CODE OF CIVIL PROCEDURE IN ROMANIA
This article will provide guidance on the Code of Civil Procedure in Romania. The Romanian civil legal system distinguishes between lower and higher courts, establishing subject-matter jurisdiction among different-ranking courts based on functional and procedural criteria (value, subject matter, or nature of dispute). The Civil Procedure Code of Romania outlines the standard civil procedure. Romanian governing laws do not state otherwise, but their provisions apply to other subjects.
Romania has strict requirements for serving legal documents, and failure to comply with these requirements can result in delays or even the dismissal of your case. An agency like Undisputed Legal can ensure that the service of process is done correctly and in compliance with local regulations, including the proper method of service and the filing of affidavits of service.
The plaintiff must file an admissible claim against the defendant to initiate legal procedures. The court panel's decision regarding the claim is susceptible to a first appeal and, under specific conditions and grounds, a second appeal before the higher courts. Unless the parties negotiate a settlement agreement during the trial, the disagreement will be settled by a panel of one or more judges, depending on the nature of the case, the court, and the trial phase.
The judge might evaluate the evidence based on their beliefs, taking each piece of evidence and the entire body of evidence into account. The burden of proof lies with the person making the statement in court. Depending on the nature of the disagreement and the necessity to prove a particular fact, the burden of proof may change between parties.
The county courts have general jurisdiction, whereas the local courts, courts of appeal, and the High Court of Cassation and Justice has jurisdiction exclusively in issues expressly allowed by law. Commercial issues of a value lower or equal to RON200,000 must be brought by the local courts, but disputes with a value beyond this threshold fall under the purview of the county courts.
The Constitutional Court of Romania solely hears constitutional issues arising from business disputes. People cannot directly bring constitutional cases with the Romanian Constitutional Court. Suppose constitutional issues are raised during a business dispute. In that case, the judge of the commercial dispute may file a case with the constitutional court addressing the constitutional issues highlighted, and the case will be resolved independently of the pending commercial dispute.
The parties to the commercial dispute may participate in the proceedings of The Constitutional Court of Romania if the constitutional matter is filed with that court. Courts are the only acknowledged method for transferring evidence. In civil matters, the complainant submits sufficient copies of its evidence to the court for the court and all defendants. At Undisputed Legal, we ensure that any documents we serve adhere to each court's specific process service requirements. The regulations for documents addressed to each court will differ, and we ensure that any service done is meticulous and efficient.
PHASES OF A CASE IN ROMANIA
In 2012, the preliminary procedure of direct conciliation in commercial disputes was abolished. In administrative matters, the claimant must file a preliminary complaint before presenting a claim; otherwise, the claim will be deemed premature, inadmissible, and denied. In addition, unique preliminary procedures are relevant to different types of disputes.
The claimant is required to submit a complaint via email or fax. The original complaint must be filed with the court registry. A document transmitted through email or fax is filed with the court as of the date and time of receipt, as confirmed by the court's computer or fax.
In certain circumstances, the complaint must be filed within a specified timeframe. Before delivering a copy of the complaint to the defendant, the court may request that the claimant revise or complete the claim and give the court the original proof of judicial stamp duty payment. It should be known that the service of process in Romania can be complex and time-consuming, especially since the possibility of international service going awry is much more likely. Variables in the delivery of documents across countries mean that only the best service providers should be opted for to ensure that you minimize the possibility of your papers being rejected. Our team at Undisputed Legal can streamline the process and ensure that your legal documents are served promptly, allowing your case to proceed without delay.
SERVICE OF PAPERS IN ROMANIA
The court serves the defendant with a copy of the complaint and advises the defendant of its responsibility to file a response within twenty-five days of receiving the complaint. The punishment for non-compliance is the loss of the right to present evidence and to raise summary judgment grounds, except for public order grounds. In some instances, the deadline for submitting a defense brief is shortened. The deadline for cases involving public procurement is five days after receiving the complaint. The statement of defense is delivered to the claimant, who has ten days from receipt to file a response. The submission of a response to the statement of defense is voluntary.
