The application in time of the civil law in point of the limitation term. The commencement of the limitation period in actions for annulment of legal acts for fraud, concluded under the new Civil Code

DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

Abstract

According to the orders included in the Decision of the High Court of Cassation and Justice no. 1/2014, by the provisions of Art. 201 of Law 71/2011, the law set that the limitation terms initiated and incomplete on 1 October 2011 are governed by the old law in order to ensure legal stability. The law applicable to the beginning of the limitation term will govern both the substantive and procedural law issues regarding the limitation term, even if it is fulfilled after the entry into force of the Civil Code. 
Consequently, the legal acts concluded before the coming into effect of the new Civil Code are subject to the regulations in force on the date of their conclusion, i.e. the Civil Code of 1864 and Decree 167/1958. 
For the acts concluded after the entry into force of the new Civil Code, the provisions of Art. 2.529 para. (1) letter b) of the New Civil Code, given the reason for annulment invoked (fraud), and the limitation period starts to run from the day when it is found, which is a subjective factual element that can be proved with any means of evidence.