5. Cerere de chemare în judecată. Lipsa determinării valorii obiectului cererii. Consecințe
5. Statement of claim. Lack of determination of the value of the subject of claim. Consequences

Summary/Abstract: The provisions of art. 112 item 3 of the Code of civil procedure, requiring to the claimant to show the claimed right and its value in the statement of claim, if possible, make a clear distinction between the subject of the statement of claim and its pecuniary valuation, and no equality may be established between the subject of the statement of claim, as its essential element, whose lack requires the statement of claim become void, according to art. 133 of the Code of civil procedure and its value expression which determines, at most, the incidence of certain coordinates of the dispute conduct, involved by the stamp duty and by the jurisdiction of the court. Consequently, the solution that the statement of claim become void is illegal based on the consideration that the value of its subject has not been indicated, since the penalty of becoming void operates only in case of lack of subject, but not in case of its pecuniary value.

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