5. Acțiune în dezbaterea unor succesiuni deschise succesiv și ieșire din indiviziune. Competența teritorială în raport cu dispozițiile noului Cod de procedură civilă
5. Action for settling certain successively opened successions and severance of the joint tenancy. Territorial jurisdiction in relation to the provisions of the new Code of civil procedure

Summary/Abstract: Reference to the claims of legal division of a real property within the content of art. 117 paragraph (3) NCCP as involving the exclusive jurisdiction of the court in whose constituency the real property is situated, has as purpose to assign the scope of art. 117 and art. 118 of the NCCP. The present regulation refers to the jurisdiction of the court within the constituency of the real property for the claims of legal division of a real property, except the cases in which the joint tenancy results from succession. As such, in the matter of succession, until the severance of the joint tenancy, the court within the jurisdiction of the last residence of the deceased is exclusively competent, and in case such applications for summons were lodged, regarding several successively opened inheritances, the court within the jurisdiction of the last residence of any deceased is competent to this end, and the claimant is capable, in compliance with art. 116 of the NCCP, of choosing between the both competent courts.

• Details
• Contents