4. Acțiune personală imobiliară. Competență teritorială relativă. Termenul și condițiile în care poate fi invocată excepția necompetenței teritoriale
4. Personal real action. Relative territorial jurisdiction. Term and conditions under which the plea of lack of territorial jurisdiction may be raised

Summary/Abstract: The territorial jurisdiction for the settlement of the action having as object the finding of the validity of an agreement concluded in relation to a real property and the delivery of a judgment which could replace an authentic document (so as regards a personal real action, under which the claimant seeks to capitalize a personal right, respectively the right of claim corresponding to the obligation of performance, following the real estate sale-purchase promissory agreement concluded in relation to that real property) shall not be established according to art. 117 of the civil procedure Code, exclusively enforceable to the real estate actions, but rather according to the provisions of common law of art. 107 of the civil procedure Code, according to which the claim is brought to the court within the jurisdiction of the defendant’s residence. However, as these rules are of relative jurisdiction, their infringement may be invoked by the plea of lack of jurisdiction only by the defendant and just until the first day of appearance, otherwise the notified court remains competent to judge the dispute, as a result of the forfeiture of the defendant’s right to raise a relative plea that the court is not entitled to raise ex officio.

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