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Civil Procedure Code, updated 2020. Law no. 134/2010. Full PDF

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Updated 2020, by:
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Law 310/2018 for the amendment and completion of Law no. 134/2010 regarding
the Civil Procedure Code, as well as for the modification and completion of other
normative acts
Legislation
GEO no. 71/2022 for the

amendment of art. 155 of the
Criminal Code
(http://www.euroavocatura.ro/
Government Emergency Ordinance no.
71/2022 for the amendment of art. 155 para.
(1) from Law no. 28 ...
Law no. 140/2022 regarding

some protection measures for
people with intellectual and
(https://www.mcp-avocati.ro/servicii_avocatura.php) psychosocial disabilities and

the amendment and
PRELIMINARY TITLE: The regulatory domain of the Civil Procedure Code and the fundamental completion of
principles of the civil process (http://www.euroavocatura.ro/
Law no. 140 of May 17, 2022 regarding

some protection measures for people with

CHAPTER I: Regulatory scope of the Civil Procedure Code
disabilities int ...
Law 144/2022 for the

amendment and completion of
Sisteme Închidere Terase
art. 34 of Law no. 53/2003 -
Labor Code
Sticlă sau folie transparentă? Descoperă
_Codul_muncii)
cea ma
Tentrom Paradise! Law 144/2022 for the amendment and
completion of art. 34 of Law no. 53/2003 -
Labor Code Pu...
GEO no. 141/2021 regarding

Tentrom Paradise certain aspects related to
contracts for the provision of
digital content and digital

services
Article 1 - The object and purpose of the Civil Procedure Code (http://www.euroavocatura.ro/

Emergency Ordinance no. 141/2021
(1) The civil procedure code, hereinafter referred to as the code, establishes the rules of regarding certain aspects related to
jurisdiction and trial of civil cases, as well as those for the execution of court decisions and other contracts for the supply of...
enforceable titles, in order to administer justice in civil matters.
Law 322/2021 to supplement

Law no. 227/2015 regarding
(2) In administering justice, the courts perform a service of public interest, ensuring respect for the Fiscal Code
the rule of law, fundamental freedoms, the rights and legitimate interests of individuals and legal (http://www.euroavocatura.ro/
entities, the application of the law and guaranteeing its supremacy. Law 322/2021 for completing Law no.

227/2015 regarding the Fiscal Code
Article 2 - General applicability of the Civil Procedure Code Published in the Monitor...

Labor Code 2022.
(1) The provisions of this code constitute the common law procedure in civil matters. Comprehensive and Updated

2022
(2) Likewise, the provisions of this code are also applied in other matters, to the extent that the (http://www.euroavocatura.ro/
laws that regulate them do not contain contrary provisions. Labor Code updated 2022 Updated also by
GEO 130/2021, regarding the establishment

of the minimum wage ...

Article 3 - Priority application of international treaties regarding human rights

GEO 130/2021 regarding
(1) In the matters regulated by this code, the provisions regarding the rights and freedoms of some fiscal-budgetary
individuals will be interpreted and applied in accordance with the Constitution, the Universal measures, the extension of
Declaration of Human Rights, the pacts and other treaties to which Romania is a party. some terms, as well as for the

modification and completion of
(2) If there are inconsistencies between the pacts and treaties regarding fundamental human some normative acts
rights, to which Romania is a party, and this code, the international regulations have priority, (http://www.euroavocatura.ro/
except for the case where this code contains more favorable provisions. bugetare,_prorogarea_unor_te
EMERGENCY
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ORDINANCE no. 130/2021

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Article 4 - Priority application of European Union law
the extension of some deadlines, pre...

In the matters regulated by this code, the mandatory rules of European Union law are applied as Law no. 269/2021 to amend
a matter of priority, regardless of the quality or status of the parties. the Social Dialogue Law no.

62/2011 and Law no. 53/2003
CHAPTER II: The fundamental principles of the civil process - Labor Code

_Codul_muncii)
Article 5 - Duties regarding receiving and resolving requests Law no. 269/2021 to amend the Social

Dialogue Law no. 62/2011 and Law no.
53/2003 - C ...
(1) Judges have the duty to receive and resolve any request for the jurisdiction of the courts,
according to the law.
GEO 117/2021 for the

amendment and completion of
(2) No judge can refuse to judge on the grounds that the law does not provide, is unclear or the Labor Code
incomplete. (http://www.euroavocatura.ro/

Emergency Ordinance no. 117/2021 for the
(3) In the event that a cause cannot be resolved either on the basis of the law or the customs, and amendment and completion of Law no.
in the absence of the latter, nor on the basis of the legal provisions regarding similar situations, it 53/2003 - Labor Code ...
will have to be judged on the basis of the general principles of the law, considering all its

circumstances and taking into account the requirements of equity.

(4) It is forbidden for the judge to establish generally binding provisions through the decisions he
pronounces in the cases submitted to his judgment.

Article 6 - The right to a fair trial, in an optimal and predictable period

(https://www.mcp-
(1) Any person has the right to judge his case in a fair manner, in an optimal and predictable avocati.ro/w/ghidul-relatiilor-de-
period, by an independent, impartial court established by law. For this purpose, the court is munca/)
obliged to order all the measures allowed by law and to ensure the expeditious execution of the
judgment.
Legal Articles
Practical aspects regarding

(2) The provisions of para. (1) shall be applied accordingly also in the forced execution phase. the professional misconduct of

the employee
Article 7 - Legality (http://www.euroavocatura.ro/
Source: Lawyer Marius-Catalin Predut

(1) The civil process is carried out in accordance with the provisions of the law. Disciplinary investigation of

employees. Legality of the
(2) The judge has the duty to ensure compliance with the provisions of the law regarding the Internal Regulation and other
realization of the rights and the fulfillment of the obligations of the parties in the process. Procedures

