Tipologia acţiunii prin care se solicită pronunţarea unei hotărâri care ţine loc de contract

PANTELIMON MOVILĂ*

* e-mail: paul.movila@yahoo.com

Judecător - Judecătoria Sectorului 2 Bucureşti

Preşedintele Secţiei civile a Judecătoriei Sectorului 2 Bucureşti

ABSTRACT

The present study will mainly focus on the typology of the action requesting the delivery of a judgment in lieu of a contract, taking into account some doctrinal and jurisprudential "misunderstandings" regarding the admissibility of this action during the period of application of the Civil Code of 1864. The analysis will take into account, in addition to the theoretical aspects of the subject, the case law developed on the substantive conditions of the action for a judgment in lieu of a contract. The selected judgments are mainly handed down by the District 2 Court of Bucharest, but relevant practice has also been identified in the case law collections dedicated to this topic. The purpose of analyzing the judgments is both to...