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By the judgerapporteurs the arguments of

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發表於 2023-12-27 18:54:50 | 只看該作者 回帖獎勵 |倒序瀏覽 |閱讀模式
Aconstitutional from the perspective of art. para. of the Constitution since the effects produced by it refer to facta pendentia without affecting legal situations exhausted before its entry into force. . According to the court the exception of unconstitutionality is founded from the perspective of art. para. from the Constitution. Law no. affects the legitimate hope of the creditor beneficiary of a certain liquid and enforceable claim to acquire an asset in the sense of the jurisprudence of the European Court of Human Rights since in exchange for the amount of money he is entitled to receive it is forced.

To accept for payment a property whose value may be lower than the Country Email List monetary claim and thus bear risks that could not be foreseen at the time of concluding the credit agreement. . According to the provisions of art. para. from Law no. the notification documents were communicated to the presidents of the two Chambers of the Parliament the Government and the Peoples Advocate in order to express their views on the exception of unconstitutionality.



The Presidents of the two Chambers of the Parliament the Government and the Peoples Advocate did not communicate their views on the exception of unconstitutionality. C U R T E A examining the referral documents the reports drawn upthe present parties the submitted written conclusions the prosecutors conclusions the criticized legal provisions related to the provisions of the Constitution as well as Law no. notes the following . The Constitutional Court was legally notified and is competent according to the provisions of art. lit. d from the Constitution as well as from art. paragraph of art. and of Law no. to resolve the exception of unconstitutionality. . In outlining the object of the exception of unconstitutionality whose solution is vested in the present case the.

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