Acţiune în constatare. Excepţie de ordine privată invocată prin întâmpinare tardivă. Efecte. Natura termenului de acceptare a succesiunii. Repunerea în termenul de acceptare a moştenirii: JURISPRUDENȚĂ COMENTATĂ ŞI ADNOTATĂ

Alexandru Asiminei

Declaratory action. Private-policy plea raised by way of an untimely motion of defence. Effects. Nature of the deadline for acceptance of succession. Reinstatement within the time limit for acceptance of inheritance

JURISPRUDENȚĂ COMENTATĂ ŞI ADNOTATĂ

Authors

Alexandru Asiminei Author

Abstract

The Court rejected as inadmissible the plea that the action was brought out of time, given that only the defendants were entitled to rely on it by way of a statement of defence, but only if it had been lodged within the period prescribed by law.

As regards the nature of the 30-day time limit for the acceptance of the succession, according to the legal regime of extinctive prescription, it cannot be invoked ex officio, according to Article 2.512 para. (2) of the Civil Code, as it is a private matter. In this regard, the court also took into account the provisions of Article 2.547 of the Civil Code, according to which, if it is not clear from the law or from the parties' agreement that a certain period is time-barred, the rules of prescription are applicable.