Article 8 - Equality

Salary inequities in the public
In the civil process, the parties are guaranteed the exercise of procedural rights, equally and and private sectors
without discrimination. (http://www.euroavocatura.ro/

Article 9 - The right of disposition of the parties MCP dialogues: Legality and

objectivity of the professional
(1) The civil process can be started at the request of the interested party or, in the specific cases evaluation of employees
provided by law, at the request of another person, organization or a public authority or institution (http://www.euroavocatura.ro/
or of public interest. Source: Lawyer Marius-Catalin Predut
Resignation - unilateral right

(2) The object and limits of the process are established by the requests and defenses of the of the employee. Legal
parties.
mechanism and consequences

(3) Under the conditions of the law, the party may, as the case may be, waive the judgment of the _drept_unilateral_al_salariatul
summons request or the claimed right itself, may recognize the claims of the opposing party, may Source: Lawyer Marius-Catalin Predut
agree with this to put an end, in whole or in part, to the process , may waive the exercise of
appeals or the execution of a decision. Also, the party can dispose of its rights in any other way The dialogues of the MCP
permitted by law (ep. 18): The work norm of

employees. Notion and
practical aspects
Article 10 - Obligations of the parties during the process

(1) The parties have the obligation to complete the procedural documents in the conditions, order Payment of due rights to
and terms established by the law or the judge, to prove their claims and defenses, to contribute to seconded employees.
the development of the process without delay, following, in this way, its completion. Particular aspects

(2) If a party possesses a means ofTentrom Paradise

evidence, the judge may, at the request of the other party or ex Source: lawyer Andreea-Cristina Deaconu |
MCP Cabinet lawyers
officio, order its presentation, under penalty of payment of a judicial fine.

Article 11 - Obligations of third parties during the process
(https://www.mcp-
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avocati.ro/w/ghidul-relatiilor-de-
munca/)
JURISPRUDENCE
Fictitious transfer of social

shares for the purpose of
268,99 Lei 55,99 Lei evading criminal prosecution
1.325,99 Lei

Pronounced by: ROMANIA HIGH COURT
Any person is obliged, under the conditions of the law, to support the achievement of justice. The
OF CASATION AND JUSTICE Criminal
one who, without legitimate reason, avoids fulfilling this obligation may be forced to perform it
Division Decision no. 433/RC/2021
under the penalty of paying a judicial fine and, if necessary, damages.

Appeal for exceeding the
Article 12 - Good faith deadline for drafting a criminal

decision
(1) Procedural rights must be exercised in good faith, according to the purpose for which they (http://www.euroavocatura.ro/
Pronounced by: HIGH COURT OF
were recognized by law and without violating the procedural rights of another party.
CASTATION AND JUSTICE Criminal

Section Decision no. 549/2021
(2) The party that exercises its procedural rights in an abusive manner is responsible for the
material and moral damages caused. She may be obliged, according to the law, to pay a judicial Electronically signed appeal
fine. request. Nullity of the appeal

Pronounced by: Decision no. 520 of March
(3) Also, the party that does not fulfill its procedural obligations in good faith is liable according
7, 2019, pronounced by the First Civil
to para. (2) .
Section of the High Court of Cassation and

Justice
Article 13 - The right to defense

Cancellation CNSSU decision
regarding the establishment of
(1) The right to defense is guaranteed.
quarantine and the ban on

participation only in religious
(2) The parties have the right, throughout the process, to be represented or, as the case may be, events
assisted under the conditions of the law. (http://www.euroavocatura.ro/

Pronounced by: SUCEAVA COURT OF
APPEALS ADMINISTRATIVE AND FISCAL
( From 21-Dec-2018 Art. 13, paragraph (2) of title 1, chapter II amended by Art. I, point 1. of
LITIGATION SECTION Public meeting of
Law 310/2018 )
May 24, 2021 File no. 479/32/2020

(3) The parties are guaranteed the opportunity to participate in all phases of the process. They The choice of the period that
can take cognizance of the content of the file, propose evidence, defend themselves, present their is taken into account when
arguments in writing and orally and exercise the legal means of appeal, in compliance with the establishing the base for
conditions provided by law. calculating the state military

pension can be made only once
(4) The court may order the appearance of the parties in person, even when they are represented. (http://www.euroavocatura.ro/
Pronounced by: Civil Decision no.

7783/28.11.2018 of the Galati Court of

Article 14 - Contradiction Appeal

(1) The court can only rule on a request after summoning or presenting the parties, unless the law The employer has the right to
provides otherwise. organize his activity, but this
does not mean that through

reorganization the individual

(2) The parties must make known to each other in good time, directly or through the court, as the employment contract
case may be, the factual and legal grounds on which they base their claims and defenses, as well (http://www.euroavocatura.ro/
as the evidence they intend to use, so that each of them can organize their defense. si_organiza_activitatea_insa_a

of
(3) The parties have the obligation to present the factual situation to which their claims and
defenses refer in a correct and complete manner, without distorting or omitting the facts known
to them. The parties have the obligation to present their own point of view in relation to the
assertions of the opposing party regarding relevant factual circumstances in the case. The legislation on military
pensions has a special,

(4) The parties have the right to discuss and argue any matter of fact or law invoked during the derogatory character, and
Mai multe
cannot be supplemented with
trial by any participant in the trial, including by the court ex officio.
Tentrom Paradise the provisions of Law no.

263/2010
(5) The court is obliged, in any trial, to submit to the discussion of the parties all the requests, (http://www.euroavocatura.ro/
exceptions and factual or legal circumstances invoked. Pronouncement of: Civil decision no.

620/18.10.2018 of the Galati Court of
(6) The court will base its decision only on factual and legal grounds, on explanations or evidence Appeal
that have been subjected, beforehand, to the contradictory debate.

