7. Cerere de consfințire a unui acord de mediere având ca obiect ieșirea din indiviziune asupra unui imobil. Incidența normelor speciale de competență teritorială alternativă
7. Application for establishment of a mediation agreement having as subject matter the joint possession termination over an estate. Scope of special rules of alternative territorial jurisdiction

Summary/Abstract: The establishment of the competent court to settle the application requiring the establishment of a mediation agreement under a court order, having as subject matter the termination of joint possession arising from succession in relation to an estate is made by reference to the provisions of art. 59 para (1) the 2nd sentence of Law no. 192/2006 on mediation and the profession of mediator, which regulates an alternative territorial jurisdiction, belonging either to the court of first instance in whose constituency either party has its domicile or residence or, as the case may be, its registered office, or to the court of first instance in whose constituency is situated the place where the mediation agreement was concluded, and this application may not be classified as belonging to the matter of succession and as involving the jurisdiction of the court of the place where the estate is located, according to art. 118 of the NCCP.

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