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Legislation

Law 10/2001
Law 18/1991
Acquiring the ownership right 
Debt recovery (demand for payment)
Setting up trading companies

               Law 10/2001 – On buildings abusively appropriated during 6 March 1945 – 22 December 1989

               The buildings that were nationalized or became the Romanian State's property, irrespective of the form of confiscation, during the Communist regime, could be claimed under the terms of Law 10/2001, modified by Law 1/30.01.2009, that stipulated the obligation of filing a restitution claim within a few months during 2001.
The modification of Law 10/2001, by Law 247/2005 and Law 1/2009, does not address the reopening of the right of filing the restitution claim for the buildings that were nationalized or taken over by any means by the State, therefore these modifications apply only to those who filed in 2001 the notification for restitution or for granting the compensation.
Most of the notifications for restitution in kind of the buildings have been resolved, and most of the notifications for granting compensation  are pending, procedure which is quite slow especially due to the lack of financial resources.
The reopening of the right of filing restitution claims for the nationalized buildings may be achieved in future only by coming to the power of a political  leadership who agrees with it, but it also depends upon the future financial resources of the State, because in this eventual situation it may be considered the possible granting of only some compensations (most of the buildings are already sold or introduced in the civil circulation in Romania).

               Law 18/1991 –  Land Law

               The lands on the Romanian territory that were subject in any way to cooperativisation, or the agricultural or forestry lands taken over by the State from  their former owners could be claimed by the former owners or their inheritors under the terms of Law 18/1991, which has been subsequently modified several times, the last modification was made by Law  247/2005.
According to the above mentioned legal provisions the restitution of lands within and outside the incorporated area could be claimed by filing formal requests,  in several stages, the last deadline for filing the said claims expired at the end of  2005.
There have been issued titles of property to those who filed the restitution claim under the Land Law, procedure which in fact is still in progress, and is subject to submitting evidence attesting the right of property hold by the former owners.
One of the conditions of restoration of property rights in the favour of former owners or their inheritors is to be a Romanian citizen or obtain residence on the Romanian territory.



DEMAND FOR PAYMENT, A RAPID METHOD OF DEBT RECOVERY

The Romanian legislation in force allows the possibility of obtaining in a relatively short time a writ of execution so that the creditor will commence the execution of his debt. Moreover, the procedural forms for obtaining the writ of execution are simplified. There has to be paid a stamp duty and a judicial stamp in value of 40 lei.
When is it necessary to make a demand for payment
The demand for payment is necessary for the recovery of debts, receivables, etc. It is one of the first steps necessary to be taken for the recovery of some amounts, values. The demand for payment is carried out through Court proceedings, and the process is of medium complexity.
Demand for payment
The application regarding the demand for payment is filed with the competent Court to hear the merits of the case in first instance.
There are two conditions for admissibility of demand for payment:
  the existence of a document attesting the rights and the undertaken pecuniary obligations
  the existence of an uncontested, liquid and enforceable debt
Lawyer – Demand for payment
If you wish to initiate the proceedings for debt recovery, filing a suit for demand for payment, you may collaborate with a Lawyer in the following matters:
  legal consultancy for initial information and to gather the case
 drawing up the writ of summons, build the case
  lodging the file 
  representation before the Court during the trial 
  legal consultancy during the trial
  negotiation with the other party for amicable settlement of the dispute and debt recovery
  other juridical activities 
There has to be mentioned that although the activities performed by the Lawyer  during a trial for demand for payment are not of high complexity, the Lawyer's  assistance in such a trial is more than necessary.
The erroneous pleading of the point of view, the erroneous motivation of the case may lead to serious prejudices to the parties involved in a trial for demand for payment.
Other legal aspects related to the demand for payment
The procedure of the demand for payment is restrictive from the evidentiary aspect, as there is accepted the documentary evidence, excluding the testimonial evidence. According to art. 4 paragraph 2 of GO 5/2001, the judge may require explications and explanations.
The judgment on rejection of request for annulment is irrevocable. The ordinance containing the demand for payment may be challenged only by the debtor through request for annulment.
Legal grounds: Government Ordinance 5/2001, with subsequent modifications.

FORCED EXECUTION OF A PAYMENT  OBLIGATION ESTABLISHED BY A COURT DECISION OR BY OTHER INSTRUMENT (USUALLY AN AUTHENTIC NOTARIAL DEED)

The forced execution of any debts may be done during a prescription period of 3 years by judicial executors.
The forced execution procedures through the judicial executor are the followings:

  1. forced execution through garnishment of debtor's incomes (bank accounts, salary from the working place, pension, etc);
  2. forced execution of debtor's movable assets 
  3. forced execution of debtor's immovable assets; by selling the said real property at auction;

The necessary formalities are the followings:

  1. to obtain the writs of execution
  2. to draw up the petition addressed to the judicial executor;
  3. to pay the judicial executor's fee;
  4. to pay the lawyer's fee (if the petition is made by a lawyer);
  5. to provide the judicial executor with all information known by the creditor  regarding the debtor's assets or incomes that are going to be executed

All expenses incurred for the forced execution shall be recovered at the time of debt's execution.

 

DOCUMENTS REQUIRED FOR COMPANY FORMATION

  1. Name reservation  – Trade Register Office;
  2. Capital share – Bank (S.R.L.(LLC) – minimum 200 RON, S.A.(Joint-stock Company – minimum 2500 RON);
  3. Articles of incorporation
  4. Proof related to the registered office
    1. Land Register abstract (validity: not older than 6 month), original – updated;
    2. Free renting Contract or Renting contract;
    3. Tenants' consent;
    4. Flat owners' association consent (registration no., administrator or president's name and signature, stamp)
  5. Statement on own responsibility; Signature specimen;
  6. Tax fraud record for founder shareholders and administrators;
  7. Copies of identity documents of the  founder shareholders and administrators;
  8. Fiscal stamp and judicial stamp;

If the sole shareholder or any of the shareholders is a legal entity, the following documents are also required:

    • articles of incorporation of the legal entity;
    • decision of the general meeting whereby it is decided the formation of a new company, the contributions, name, registered office of the new company, and the person authorized by the legal entity to sign the  company formation documents;
    • updated confirmation of company details issued by the Trade Register;
    • bank creditworthiness letter;

     

 
 

LAW PRACTICE “RACZ FERENC”


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Post code: 410018, jud. Bihor
Tel. office: 0040359446965;
0040259472542
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