The High Court of Cassation and Justice has decided that, in the situations in which the legal relationship submitted for trial has an extraneity element due to the legal parties, under art. 149 of Law nr. 105/1992 (art 1065 of the New Procedural Civil Code), the court with subject-matter jurisdiction will be the court who has the jurisdiction where the head office of the acussed is located. The High Court of Cassation and Justice highlighted that it is the courts obligation to establish the applicable law in a conflict between the country`s law that had received the submission of trial (lex fori) and the foreign country, the court having the power of not taking into account the laws indicated by the latter. In the case, The High Court decided that the cession of credit (the classification of the legal relationship), art. 120 from Law nr. 105/1992 stipulates that, if the parties had not decided the applicable law, the obligations between the assignor and the assignee will the subjected to the law applicable for the legal relationship on which the cession was grounded.

:: The source: JURIDICE.ro

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