7. Action for claims. The existence of two distinct legal relationships, with different time sequence. Effects regarding the prescription of the right to action Cover Image
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7. Acţiune în pretenţii. Existenţa a două raporturi juridice distincte, cu succesiune diferită în timp. Efecte cu privire la prescripţia dreptului la acţiune
7. Action for claims. The existence of two distinct legal relationships, with different time sequence. Effects regarding the prescription of the right to action

Author(s): Marian Budă
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: contractual vs. tort liability; distinct legal relationships; exclusion of simultaneous actions; prescription start dates;

Summary/Abstract: If the applicant’s claims arise from two distinct legal relationships, with different time sequence, one based on contractual civil liability and the other on tort civil liability, the second one being conditioned by the existence of the first one, the possibility of simultaneous arising of the right to action in contractual liability and of the right to action in tort liability is excluded, and the prescription starts to run on various dates, according to art. 7 par. (1) and art. 8 par. (1) of Decree no. 167/1958.

  • Issue Year: 2014
  • Issue No: 03
  • Page Range: 46-50
  • Page Count: 5
  • Language: Romanian
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