Some considerations concerning the referral to the High Court of Cassation and Justice for a preliminary decision in order to resolve legal issues Cover Image
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Unele considerații despre sesizarea Înaltei Curți de Casație și Justiție în vederea pronunțării unei hotărâri prealabile pentru dezlegarea unor chestiuni de drept
Some considerations concerning the referral to the High Court of Cassation and Justice for a preliminary decision in order to resolve legal issues

Author(s): Mihail C. Barbu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: C.H. Beck Publishing House - Romania
Keywords: resolution of legal issues; preliminary decizions; conditions of admissibility; High Court of Cassation and Justice of Romania;

Summary/Abstract: According to art. 519-521 Code of Civil Procedure, the High Court of Cassation and Justice may be notified in order to issue a preliminary ruling for the resolution of legal issues. In this article we have examined three key issues regarding this procedure, namely what are the conditions of admissibility (we have identified seven cumulative conditions), whether the referral to the High Court is mandatory or optional for the court and what are the effects of judgments given in this procedure (distinguishing between admission and rejection decisions) and their duration.

  • Issue Year: XX/2021
  • Issue No: 8
  • Page Range: 466-467
  • Page Count: 2
  • Language: Romanian