Legal News
Article 15 - Orality
Trials are debated orally, with the exception of the case where the law provides otherwise or when
the parties expressly request the court that the judgment be made only on the basis of the
documents submitted to the file.

Article 16 - Immediacy (https://www.mcp-

avocati.ro/w/ghidul-relatiilor-de-
The evidence is administered by the court that judges the trial, except for cases where the law munca/)
establishes otherwise.
Article 17 - Advertising
Legal News Archive from 2007

(http://www.euroavocatura.ro/arhiva)
Court hearings are public, except for the cases provided by law. Published on EuroAvocatura.ro

(http://www.euroavocatura.ro/trimite_articol
Article 18 - Language of the process

(1) The civil process is conducted in the Romanian language.

(2) Romanian citizens belonging to national minorities have the right to express themselves in
their mother tongue before the courts, under the conditions of the law.

(3) Foreign citizens and stateless persons who do not understand or speak the Romanian
language have the right to be aware of all the documents and works of the file, to speak in court
and to present conclusions, through an authorized translator, if the law does not provide
otherwise.

(4) Requests and procedural documents are drawn up only in the Romanian language.

Article 19 - Continuity

The judge entrusted with solving the case cannot be replaced during the trial except for good
reasons, under the conditions of the law.

Article 20 - Compliance with fundamental principles

The judge has the duty to ensure compliance and to comply himself with the fundamental
principles of the civil process, under the sanctions provided by law.

Article 21 - Attempt to reconcile the parties

(1) The judge will recommend to the parties the amicable settlement of the dispute through
mediation, according to the special law.

(2) Throughout the process, the judge will try to reconcile the parties, giving them the necessary
instructions, according to the law.

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Passofino
Article 22 - The role of the judge in finding out the truth

(1) The judge resolves the dispute according to the rules of law applicable to him.

(2) The judge has the duty to strive, by all legal means, to prevent any mistake regarding the
discovery of the truth in the case, based on the establishment of the facts and by the correct
application of the law, in order to pronounce a sound and legal decision. For this purpose, with
regard to the factual situation and the legal reasoning that the parties invoke, the judge has the
right to ask them to present explanations, orally or in writing, to put into their debate any factual
or legal circumstances, even if they are not mentioned in the application or in the summons, to
order the administration of the evidence it considers necessary, as well as other measures
provided by law, even if the parties object.

(3) The judge can order the introduction of other persons in the case, under the conditions of the
law. The persons brought into the case in this way will have the possibility, as the case may be, to
waive the judgment or the claimed right, to accept the plaintiff's claims or to end the process
through a transaction.

(4) The judge gives or restores the legal qualification of the acts and facts brought before the
court, even if the parties have given them a different name. In this case, the judge is obliged to
discuss with the parties the exact legal qualification.

(5) However, the judge cannot change the name or the legal basis if the parties, by virtue of an
express agreement regarding rights that, according to the law, they can dispose of, have
established the legal qualification and legal grounds on which they have agreed to limit the
debates, if the rights or legitimate interests of others are not violated.

(6) The judge must rule on everything that was requested, without exceeding the limits of the
investment, except in cases where the law would order otherwise.

(7) Whenever the law reserves the judge's discretion or requires him to take into account all the
circumstances of the case, the judge will take into account, among others, the general principles
of law, the requirements of fairness and good faith.

Article 23 - Due respect for justice

(1) Those present at the court session are obliged to show due respect to the court and not to
disturb the smooth progress of the court session.

(2) The president ensures that the order and solemnity of the meeting are respected, being able to
take any measure provided by law for this purpose.

CHAPTER III: Application of the civil procedure law

Article 24 - The law applicable to new processes

The provisions of the new procedural law apply only to processes and forced executions started
after its entry into force.

Article 25 - Law applicable to ongoing processes

(1) Lawsuits under trial, as well as enforced executions started under the old law, remain subject
to that law.

(2) Trials pending at the date ofCopertine

the change inBalcon
the jurisdiction of the legally vested courts will
& Terasă
continue to be judged by those courts, according to the law under which they began. In case of
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(3) In case the invested court is dissolved, the files will be sent ex officio to the competent court
according to the new law. The provisions of para. (1) remain applicable.

Article 26 - Law applicable to evidence

(1) The law that governs the conditions of admissibility and the probative power of pre-
constructed evidence and legal presumptions is the one in force on the date of production or, as
the case may be, of the commission of the legal acts that are the subject of probation.

(2) The administration of evidence is done according to the law in force on the date of their
administration.

Article 27 - The law applicable to decisions

( From July 17, 2018, Art. 27 of Title 1, Chapter III, see application references from Decision
52/2018 )

Decisions remain subject to appeals, reasons and deadlines provided by the law under which the
process began.

NOTE: Accepts the exception of unconstitutionality raised by Banca Comerciala Romana - SA

from Bucharest in File no. 7. 980/176/2016 of the Alba Iulia Water Court - Second Civil Section,
in File no. 12. 555/225/2015 of the Craiova Court of Appeal - Second Civil Section and in File no.
23. 561/301/2015 of the Bucharest Court of Appeal - VI Civil Section, by Societatea Cez Vanzare -
SA from Craiova in File no. 21. 715/215/2015 of the Craiova Court of Appeal - Second Civil
Section, by Paraschiva Vulcu in File no. 1. 654/306/2017 of the Alba Iulia Court of Appeal -
Second Civil Section, by Societatea Distributie Energie Oltenia - SA from Craiova in File no. 8.
355/225/2015 of the Craiova Court of Appeal - Second Civil Section, by Park Modos - SRL from
Timisoara in File no. 912/252/2016 of the Timisoara Court of Appeal - Section I civil and by
Societatea Auto Kino - SRL from Brasov in File no. 5. 741/197/2015 of the Brasov Court of Appeal
- Civil Section and notes that the provisions of art. 27 of the Civil Procedure Code, in the
interpretation given by Decision no. 52 of June 18, 2018, pronounced by the High Court of
Cassation and Justice - the Panel for resolving some legal issues, are unconstitutional.

