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universul juridic magazin
Revista Română de Drept Privat

Scurtă analiză a practicii instanţelor judecătoreşti după publicarea Deciziei Curţii Constituţionale nr. 623/2016

As a result of the publication in the Official Journal of the Decision of the Constitutional Court no. 623 of 25 October 2016, the courts responsible for the settlement of appeals regulated by art. 7 paragraph (1) of Law no. 77/2016 or of the claims lodged by the debtors, regulated by art. 8 paragraph (1) of the same legal act, faced with the need for complying the procedural steps necessary to undertake in the files pending before the courts with the matters upheld by the contentious constitutional court in its decision. To this end, the manner in which the courts proceeded upon developing the considerations of the Decision of the Constitutional Court has not always revealed the existence of an unitary practice, at least from the perspective of the manner in which the legal proceedings was conducted after the publication of the respective decision. Nevertheless, considering the particular nature of the facts subject to the examination of the court, the legal proceedings could not be conducted in the same manner either, in all its respects, in all files pending before the court. This article describes certain rules needed to be observed in giving judgment of the actions based on Law no. 77/2016, and these rules arise from the recent judicial practice relating to the obligation of renegotiation of the agreement, to the unforeseen situation and to the material situation of the debtor, but also a brief summary of the manner in which the legal proceedings were conducted, after the publication of the Decision of the Court, in files whose object consists in the claims regulated by Law no. 77/2016, for the purpose of highlighting, when necessary, the examples of good practice, for the just settlement of the cases regulated under the respective Law, to be settled within the next period.