After that, the procedural inquiry commences, which includes the administration of evidence, the assessment of the pleas, requests, and interventions, and taking all required steps to prepare for the parties' final argument. The argument focuses on the facts and legal arguments highlighted by the parties and the court. The judge can accept fresh evidence at this phase without reopening the investigation phase.
By hiring a private process service agency like Undisputed Legal to handle the service of documents in Romania, you can have peace of mind knowing that your legal documents are in capable hands. You can focus on other aspects of your case while your process server ensures your documents are served correctly and promptly.
ENFORCEMENT OF A LOCAL JUDGEMENT
All judgments are executable by bailiffs. The demand for execution must be registered with the bailiff in the division of the appeals court where the immovable property to be executed upon is located. After three days of registering the enforcement claim, the bailiff must file a claim for authorization of the enforcement procedure with the enforcement court. Subject to restrictions allowed by law, the enforcement court is the court of the debtor's headquarters or home when the bailiff is seized. If the debtor's principal place of business or residence is outside the country, the competent local court is that of the creditor's principal place of business or residence.
After notifying the debtor of the enforcement procedure and issuing a demand for payment, the bailiff will initiate the enforcement procedure. During the execution procedure, the debtor may file an objection to the execution (contestatie la executare) with the appropriate execution court.
ENFORCEMENT OF A FOREIGN JUDGEMENT IN ROMANIA
Local courts recognize and use the freedom of choice principle when determining the relevant legislation to a contract. The applicable legal instrument is Regulation (EC) No. 592/2008 on the law applicable to contractual commitments.
Suppose the parties, regardless of their domicile, have agreed that a court or courts of a member state will have jurisdiction over any disputes arising out of or relating to a particular legal relationship. In that case, that court or those courts will have jurisdiction unless the agreement is void regarding its substantive validity under the law of that member state. The Recast Brussels Regulation applies to the execution of foreign judgments rendered in the EU. A judgment rendered in one enforceable member state must also be enforceable in the other member states without any further declaration of enforceability. A copy of the judgment that satisfies the standards required to establish its authenticity. At Undisputed Legal, we pride ourselves on our extensive experience serving papers across the globe. We ensure that your documents adhere to the laws of the originating and the receiving courts and international instruments like the Hague Service Convention and the Recast Brussels Regulation. We recognize the countries in the European Union involve multilateral treaties for the service of papers, and we guarantee that your documents are also compliant with these regulations.
SERVICE OF FOREIGN PAPERS IN ROMANIA
The service of documents between Romania and other EU member states is governed by Regulation (EC) 1393/2007 on the service in the member states of judicial and extrajudicial documents in civil or commercial issues (also called the Service Regulation). Under the Service Regulation, each member state must appoint public officers, authorities, or other individuals competing to transmit judicial or extrajudicial documents to be served in another member state (transmitting agencies).
They receive agencies authorized to accept judicial or extrajudicial documents from a foreign member state. The Romanian transmission agency is all Romanian courts with the authority to immediately serve legal documents to receiving agencies in EU member states (district courts, county courts, courts of appeal, and the High Court of Cassation and Justice). Notaries, judicial executors, and other authorities whose jurisdiction includes the service of documents abroad transmit applications through the district courts of the jurisdiction where they are registered.
Since April 1, 2004, the Hague Service Convention (HCCH Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Cases) has been in effect in Romania. The Ministry of Justice is the central authority. Article 3(1) specifies that the sending authorities is courts and public notaries.
Regulation (EC) 1206/2001 on cooperation between the courts of the member states in the taking of evidence in civil or commercial proceedings is applicable between Romanian and other EU member state courts. Before the proceedings are begun or planned, the court must communicate the standard form request directly to the competent court of another member state to collect evidence. Each member state shall nominate a central authority responsible for providing court information, resolving transmission issues, and sending requests to the appropriate court in extraordinary circumstances. In Romania, the Ministry of Justice is the central authority.