( From 11-Sep-2018 Art. 27 of title 1, chapter III attacked by (exception allowed) Act from
Decision 874/2018 )

Article 28 - Territoriality of the procedural law

(1) The provisions of the law of procedure apply to all processes judged by the Romanian courts,
subject to legal provisions to the contrary.

(2) In the case of procedural reports with an extraneous element, the determination of the
applicable procedural law is made according to the rules contained in Book VII.

BOOK I: General provisions

TITLE I: Civil action

Article 29 - Notion

The civil action is the set of procedural means provided by law for the protection of the subjective
right claimed by one of the parties or of another legal situation, as well as for ensuring the
defense of the parties in the process.

Article 30 - Lawsuits

(1) Anyone who has a claim against another person or seeks to resolve a legal situation in court
has the right to file a claim before the competent court.

(2) Lawsuits are main, accessory, additional and incidental.

(3) The main application is the Copertine

introductory application
Balcon by & the court. It can include both main
Terasă
request heads and accessory request heads.

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(4) Ancillary requests are those requests whose solution depends on the solution given to a main
request.

(5) An additional request is that request by which a party modifies its previous claims.

(6) Incidental requests are those formulated within an ongoing process.

Article 31 - Defenses

Defenses formulated in court can be substantive or procedural.

Article 32 - Conditions for exercising the civil action

(1) Any request can be formulated and supported only if its author:

a) has procedural capacity, under the conditions of the law;

( From April 7, 2016, Art. 32, paragraph (1), letter A. of book I, title I, see appeal in the interest
of the law, Decision 2/2016 )

b) has procedural quality;

c) formulates a claim;

d) justify an interest.

(2) The provisions of para. (1) applies, accordingly, also in the case of defenses.

Article 33 - The interest to act

The interest must be determined, legitimate, personal, born and current. However, even if the
interest is not born and current, a request can be made in order to prevent the violation of a
threatened subjective right or to prevent the occurrence of an imminent damage that could not be
repaired.

Article 34 - Realization of rights affected by a deadline
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(1) The request for the handover of an asset at the fulfillment of the contractual term can be made
even before the fulfillment of this term.

(2) It is also possible to request, before the deadline, the timely execution of the maintenance
obligation or other periodic service.

(3) Before the deadline, other requests for the timely execution of certain obligations can be
approved, whenever it is found that they can prevent a significant damage that the plaintiff would
try if he waited for the deadline to be met.

Article 35 - Finding the existence or non-existence of a right

( From February 10, 2017, Art.Copertine

35 of book I, Balcon
title I, see &
application
Terasăreferences from Decision
37/2016 )

( From October 28, 2016, Art. Tentrom Paradise

35 of book I, title I, see application references from Decision
13/2016 )

The one who has an interest can request the finding of the existence or non-existence of a right.
The request cannot be received if the party can request the realization of the right in any other
way provided by law.

Article 36 - Procedural quality

The procedural quality results from the identity between the parties and the subjects of the
litigious legal relationship, as it is brought to the court. The existence or non-existence of the
asserted rights and obligations is a matter of substance.

Article 37 - Procedural legalization of other persons

In the cases and conditions provided exclusively by law, requests can be introduced or defenses
can be formulated by persons, organizations, institutions or authorities, who, without justifying a
personal interest, act to defend the rights or legitimate interests of some people in situations
special or, as the case may be, for the purpose of protecting a group or general interest.

Article 38 - Transmission of procedural quality

The quality of party can be legally or conventionally transmitted, as a result of the transmission,
under the conditions of the law, of the rights or legal situations deduced from the judgment.

Article 39 - The procedural situation of the alienator and his successors

(1) If, during the process, the disputed right is transferred by documents between the parties
under private title, the trial will continue between the original parties. But if the transfer is made,
in accordance with the law, by acts with private title for the cause of death, the trial will continue
with the universal successor or with universal title of the author, as the case may be.

(2) In all cases, the successor with private title is obliged to intervene in the case, if he has
knowledge of the existence of the process, or he can be introduced in the case, upon request or ex
officio. In this case, the court will decide, according to the circumstances and taking into account
the position of the other parties, whether the alienator or his universal successor or his successor
with universal title will remain or, as the case may be, will be removed from the process. If the
alienator or, as the case may be, his universal or universal successor is removed from the process,
the trial will continue only with the successor with private title who will take the procedure in the
state in which he was at the time when he intervened or was introduced concerned.

(3) The decision pronounced against the alienator or his universal successor or his universal
successor, as the case may be, will produce legal effects also against the successor with private
title and will always be opposable to the latter, with the exception of cases in which he acquired
the right in good faith -faith and can no longer be evinced, according to the law, by the true
owner.

Article 40 - Penalty for violating the conditions for exercising the civil action

(1) Requests made by a person who does not have procedural capacity are null or, as the case may
be, voidable. Also, in case of lack of procedural quality or interest, the court will reject the request
or the defense formulated as being made by or against a person without quality or as lacking
interest, as the case may be.

(2) Violation of the provisions of this title may also attract the application of other sanctions
provided by law, and the person who suffered a loss has the right to be compensated, according to
common law.

TITLE II: Participants in the civil process

CHAPTER I: The judge. Incompatibility

Article 41 - Cases of absolute incompatibility

(1) The judge who pronounced an interlocutoryBalcon

Copertine conclusion &orTerasă
a decision by which the case was
resolved cannot judge the same cause in an appeal, appeal, challenge for annulment or review,
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nor after being sent for retrial, except in the case in which he is called to pronounce on Alege Tentrom Paradise!
matters
other than those resolved by the Tentrom
court of appeal or, as the case may be, of appeal.
Paradise

( From 21-Dec-2018 Art. 41, paragraph (1) of book I, title II, chapter I amended by Art. I, point
2. of Law 310/2018 )

(2) Likewise, the person who was a witness, expert, arbitrator, prosecutor, lawyer, judicial
assistant, assistant magistrate or mediator in the same case cannot take part in the trial.

