Calificare cerere. Temeiul răspunderii

Request qualification. Basis of liability

Abstract

Noting that the plaintiff had not indicated the legal basis for the defendant's obligation to pay damages, the court requested the plaintiff's contractual representative to indicate this basis in writing by the next deadline, an obligation which was not fulfilled. However, present in the courtroom at the hearing, the lawyer orally stated that he intended to rely on the provisions of Articles 30-38, in particular Article 34 of Law No 393/2004, so that the court analysed and resolved the application strictly by reference to the rule invoked and the basis of the defendant's liability under the text invoked, without referring to the provisions of Article 22 para. (4) of the Civil Procedure Code, in order to reclassify the claim with regard to the facts presented by the plaintiff, with regard to the qualified defence and with insistence on the legal basis indicated.

Rezumat

Constatând că reclamantul nu a...