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The Exception of Extinctive Prescription. Appeal in the Interest of the Law

By Decision No. 1/2014 that is about to be published in the Ist part of the Official Gazette, the Supreme Court of Justice admitted the appeal in the interest of the law submitted by the General District Attorney of the Prosecutor’s Office attached to the Supreme Court of Justice and the Board of Constanta Court of Appeal of establishing that: “In the interpretation and enforcement of art. 5, art.201, art.223 of the Law No. 71/2011 for the enforcement of Law No.287/2009 (Civil Code) the Court concludes that the extinctive prescriptions started before the 1st of October 2011, elapsed or not at this date, shall remain governed by the provisions of art. 18 of Decree No. 167/1958 regarding the extinctive prescription.

As a consequence, according to this, both Courts, ex officio and the interested parties may contend the exception of the extinctive prescription, regardless of the state of the proceeding and even if the process started after the 1st of October 2011.”