The Judgment of Expedient

27 February 2020

Often, in disputes, the parties conclude that it is more profitable to make waivers and mutual concessions so as to achieve a balanced decision on both sides within the optimum timeframe. In this post, we want to make known the notion of The Judgment of Expedient.

The Judgment of Expedient represents the act by which, following the agreement of the parties, the proceedings shall be concluded and the court shall deliver the Judgment of Expedient which contains the matters stipulated by the parties in the transaction and brought to the attention of the court. The judgment is not the result of the debates and does not establish a factual situation depending on the evidence administered, in which sense the existing process between the parties will be put to an end in the best possible time.

For example, we are in the process of canceling the sale-purchase contract relating to ownership of the building 1, concluded between A and B. The parties, after witness hearings and a period of two years from the commencement of the dispute, and after that an expertise will be done in this case, note that the balance does not tilt as would have been expected and that the process takes much longer than the parties expected. In this situation, in relation to the expenses to be incurred by both parties, to the fees that will still have to be paid for each term, the parteies decide to conclude a transaction and will ask the court to take note of their claims. In this situation, the court will analyze the transaction concluded between the parties and will issue the Judgment of Expedient that will contain the clauses desired by the parties.

For more details regarding the conclusion of a transaction and the decision that confirms it, our team is at your disposal!