Article 42 - Other cases of incompatibility

(1) The judge is also incompatible to judge in the following situations:

1. when he previously expressed his opinion regarding the solution in the case he was assigned to
judge. Putting into discussion by the parties, ex officio, some matters of fact or law, according to
art. 14 para. (4) and (5), does not make the judge incompatible;

2. when there are circumstances that justify the fear that he, his spouse, their ascendants or
descendants or their relatives, as the case may be, have an interest in the case being judged;

3. when he is a spouse, relative or next of kin up to the fourth degree inclusive of the lawyer or
representative of a party or if he is married to the brother or sister of the husband of one of these
persons;

4. when the husband or his ex-husband is a relative or cousin up to the fourth degree inclusive of
any of the parties;

5. if he, his spouse or their relatives up to the fourth degree inclusive or their next of kin, as the
case may be, are parties to a lawsuit being tried at the court where one of the parties is a judge;

6. if between him, his spouse or their relatives up to the fourth degree inclusive or their relatives,
as the case may be, and one of the parties there was a criminal trial for at most 5 years before
being appointed to judge the case. In the case of criminal complaints formulated by the parties
during the trial, the judge becomes incompatible only in the situation of initiating the criminal
action against him;

7. if he is the guardian or guardian of one of the parties;

8. if he, his spouse, their ascendants or descendants have received gifts or promises of gifts or
other advantages from one of the parties;

9. if he, his spouse or one of their relatives up to the fourth degree inclusive or their relatives, as
the case may be, is in hostile relations with one of the parties, his spouse or his relatives up to the
fourth degree inclusive;

10. if, when invested with the solution of an appeal, the husband or a relative of his up to the
fourth degree inclusive participated, as a judge or prosecutor, in the trial of the same case before
another court;

11. if he is a spouse or relative up to the fourth degree inclusive or related, as the case may be, to
another member of the panel;

12. if the husband, a relative or relative of his up to the fourth degree inclusive represented or
assisted the party in the same case before another court;

13. when there are other elements that raise reasonable doubts about his impartiality.

(2) The provisions of para. (1) concerning the husband also applies to cohabitants.

Article 43 - Abstention

(1) Before the first trial term, the session clerk will check, based on the case file, if the judge is in
any of the cases of incompatibility provided for in art. 41 and, when necessary, will prepare a
corresponding report.

(2) The judge who knows that there is a reason

Copertine for incompatibility
Balcon & Terasăin his regard is obliged to
refrain from judging the cause.

(3) The declaration of abstentionTentrom

shall beParadise
made in writing as soon as the judge became aware of
the existence of the incompatibility case or verbally during the session, being recorded at the end.

Article 44 - Recusal

(1) The judge in a situation of incompatibility may be recused by any of the parties before the
start of any debate.

(2) When the reasons for incompatibility arose or were known to the party only after the
beginning of the debates, it must request the recusal as soon as they are known to it.
2484 RON 423 RON 2923.7 RON 124 RON

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Article 45 - Invocation of absolute incompatibility

In the cases provided for in art. 41, the judge cannot participate in the trial, even if he did not
abstain or was not recused. Irregularity can be invoked in any state of the case.

Article 46 - Judges who can be dismissed

Only judges who are part of the panel to which the case was assigned for resolution can be
recused.

Article 47 - Request for recusal. Conditions

(1) The request for recusal can be made verbally in the meeting or in writing for each individual
judge, showing the case of incompatibility and the evidence that the party agrees to use.

(2) It is inadmissible the request in which reasons other than those provided in art. 41 and 42.

(3) Also inadmissible are requests for recusal regarding judges other than those provided for in
art. 46, as well as the request directed against the same judge for the same reason of
incompatibility.

(4) Non-compliance with the conditions of this article leads to the inadmissibility of the recusal
request. In this case, the inadmissibility is established even by the panel in front of which the
recusal request was made, with the participation of the recusal judge.

Article 48 - Abstention of the recused judge

(1) The judge against whom a recusal request is made may declare that he abstains.

(2) The declaration of abstention is solved with priority.

(3) In case of acceptance of the declaration of abstention, the recusal request, regardless of its
reason, will be rejected, by the same conclusion, as having no object.

(4) If the declaration of abstention is rejected, by the same decision the court will rule on the
recusal request.

Article 49 - State of the case until the application is resolved


(1) Until the resolution of the declaration

Copertine of abstention,
Balconno&actTerasă
of the procedure in question will
be made.

(2) The formulation of a recusal Tentrom Paradise

request does not determine the suspension of the trial. However,
the pronouncement of the solution in question can only take place after the resolution of the
recusal request.

Article 50 - Composition of the trial panel

(1) Abstention or recusal is resolved by another panel of the respective court, in whose
composition the recused judge or who declared that he abstains cannot enter. The provisions of
art. 47 para. (4) remain applicable.

(2) When, due to abstention or recusal, the trial panel cannot be formed, the request is judged by
the hierarchically superior court.

Article 51 - Abstention or recusal resolution procedure

(1) The court decides immediately, in the council chamber, without the presence of the parties
and listening to the recused judge or who has declared that he abstains, only if he deems it
necessary. Under the same conditions, the court will be able to hear the parties.

(2) If, at the same term, requests for recusal and abstention for different reasons were made, they
will be judged together.

(3) Interrogation is not admissible as a means of proving the grounds for recusal.

