Determinarea competenţei instanţei de executare prin raportare la sediul secundar al persoanei juridice debitoare. Consecinţe în planul determinării competenţei executorului judecătoresc

Determining the jurisdiction of the enforcement court by reference to the secondary place of business of the debtor legal person. Consequences for determining the jurisdiction of the bailiff

Abstract

Decision No 6/2023 of the High Court of Cassation and Justice - Panel competent to hear appeals in the interest of the law settled, at the request of the public prosecutor of the Public Prosecutor's Office of the High Court of Cassation and Justice, a controversial issue concerning the determination of the jurisdiction of the enforcement court by reference to the secondary place of business of the debtor legal person. The decision of the Supreme Court refers to the general provisions of the Civil Code relating to the elements of identification of the legal person and establishes that it may fall within the...