II. Relevant jurisprudence of the High Court of Cassation and Justice in civil and civil procedural matters Cover Image
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II. Jurisprudenţa relevantă a Înaltei Curţi de Casaţie şi Justiţie în materie civilă şi procesual civilă
II. Relevant jurisprudence of the High Court of Cassation and Justice in civil and civil procedural matters

Author(s): Alina Crăiniceanu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: claim; land book; precautionary attachment; date of interest application; burden of proof; unjust enrichment;

Summary/Abstract: The rich jurisprudence of the High Court of Cassation and Justice is a source of inspiration regarding the punctual solutions given to the legal problems analyzed, being a landmark in terms of the interpretation and application of the law. From the variety of cases consulted on the official website of the supreme court, numerous solutions include precisely the indissoluble link between the rules of substantive law and those of procedural law, and some of them have been selected in this material. The connection between civil law and civil procedural law, as well as the way in which the two branches of law influence each other, takes us through alternative themes, starting from the notion of domicile and its relevance in the appeal to then continue with the classic themes of civil law: rights in rem, obligations and contracts. All these matters have an impact, more obvious or more discreet, on procedural law, influencing its course and finality. The cases selected in this material follow this fine line of interpenetration between the two planes, being examples of practical cases in which substantive law acquires procedural relevance.

  • Issue Year: 2026
  • Issue No: 02
  • Page Range: 199-208
  • Page Count: 10
  • Language: Romanian
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