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- Title
Conflict pozitiv de competenţă ivit între lichidator şi executo rul judecătoresc. Cerere de soluţionare a incidentului procedural. Inadmisibilitate.
- Abstract
According to art. 135 para. (3) of the new Code of civil procedure, there is a conflict of jurisdiction also when arising between the courts and other bodies carrying on jurisdictional activities, and in this case the conflict of jurisdiction is settled by the court of law hierarchically superior to the court involved in the conflict of jurisdiction. The conditions set forth in art. 135 para. (3) of the new Code of civil procedure are not fulfilled in relation to the claim requesting the settlement of a positive conflict of jurisdiction arising between a liquidator and a bailiff and the assignation of the institution provided by law and having the material jurisdiction as regards the assets capitalization, as well as the allotment of the amounts found or entered in the debtor's accounts, following the opening of the collective liquidation procedure, such a claim being inadmissible.
- Subjects
CONFLICT of laws -- Jurisdiction; LEGAL settlement; BAILIFFS; LAW reform; CIVIL procedure; DEBTOR &; creditor
- Publication
Romanian Case Law Review / Revista Română de Jurisprudenţă, 2014, Issue 2, p52
- ISSN
1844-6450
- Publication type
Article