6. Contestație asupra valorii despăgubirilor stabilite prin hotărâre de guvern pentru un imobil expropriat. Cerere evaluabilă în bani
6. Appeal to the amount of reparations established under a Government Decision for an expropriated real property. Cash assessable claim

Summary/Abstract: In relation to the cash assessable claims, the provisions of art. 2821 paragraph (1) of the civil procedure Code provide that “the court orders delivered in first instance in the claims lodged on principal are not subject to appeal regarding the child maintenance, in the disputes whose object amounts to maximum Lei 100,000 inclusively, no matter the capacity of parties, professionals or non-professionals, on possessory actions, actions in ejection, actions related to the registrations made in the registries and the taking of precautionary steps, on applications for compensation of damages due to judicial errors made in criminal proceedings and in other cases set forth by law”. This legal text has a general applicability, being incidental even to special matters, such as the matter of expropriation, as the special law – Law no. 33/1994 – regulating the procedure in the expropriation cases does not contain any derogatory clauses from the common law in terms of remedies at law. Consequently, as regards a legal text which is generally applicable to the court orders delivered in first instance in “disputes whose object represents an amount of maximum Lei 100,000 inclusively” and in case the amount of the compensation challenged or granted is below the legal limit of Lei 100,000, the court of appeal wrongly settled the case in appeal, but not in second appeal, as required in compliance with the applicable legal rules.

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