The HCCH Convention on Taking Evidence Abroad in Civil and Commercial Matters 1970 (Hague Evidence Convention) also applies in Romania. In line with the Hague Evidence Convention, a judicial authority of a contracting state may, in accordance with that state's law, send a letter of request to the competent authority of another contracting state to gather evidence or execute another judicial act. A contracting state must appoint a central authority to receive letters of request from judicial authorities of other contracting states and forward them to the appropriate authority for execution.
It usually is difficult and time-consuming to serve legal documents across international borders. Service of process in a foreign country may be very difficult because of the unfamiliarity with local laws, languages, and cultural norms. There might be serious repercussions if you don't properly handle these difficulties, such as a postponement of your case, a dismissal of your lawsuit, or fines for failing to comply with local regulations.
It's important to be cautious when serving documents overseas since laws have different standards in each country. The procedure for serving legal documents varies from one jurisdiction to the next. Service procedures, deadlines, and document formats may all be specified in such guidelines. Due to the gravity of the stakes involved in foreign service of process, it is crucial to collaborate with a reputable process service agency like Undisputed Legal to ensure that your papers get to their destination.
Documents can be faxed at (800) 296-0115, emailed to email@example.com, or uploaded to our website. We do require prepayment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.
Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist will receive all documents.
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New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
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New Jersey: (201) 630-0114 - 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 - 1101 Pennsylvania Avenue, N.W. Suite 300, Washington DC 20004
FOR ASSISTANCE SERVING LEGAL PAPERS IN ROMANIA
Pick up the phone and call Toll-Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your Romania process service needs; no job is too small or too large!
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1. Romania has three specialist commercial courts: the Argeș Specialized Court, the Cluj Specialized Court, and the Mureș Specialized Court. Some courts have specific divisions for commercial and insolvency issues. Nonetheless, numerous courts lack dedicated divisions for such situations. It relies on the demand in the court's jurisdiction and the availability of specialized judges.
2. In accordance with the provisions of Law No. 304/2004 on judicial organization, the High Court of Cassation and Justice (Înalta Curte de Casație și Justiție) consists of four sections, each with its jurisdiction:
- the Civil Section I,
- the Civil Section II,
- the Criminal Section, the Administrative and Tax Litigation Section,
- the Nine-Judge Panel and the Joint Sections.
Courts of appeal, tribunals, or district courts, as applicable, have specialized sections or panels for civil cases, criminal cases, cases involving minors and family matters, administrative and tax disputes, labor disputes and social insurance, companies, the Trade Register, insolvency, unfair competition, maritime and fluvial cases. Specialized tribunals may be established to rule on the aforementioned matters as appropriate.
3. If the enforcement operation involves movable goods or bank accounts, the competent bailiff is within the appeal court's jurisdiction that encompasses the debtor's residence or place of business.
4. Insofar as the overriding required provisions of the law of the nation where the duties deriving from the contract must be or have been executed render the performance of the contract unlawful, the effect may be given to those provisions.
Article 9(3) of Rome I requires consideration of the provisions' nature, purpose, and the implications of their application or non-application when determining whether to give them effect.
5. The certificate is given pursuant to Article 53, attesting that the judgment is enforceable and contains an extract of the judgment and, if applicable, pertinent information on the recoverable expenses of the proceedings and the computation of interest.
6. Article 32(1)(c) of Law No. 189/2003 on international judicial assistance in civil and commercial matters designates the district court of the jurisdiction where the recipient is domiciled or has its registered office as the Romanian receiving agency for requests for service of judicial and extra-judicial acts from EU member states.
7. According to Article 6, paragraph 1 of the Hague Service Convention, the competent authorities designated to complete the certificate in the form of the model attached to the Convention are the law courts.