(4) In case of admission of abstention or recusal based on the provisions of art. 42 para. (1) point
11, the court will determine which of the judges will not take part in the trial of the case.

(5) Abstention or recusal is resolved by a conclusion that is pronounced in the public meeting.

(6) If the abstention or, as the case may be, the recusal was admitted, the judge will withdraw
from judging the case. In this case, the conclusion will show to what extent the acts completed by
the judge are to be preserved.

Article 52 - Resolution procedure by the superior court

(1) The superior court vested with the judgment of abstention or recusal in the situation provided
for in art. 50 para. (2) will order, in case of admission of the request, the referral of the cause to
another court of the same degree in its jurisdiction.

(2) If the request is rejected, the case is returned to the lower court.

Article 53 - Appeals

(1) The conclusion by which the recusal was rejected can be appealed only by the parties, together
with the decision by which the case was resolved. When this latter decision is final, the conclusion
may be appealed to the hierarchically superior court, within 5 days from the communication of
this decision.

(2) The conclusion by which the abstention was approved or rejected, the one by which the
challenge was approved, as well as the conclusion by which the challenge was rejected in the case
provided for in art. 48 para. (3) are not subject to any appeal.

(3) In the case provided for in para. (1) if the appeal court finds that the appeal was wrongly
rejected, it redoes all the procedural documents and, if it deems necessary, the evidence
administered at the first instance. When the appeals court finds that the appeal was wrongly
rejected, it will overturn the decision, ordering the case to be retried to the appeals court or, when
the appeal is suppressed, to the first instance.

Article 54 - Incompatibility of other participants

The provisions of this chapter apply accordingly to prosecutors, assistant magistrates, judicial
assistants and clerks.

CHAPTER II: The parties Copertine Balcon & Terasă

Mai multe
SECTION 0:
Tentrom Paradise

Article 55 - Enumeration

The parties are the plaintiff and the defendant, as well as, under the law, third parties who
voluntarily or forcibly intervene in the process.

SECTION 1 - Use and exercise of procedural rights

Article 56 - Procedural capacity to use

(1) Any person who has the use of civil rights can be a party to the lawsuit.

( From 07-Apr-2016 Art. 56, paragraph (1) of book I, title II, chapter II, section 1 see appeal in
the interest of the law Decision 2/2016 )

(2) However, associations, companies or other entities without legal personality may be sued, if
they are established according to the law.

(3) The lack of procedural capacity can be invoked in any state of the process. The procedural acts
completed by the one who does not have the capacity to use them are struck by absolute nullity.

Article 57 - Procedural exercise capacity

(1) The person who has the capacity of a party can exercise his procedural rights in his own name
or through a representative, with the exception of cases where the law provides otherwise.

(2) The party that does not have the exercise of procedural rights can only stand in court if it is
represented, assisted or authorized under the conditions provided by the laws or, as the case may
be, by the statutes that regulate its capacity or way of organization.

(3) The lack of capacity to exercise procedural rights can be invoked in any state of the process.

(4) The procedural acts completed by the person who does not have the exercise of procedural
rights are voidable. His representative or legal guardian will be able to confirm all or only a part
of these documents.

(5) When the court finds that the procedural document was executed by a party lacking legal
capacity, it will grant a deadline for its confirmation. If the act is not confirmed, its cancellation
will be ordered.

(6) The provisions of para. (5) applies accordingly to persons with limited exercise capacity.

Article 58 - Special curation

(1) In case of emergency, if the natural person deprived of the capacity to exercise civil rights does
not have a legal representative, the court, at the request of the interested party, will appoint a
special curator, who will represent him until the appointment of the legal representative,
according to the law. Also, the court will appoint a special curator in case of conflict of interests
between the legal representative and the represented or when a legal person or an entity from
those provided in art. 56 para. (2) , summoned to appear in court, has no representative.

(2) The provisions of para. (1) applies accordingly to persons with limited exercise capacity.

(3) The appointment of these curators will be made by the court judging the trial, from among the
lawyers specifically appointed for this purpose by the bar for each court. The special curator has
all the rights and obligations provided by law for the legal representative.

(4) The provisional remuneration of the curator thus appointed is fixed by the court, through the
conclusion, establishing at the same time the method of payment. At the request of the curator,
with the cessation of his quality, taking into account the activity carried out, the remuneration
may be increased.

SECTION 2 - Persons who are jointly plaintiffs or defendants

Article 59 - Conditions of existence Mai multe

Tentrom Paradise
Several people can be plaintiffs or defendants together if the subject of the lawsuit is a common
right or obligation, if their rights or obligations have the same cause or if there is a close
connection between them.

Article 60 - The legal regime of procedural co-participation

(1) The procedural documents, defenses and conclusions of one of the plaintiffs or defendants
cannot benefit the others or harm them.

(2) However, if by the nature of the legal relationship or on the basis of a provision of the law, the
effects of the decision extend to all the plaintiffs or defendants, the procedural documents
fulfilled only by some of them or the deadlines granted only to some of them for the fulfillment of
the documents the procedure also benefits others. When the procedural documents of some are
contrary to those made by others, the most favorable documents will be taken into account.

(3) Plaintiffs or defendants who did not appear or did not fulfill a procedural act within the
deadline will still continue to be summoned, if, according to the law, they are not aware of the
deadline. The provisions of art. 202 are applicable.

SECTION 3 - Other persons who can take part in the trial

SUBSECTION 1 - A§1. Voluntary intervention

Article 61 - Forms

(1) Anyone with an interest can intervene in a process that is judged between the original parties.

(2) The intervention is the main one, when the intervener claims for himself, in whole or in part,
the right deduced from the judgment or a right closely related to it.

(3) The intervention is accessory, when it only supports the defense of one of the parties.

Article 62 - The main intervention

(1) The main intervention request will be made in the form provided for the summons request.

