Lexploria - Legal research enhanced by smart algorithms
Lexploria beta Legal research enhanced by smart algorithms
Menu
Browsing history:

DOAGA v. THE REPUBLIC OF MOLDOVA

Doc ref: 21039/11 • ECHR ID: 001-209789

Document date: April 7, 2021

  • Inbound citations: 0
  • Cited paragraphs: 0
  • Outbound citations: 2

DOAGA v. THE REPUBLIC OF MOLDOVA

Doc ref: 21039/11 • ECHR ID: 001-209789

Document date: April 7, 2021

Cited paragraphs only

Published on 26 April 202 1

SECOND SECTION

Application no. 21039/11 Zinovia DOAGA and Olga DOAGA against the Republic of Moldova lodged on 24 March 2011 communicated on 7 April 2021

SUBJECT MATTER OF THE CASE

The applicants are the wife and daughter of D. They inherited a plot of land from D., but two other persons claimed that the land had been exchanged for another piece of land by D. years ago. The applicants eventually lost. They complain that the domestic courts examined a court action lodged by the other party in the domestic proceedings after the expiry of the limitation period and that they examined a late appeal, in breach of the principle of legal certainty and without giving any reasons.

The applicants complain of a breach of Article 6 § 1 and of Article 1 of Protocol No. 1 to the Convention.

QUESTIONS TO THE PARTIES

1. Has there been a violation of Article 6 § 1 as a result of the examination of a court action against the applicants lodged after the expiry of the limitation period, as well as of examining a late appeal? (see Baroul Partner-A v. Moldova , no. 39815/07 , §§ 34-42, 16 July 2009 and Ghirea v. Moldova , no. 15778/05, §§ 30-36, 26 June 2012)

2. Has there been a violation of Article 1 of Protocol No. 1 to the Convention? Was the interference with the applicants ’ property right lawful, notably in the light of examining a court action lodged outside the limitation period and a late appeal? ( Baroul Partner-A , cited above, §§ 43-52 )

© European Union, https://eur-lex.europa.eu, 1998 - 2025

LEXI

Lexploria AI Legal Assistant

Active Products: EUCJ + ECHR Data Package + Citation Analytics • Documents in DB: 400211 • Paragraphs parsed: 44892118 • Citations processed 3448707