Considerații referitoare la Decizia nr. 30/2023, pronunțată de Înalta Curte de Casație și Justiție – Completul pentru dezlegarea unor chestiuni de drept
Considerations referring to the Decision No 30/2023, pronounced by the High Court of Cassation and Justice – Full Bench for the resolution of questions of law

Summary/Abstract: The authors analyse the opinions expressed by the Decision No 30/2023 of the High Court of Cassation and Justice – Full Bench for the resolution of questions of law. The Supreme Court admitted the related referrals made by the Court of Gorj – Civil Division I and ordered that, in interpreting and applying the provisions of Article 906 (4) of the Civil Procedure Code, in so far as the debtor has performed the obligation to do or not to do, which cannot be performed by another person, even during the resolution of the claim based on the provisions of Article 906 (4) of the Civil Procedure Code, the creditor can no longer obtain the final determination of the amount by way of penalty. The authors consider that the second opinion is correct, i.e. the one that interpreted the provisions of Article 906 (4) Civil Procedure Code as establishing a time limit of 3 months for the execution of the obligation, while the final amount may be determined to the extent that this time limit has been exceeded, regardless of whether by the time of the court’s ruling the obligations have been executed.

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