(2) The request can only be made before the first court, before the closing of the debates on the
merits.

(3) With the express agreement of the parties, the main intervention can also be made in the
court of appeal.

Article 63 - Accessory intervention

(1) The request for accessory intervention will be made in writing and will include the elements
provided for in art. 148 para. (1), which will be applied accordingly.

(2) The accessory intervention can be made until the closing of the debates, throughout the
course of the trial, even in extraordinary appeals.

Article 64 - Judicial procedure. Horses of attack

(1) The court will notify the parties of the request for intervention and copies of the
accompanying documents.

(2) After hearing the intervener and the parties, the court will rule on the admissibility in
principle of the intervention, through a reasoned conclusion.

(3) The conclusion can only be challenged together with the merits.

( From 21-Dec-2018 Art. 64, paragraph (3) of book I, title II, chapter II, section 3, subsection 1
amended by Art. I, point 3. of Law 310/2018 )

(4) In the event of the admission of the right of appeal exercised against the conclusion by which
the court rejected the request Tentrom Paradise as inadmissible, the pronounced decision is
for intervention
annulled by law, and the case will be re-judged by the court before which the request for
intervention was formulated from the moment of discussing the admissibility in principle of it.


Article 65 - The situation of the intervener

(1) The intervener becomes a party to the process only after the acceptance in principle of his
request.

(2) The intervener will take over the procedure in the state in which he is at the time of the
admission of the intervention, but he will be able to request the administration of evidence
through the request for intervention or at the latest until the first term of judgment after the
admission of the request for intervention. The subsequent procedural documents will also be
completed against him.

(3) In the case of the main intervention, after admission in principle, the court will establish a
term in which the response must be submitted.

Article 66 - Judgment of the main intervention request

(1) The main intervention is judged together with the main claim.

(2) When the trial of the main claim is delayed by the request for intervention, the court may
order its severance in order to be tried separately, except in the case where the intervener claims
for himself, in whole or in part, the right derived from the trial itself. In case of disjunction, the
court remains in all cases competent to resolve the request for intervention.

(3) Dissociation will not be ordered even when the judgment of the request for intervention
would be delayed by the main request.

(4) The main intervention will be judged even if the trial of the main claim has been extinguished
by one of the ways provided by law.

Article 67 - Judgment of the request for accessory intervention

(1) The trial of the request for accessory intervention cannot be separated from the trial of the
main request, and the court is obliged to rule on it through the same decision, together with the
merits.

(2) The accessory intervener can only commit procedural acts that do not contradict the interest
of the party in whose favor he intervened.

(3) After the admission in principle, the accessory intervener can waive the judgment of the
request for intervention only with the consent of the party for whom he intervened.

(4) The right of appeal exercised by the accessory intervener is considered invalid if the party for
whom it intervened did not exercise the right of appeal, waived the right of appeal exercised or it
was annulled, lapsed or rejected without being investigated on the merits.

SUBSECTION 2 - A§2. Forced intervention

SUBSECTION 21 - I. Summoning another person

Article 68 - Formulation of the request. Deadlines

(1) Any of the parties may sue another person who could claim, through a separate claim, the
same rights as the plaintiff.

(2) The request made by the plaintiff or the main intervener shall be submitted at the latest until
the end of the investigation of the trial before the first court.

(3) The request made by the defendant

Copertineshall Balcon
be submitted within the term provided for the
& Terasă
submission of the appearance before the first court, and if the appearance is not mandatory, at
the latest at the first term of the trial.

Tentrom Paradise
Article 69 - Communication of the request

(1) The request will be motivated and, together with the documents that accompany it, will be
communicated both to the person summoned to court and to the opposing party.

(2) Copies of the request for summons, appearance and the documents from the file will be added
to the copy of the request intended for the third party.

(3) The provisions of art. 64 and 65 apply accordingly.

Article 70 - Position of the third party in the process

The person summoned to court acquires the procedural position of the plaintiff, and the decision
produces its effects in his regard as well.

Article 71 - Removing the defendant from the process

(1) In the case provided for in art. 70, when the defendant, summoned to court for a monetary
debt, acknowledges the debt and declares that he wants to execute it against the one whose right
will be established by court, he will be removed from the trial, if he has recorded the amount
owed at the disposal of the court .

(2) In the same way, the defendant, summoned to court for handing over an asset or its use, will
be removed from the trial if he declares that he will hand over the asset to the person whose right
will be established by court decision. The asset in dispute will be placed under judicial seizure by
the court charged with judging the case, the provisions of art. 972 and the following being
applicable.

(3) In these cases, the trial will continue only between the plaintiff and the third party sued. The
decision will be communicated to the defendant, to whom it is objectionable.

SUBSECTION 22 - II. Warranty call

Article 72 - Conditions

(1) The interested party may call a third party as guarantee, against whom he could file a separate
request for guarantee or compensation.

(2) Under the same conditions, the surety may call another person as surety.

Article 73 - Formulation of the request. Deadlines

(1) The request will be made in the form provided for the summons request.

(2) The request made by the plaintiff or the main intervener shall be submitted at the latest until
the end of the investigation of the trial before the first court.

(3) The request made by the defendant shall be submitted within the term provided for the
submission of the appearance before the first court, and if the appearance is not mandatory, at
the latest at the first term of the trial.

Article 74 - Judicial procedure

(1) The court will communicate the application and copies of the documents accompanying it to
the person summoned as surety, as well as copies of the application for summons, appearance
and the documents in the file.

(2) The provisions of art. 64 and art. 65 para. (1) and (2) are applied accordingly.

(3) Within the term established according to art. 65 para. (3) , the person called as a guarantee
must submit an appearance and can formulate the request provided for in art. 72 para. (2) .

