8. Acțiunea în rezilierea unui contract de arendă. Instanța competentă teritorial să soluționeze cauza
8. Action for lease agreement termination. The competent territorial jurisdiction for the settlement of the cause of action
Author(s): Marian BudăSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: lease agreement termination; place of obligation performance; claimant’s choice of jurisdiction;
Summary/Abstract: In compliance with the provisions of art. 10 para. (1) of the Code of civil procedure, besides the court of competent jurisdiction of the respondent’s place of residence, the following courts are competent: in the claims regarding the performance, the annulment, the retroactive termination or termination of an agreement, the court of jurisdiction of the place set forth in the agreement for the fulfilment of the obligation even if partially. Thus, in case of a cause of action having as subject matter the termination of a lease agreement, the court of competent jurisdiction is that within the area where the leased lands are located – this court being initially notified according to the writs of summons –, considering also the provisions of art. 12 of the Code of civil procedure, expressly setting forth that the claimant may choose among several courts equally competent.
Journal: Revista Română de Jurisprudenţă
- Issue Year: 2014
- Issue No: 02
- Page Range: 61-63
- Page Count: 3
- Language: Romanian
- Content File-PDF
