Recalificarea temeiului juridic al cererii de chemare în judecată. Executarea silită în natură a obligaţiei de a face. Executarea prin echivalent. Termen de executare

Reclassification of the legal basis of the statement of claim. Enforcement in kind of the obligation to do. Enforcement by equivalent. Term of enforcement

Abstract

In order to incur civil liability in tort and contract, it is necessary that the tortfeasor has culpably committed a wrongful act which gives rise to an obligation to repair the damage. Pursuant to Article 1350 para. (3) of the Civil Code, neither party may waive the application of the rules of contractual liability in order to opt for other rules which would be more favourable to him. Whenever the damage caused is based on a contractual relationship, but the party bases its action on the rules of contractual liability, under Article 22(4) of the Civil Procedure Code, the reclassification of the legal basis of the action must be called into question.

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