it could be appreciated that it is about a simple, unconditional recognition of the claims in the statement of claim, which would determine the applicability of Article 454 of the Code of civil procedure. However, the legislator’s intent cannot be disregarded when it established the rule in the matter of exempting the defendant from the payment of any court fees, as indicated in the doctrine, the provisions of Article 454 of the Code of civil procedure being applicable only in the case in which, following the recognition of the claims indicated in the statement of claim by the defendant, on a unconditional basis, the statement of claim may immediately be settled, based on the defendant’s recognition, and it is not necessary to produce any other evidence for the purpose of its settlement. However, in this case, it was necessary to produce any evidence based on judicial technical expertise for the case settlement, and certainly, the provisions of Article 454 of the Code of civil procedure shall not be applicable.

• Details
• Contents