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Gheorghe DURAC: Theoretical and practical aspects of the court settlement

Abstract: The transaction is defined as "a contract by which the parties terminate a started trial, or by which they avoid a trial which may occur by reciprocal concessions, consisting of reciprocal renunciations to the claims or new services, performed or promised by a party provided that the other party waives the right that is disputed or doubtful". In other words, the transaction (judicial) is the agreement between the parties, which is expressed and realized by the front-instance judgment, which, without intervene, finds its existence; it is a legal contract.

Key-words: court settlement, contract, civil lawsuit.


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