Functional jurisdiction. Conflict of jurisdiction between the civil divisions of the court

LITIGII CU PROFESIONIŞTI

Abstract

The procedural subject-matter jurisdiction of specialized courts/divisions shall be determined depending on the object or nature of disputes and not in relation to the capacity of 
professional of the parties to the legal relationship.

The object of the casefile is an appeal against the proper enforcement (lawfulness of the provisions of the loan agreement was verified in another casefile). In this context, the nature of 
the claim to be enforced lacks relevance, as the applicable procedural rules and the rules of substantive law are the civil rules of “common law”. The nature and object of the dispute entail 
the functional jurisdiction of the First Civil Division of Braşov Court.