Expropriere pentru cauză de utilitate publică. Prejudiciu produs prin expropriere. Limitele rejudecării cauzei în apel după casare. Principiul disponibilității
Expropriation for a cause of public utility. Damage caused by expropriation. The limits of the re-examination of the case during the appeal, after the dismissal. Availability principle

Summary/Abstract: The prejudice produced by expropriation constitutes one of the components of the compensation that is due to the person expropriated under the provisions of art. 26 para. (2) of the Law no. 33/1994. The assessment of this damage must be made subsequent to establishing its existence and the causal connection between the damage claimed and the measure of expropriation. In order to accomplish such a value determination, it was necessary for the re-judging court to take into account the limits in which the respective prejudice was described by the statement of claim, because the description made by the applicant constituted the benchmark according to which it can be appraised on the correct application of the provisions of the art. 294 para. (1) of the Civil Procedure Code (1865), which imperatively stipulates that: “During the appeal, the quality of the parties, the cause or the object of the statement of claim cannot be changed and no new applications can be made. Procedural exceptions and other such means of defense are not considered to be new requests."

• Details
• Contents