Analysis of Supreme Court Judgments No. 976/2567 (En Banc Review) and No. 1781/2567

Abstract

          This article aims to study and analyze the principles of law according to the Criminal Code as appears in Supreme Court Judgments No. 976/2567 (En Banc Review) and principles of law according to the Civil and Commercial Code as appears in Supreme Court Judgment No. 1781/2567.

          Section 332 (2) of the Criminal Code states that in a defamation case where the court finds the defendant guilty, the court may order the publication of the entire judgment or part of it in one or more newspapers, once or many times, with the defendant paying for the advertising. Can the term “newspaper” be interpreted as defined in the dictionary only to mean “printed materials using paper,” or can it also mean information disseminated in a computer system? The Supreme Court has ruled in Judgment No. 976/2567 (Plenary Session), which the author has noted in the notes at the end of the judgment.

          In a case of divorce and division of marital property where the court ruled by consent, the plaintiff agreed to give land to the defendant, and the defendant agreed to share the rental proceeds of that land with the plaintiff until his death without prohibiting the defendant from selling the disputed land. Later, when the defendant sold the land to another person, can the plaintiff sue the defendant for damages in the form of future rental income? Will the object of the debt be considered as payment of a debt in money only? Or will the object of the debt be considered an act that is impossible because the defendant has already sold the land to another person? The Supreme Court has ruled in Judgment No. 1781/2567, which the author has noted in the notes at the end of the decree.