25. The effects of the case obsolescence on the costs incurred by the defendants-plaintiffs in the resolution of the counterclaim, brought in the alternative, if the main claim is allowed Cover Image
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25. Efectele perimării cu privire la cheltuielile de judecată efectuate de pârâţii-reclamanţi pentru soluţionarea cererii reconvenţionale, formulată în subsidiar, în ipoteza admiterii cererii principale
25. The effects of the case obsolescence on the costs incurred by the defendants-plaintiffs in the resolution of the counterclaim, brought in the alternative, if the main claim is allowed

Author(s): Vlad-Andrei Ardeleanu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: the effects of the case obsolescence; the defendants-plaintiffs; the resolution of the counterclaim;

Summary/Abstract: The stay of proceedings of the proceedings for failure to fulfil obligations on the part of the defendant does not justify a finding of procedural fault on the part of the defendant plaintiff, with the consequence that the application for costs of the counterclaim, which is subsidiary in nature and conditional on the grant of the main claim, is dismissed. The obsolescence or annulment of the principal claim does not render ineffective the incidental claims, justifying the reimbursement of the stamp duty in the procedure established by Article 45 of Government Emergency Ordinance No 80/2013.

  • Issue Year: 2022
  • Issue No: 03
  • Page Range: 172-177
  • Page Count: 6
  • Language: Romanian
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