- Category: Restore of intinal situation (restitutio in integrum)
- Published: Tuesday, 04 August 2015 12:27
- Written by Super User
- Hits: 2799
Restitutio in integrum, according to the article 730, par.2 of the Civil Procedure Code. Indispensable requirement for the application of this provision is the irrevocable ascertainment of non-existence of substantial right. Application of the father for restitution of the paid alimonies for minor child, due to final assignment of the minor’s custody to him. Non-legal application, since the decision of the custody assignment did not reveal the non-existence of the minor’s custody right during the time of the mother’s custody, therefore the requirement for irrevocable ascertainment of non-existence of substantial right is not met for the time period in issue.