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The REGULATION (EU) No 655/2014 for establishing a European Account Preservation Order procedure will be applicable in Romania, and in all other EU states, from 18th of January, with no other implementation in the national legal systems as EU regulations are of direct applicability. The regulation establish a procedure for freezing the bank accounts of counterparties...

The European Payment Order is a simplified procedure for cross-border monetary claims which are uncontested by the defendant, based on standard forms. Standard forms have been drawn up for the European Payment Order and are available on the European e-Justice portal (https://e-justice.europa.eu) in all languages. In Romania the courts that have jurisdiction to give a judgement for...

The European Small Claims procedure is designed to simplify and speed up cross-border claims of up to €2000. The European Small Claims Procedure is available to litigants as an alternative to the procedures existing under the laws of the Member States. A judgement given in the European Small Claims Procedure is recognized and enforceable in another Member...

In November 2013, Bucharest, the capital of Romania, was the host of the third edition of the China – Central and Eastern Europe Economic Forum. Chinese Premier, Li Keqiang and homologues from 16 countries Central European and Eastern Europe, 1,000 representatives of private companies and state gathered in Bucharest to discuss, negotiate and conclude important agreements,...

Exequator is a procedure regarding the recognition of foreign judgments in Romania by court order. It is a judicial procedure in which, after the control of the Romanian law court over the foreign decisions pronounced by the law courts on the territory in which the enforcement is requested. If   a judgment given by a foreign law court...

What changes does the Law 277/2009, from July 7, 2009, bring to the Law 85/2006 referring to the insolvency procedure, regarding the contractual relations from the debtor and its creditors Regarding the contracts between the debtor and its creditors, the new law, adopted at the middle of July, brings a few changes that are meant to...

By the Emergency Ordinance no. 92/2009 the Romanian Government had taken same new measures for ease the effects of the world economic crisis. By this Emergency Ordinance the companies that have debts to the revenue authority will receive a tax deferral at most for 6 months. For a company to receive this type of tax deferral must...

The most important laws regulating the corporate activities area are the Company Law no. 31/1990 and the Trade Registry Law no. 26/1990. The Company Law no. 31/1990 is the most important enactment, which expressly regulates the establishment and functioning in Romania of all commercial companies (registration procedures, companies’ administration, rights and obligations of the shareholders,...

Why generate electricity from renewable energy sources (E-RES) in Romania? The production of electricity from renewable energy sources (E-RES) is a high priority of now-a-days for reasons of environmental protection, increase the energy independence from imported electricity by getting a wider range of energy sources as well as for other reasons of economic and social cohesion. Romania...

The 51/1995 Law, with its subsequent amendments and completions acknowledges the following form of exercising the lawyer profession in Romania: Individual Law Offices Associated Law Offices Professional Civil Societies Professional Limited Liability Societies In an individual law office may exercise his profession a lawyer, alone or together with other Romanian or foreign lawyers. The individual law offices can associate with a...

In Romania the lawyer profession is free, independent, with autonomous organization, functioning and administration, settled as provided by Law 51/1995 regarding the organization and practicing the lawyer profession and the Code of ethics of this profession. Exercising the lawyer profession is subdued to the following fundamental principles: ·        Principle of legality ·        Principle of freedom ·        Independence principle ·        Principle...

The Power of Attorney (POA) is the act in which the Romanian lawyer receives the authorization to develop a certain activity in the name and for the client, whether he is a natural or legal person. It is a written special mandate, given by the client to the solicitor, representing the collaboration’s general framework, the most...

Regarding its organizational structure, the Trade Register shall be kept by “The Trade Register Office”, which is organized in every county and in Bucharest, near the local trial court. Nationwide, the central trade register is the National Trade Register Office, which is operating near Bucharest Law Court. In the interest of the society, the law establishes the...

In Romanian Law a debt represents a patrimonial right in on the basis of which the creditor can request from another person (named debtor) to act per his obligations. The debt is of a relative character, being only opposite to the debtor. Per its stipulations the creditor gains a possessory lien over the debtor’s patrimony. In...

Obtaining compensation in the form of damages from the offender Conditions A claim for damages in the trial against the offender (the criminal proceedings) can be made in a criminal trial where the victim of a crime may obtain damages from the perpetrator of the crime by participating in the trial as a civil party. A civil action...

The New Civil Code entered into force at October 1st 2011 has brought changes regarding family relations. In the opinion of the Civil Code, besides the divorce cases stated in the old regulation, appears a new cause for divorce in Romania: de facto separation of the husbands has lasted at least 2 years. Divorce cases Divorce cases in...

General Information The Regulation, which will apply from 2008, establishes a European procedure for orders for payment. The procedure simplifies, speeds up and reduces the costs of litigation in cross-border cases concerning uncontested pecuniary claims. The Regulation permits the free circulation of European orders for payment throughout European Union (EU) countries by laying down minimum standards,...

Work-related rights As an EU national, you do not need a work permit to work in another EU country and live there for that purpose. Your right to work in the EU might be temporarily restricted if you are a national of: Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Slovenia, Slovakia Romania, Bulgaria If you work in another EU country,...

Rights, conditions and formalities Staying abroad for up to 3 months As an EU national, you have the right to stay in another EU country. If you stay there for less than 3 months, all you need is a valid identity card or passport. In many EU countries, you need to carry a national identity card or passport...

Temporary stays If you stay in another EU country for less than 6 months, you do not have to register your car or pay any taxes there - it will remain registered in your previous country of residence. If you are staying in another EU country for less than 6 months and have not registered your car,...

1. Definition of the legal term "parental responsibility". The rights and duties of a holder of parental responsibility. "Parental responsibility" means the rights and duties of parents to their children who are minors.  In accordance with Article 97 of the Family Code, both parents have the same rights and responsibilities to their children who are minors,...

1. Enforcement in civil and commercial matters Definition The provisions regarding enforcement in civil and commercial matters are contained in articles 372-580 of Romania’s Code of Civil Procedure. Under the Romanian legal system, the enforcement represents the second stage in civil or commercial proceedings, and its main objective is to ensure effective and efficient recognition of rights conferred...