Asupra câtorva probleme juridice incidente în Decizia nr. 3556/2006 a Înaltei Curţi de Casaţie şi Justiţie, Secţia Comercială. Depunerea acţiunii în a
On certain juridical problems incident in the Award no. 3556/2006 of The High Court of Cassation and Justice, the commercial Section. Filing the actio

Summary/Abstract: In a comment published in a specialized journal several months ago, several legal issues were analyzed, issues that are incident in the Award no. 3556/2005 of the High Court of Cassation and Justice, the Commercial Section. From among the problems therein discussed, this study debates upon the identification of the court where the action for annulment of an arbitral decision is filed, the distinction between the legal basic capacity and the legal capacity of the legal entity and the cumulation of the damages for delay and for failure to perform. Regarding the first issue, it is argued that the action for the annulment of an arbitral decision is filed at the court having the competence to judge it. With respect to the second problem, it is indicated that, from the point of both lege lata and lege ferenda, the distinction between the legal capacity and the legal basic capacity is manifest also in the case of the legal entity, with consequences on the process of constituting the will for the conclusion of legal acts, on the sanctions applicable for the non-compliance with the rules of this process, on the legal incapacity of the legal entity and on the position of the legal entity in the situation of insolvency. Concerning the third issue, the study mentions the categories based on which the damages are classified into damages for failure to perform and damages for delay and, starting from the correct content of each of these categories, it reminds and explains the regulation from the Civil Code that stipulates their alternative, and not cumulative, granting.

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