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Annotation
The proceedings are under Art.290 et seq. of the Civil Procedure Code and have been admitted due to the established inconsistency between the contested decision and DPSC 7/1973, upon interpretingthe provision of Art. 110 of LOC relating to the beginning of the limitation period for bringing an action under Art. 30, para. 1 of the Law of Succession.
The second reasonfor admitting the cassation appeal is under Art. 280, para. 1, item 3 of the CPC regarding the powers of the appellate court to consider as unproven a fact which is relevant to the resolution of the dispute and for which the first instance court has not given instructions for gathering of further evidence in the case report pursuant to Art. 146, para. 2 of the CPC, which omission has not been resolved by the appellate court under Art. 267 of the CPC.
Keywords
reserved portion, inheritance, testament, case report
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