Practică judiciară neunitară. Prescripţia extinctivă a dreptului la acţiunea pentru antrenarea răspunderii patrimoniale a salariaţilor faţă către angajatorul obligat printr-un act de control să acţioneze pentru recuperarea prejudiciului
Non-unitary judicial practice. The statute of limitations regarding the right to enforce employee material liability in relation to the employer who is bound by an act of control to act in order to recover the damage

Summary/Abstract: This article is the result of a court practice research concerning the statute of limitations regarding the right to enforce the material liability of employees in relation with the employer bound by an act of control to act in order to recover the damage. Only the orientation according to which the act of control and all the more the fact of its challenging do not produce any effect over the statute of limitations may sustain, due to its clarity and coherence in the interpretation of the applicable legal provisions, a uniform case law. This conclusion is based upon the rationale developing the distinction between the fact of damage and the act of control, as well as the quality of the parties to the employment relation, to which the Court of Auditors and the other controlling institutions do not belong.

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