Obsolescence. The starting point of the term. Act interrupting the lapse

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The plaintiff should have applied for the case to be reinstated in order to avoid the expiry of the limitation term, which began to run from the date on which the judgment in that case became final. If the optional stay is ordered until the judgment in the case which caused the stay has become final, the limitation term starts to run from that moment, since the party involved in both proceedings is aware of the fact that the judgment has become final.

Indeed, the Court summoned the parties on 8.11.2021, for the term of 7.12.2021, however, this procedural act was carried out for the discussion of the plea of case obsolescence, as it appears from the concept, so that the summons of the parties was not made for the purpose of the trial of the case, not being an act interrupting the case obsolescence within the meaning of Article 417 of the Code of Civil Procedure.