Înalta Curte de Casație și Justiție, un legiuitor subtil ? Decizia nr. 7/2019
The High Court of Cassation and Justice, a Subtle Legislator? Decision no. 7/2019

Author(s): Vlad-Victor Ochea
Subject(s): Law, Constitution, Jurisprudence, General Reference Works, Civil Law, Source Material
Published by: Universul Juridic
Keywords: decision no.7/11.02.2019; preliminary judgement; High Court of Cassation and Justice; Law on the transfer in lieu of payment; rebus sic standibus;
Summary/Abstract: This study aims to demonstrate that the High Court of Cassation and Justice was not a legislator when it has issued the decision no. 7/11.02.2019, in the sense that it did not add extra requirements to art. 8 par. (5) of the Law no. 77/2016 when it ruled that the courts, upon ruling on claims regarding the termination of obligations arising out of loan agreements, have to analyse the fullfilment of the rebus sic standibus.

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