(4) The application for calling in the guarantee

Copertine is judged&together
Balcon Terasă with the main application.
However, if the trial of the main claim would be delayed by the request to call in the guarantee,
Mai multe
the court can order its severanceCustomizabile: Culori,
in order to try dimensiuni,
it separately. Inmecanism
the latter de strângere.
case, the trialAlege Tentrom Paradise!
of the
warranty claim will be suspendedTentrom
until the main claim is resolved.
Paradise

SUBSECTION 23 - III. Showing the right holder


The defendant who owns an asset for another or who exercises a right over a thing on behalf of
another will be able to show the one in whose name he owns the thing or exercises the right, if he
was summoned to court by a person who claims a real right over the thing.

Article 76 - Formulation of the request. Term

The request will be motivated and will be filed before the first court within the deadline provided
by law for filing the appearance. If the attendance is not mandatory, the request can be made at
the latest at the first court term.


(1) The request, together with the documents that accompany it and a copy of the summons
request, of the summons and of the documents in the file, will be communicated to the person
shown as the owner of the right.


(3) If the one shown as the holder of the right recognizes the defendant's assertions and the
plaintiff consents, he will take the place of the defendant, who will be removed from the trial.

(4) If the plaintiff does not agree with the replacement or when the one shown as the owner does
not appear or contests the claims made by the defendant, the third party acquires the status of
main intervener, the provisions of art. 62 and art. 64-66 applying accordingly.

SUBSECTION 24 - IV. Forced introduction of other persons into the case, ex officio

Article 78 - Conditions. Term

(1) In the cases expressly provided by law, as well as in the non-contentious procedure, the judge
will ex officio order the introduction of other persons in the case, even if the parties object.

(2) In contentious matters, when the legal report deduced from the judgment requires it, the
judge will discuss with the parties the necessity of bringing other persons into the case. If none of
the parties requests the introduction of the third party in the case, and the judge assesses that the
case cannot be resolved without the participation of the third party, he will reject the request,
without ruling on the merits.

(3) The introduction into the case will be ordered, by closing, until the end of the investigation of
the trial before the first court.

(4) When the need to introduce other persons into the case is ascertained during the deliberation,
the court will put the case back on the docket, ordering the parties to be summoned.

(5) The decision by which the request was rejected under the conditions of para. (2) is subject
only to appeal.


(1) The one introduced in the process will be summoned, together with the summons being
communicated to him, in copy, and the conclusion provided for in art. 78 para. (3) , the request
for summons, the appearance, as well as the documents attached to them. The subpoena will also
inform him of the deadline until which he will be able to show the exceptions, the evidence and
the other means of defense that he understands to use; the term cannot be longer than the
judgment term granted in the case.

(2) He will take the procedure in the state in which he is at the time of introduction into the
process. The court, at the request of the person brought into the process, may order the re-
administration of evidence or the Copertine Balcon
administration of new & Terasă
evidence. The subsequent procedural
Customizabile:
acts will be fulfilled against him as well. Culori, dimensiuni, mecanism de strângere. Alege Tentrom Paradise! Mai multe

Tentrom Paradise
SECTION 4 - Representation of parties in court

SUBSECTION 1 - A§1. General dispositions

Article 80 - Forms of representation

(1) The parties can exercise their procedural rights personally or through a representative.
Representation can be legal, conventional or judicial.

(2) Individuals without legal capacity will be sued through a legal representative.

(3) The parties may appear in court through an elected representative, under the conditions of
the law, with the exception of the case where the law requires their personal presence before the
court.

(4) When the law provides or when the circumstances of the case require it in order to ensure the
right to a fair trial, the judge may appoint a representative for any part of the trial under the
conditions of art. 58 para. (3) , finally showing the limits and duration of the representation.

(5) When the right of representation arises from the law or from a court decision, the assistance
of the representative by a lawyer is not mandatory.


Article 81 - Limits of representation. Continuation of trial

(1) Waiver of the judgment or the right deduced from the judgment, acceptance of the
pronounced decision, conclusion of a transaction, as well as any other procedural acts of disposal
can only be done by the representative on the basis of a special mandate or with the prior
approval of the court or the authority administrative authorities.

(2) The dispositional procedural acts provided for in para. (1), made in any process by the
representatives of minors, persons placed under interdiction and the disappeared, will not
prevent the trial of the case, if the court judges that they are not in the interest of these persons.

Article 82 - Lack of evidence of representative quality

(1) When the court finds the lack of proof of the quality of representative of the one who acted on
behalf of the party, it will give a short term to cover the deficiencies. If these are not covered, the
application will be cancelled.

(2) The exception of the lack of evidence of the quality of representative before the first court
cannot be invoked for the first time in the appeal.

SUBSECTION 2 - A§2. Special provisions regarding conventional representation

Article 83 - Conventional representation of natural persons

(1) Before the first court, on appeal, as well as on appeal, natural persons may be represented by a
lawyer or other representative. If the mandate is given to a person other than a lawyer, the trustee
cannot make conclusions on the procedural exceptions and on the substance except through the
lawyer, both in the research stage of the process and in the debate stage.

(2) If the natural person's trustee is a spouse or a relative up to the second degree inclusive, he
can present conclusions before any court, without being assisted by a lawyer, if he is licensed in
law.

(3) In the case of the annulment appeal and the review, the provisions of this article shall be
applied accordingly.

( From 21-Dec-2018 Art. 83 of book I, title II, chapter II, section 4, subsection 2 amended by Art.
I, point 5. of Law 310/2018 )

Article 84 - Conventional representation of legal entities
Tentrom Paradise

(1) Legal entities can be conventionally represented before the courts only by a legal advisor or
lawyer, under the conditions of the law.

( From May 26, 2016, Art. 84, paragraph (1) of book I, title II, chapter II, section 4, subsection
2, see application references from Decision 9/2016 )

(2)

[ Art. 84, para. (2) from book I, title II, chapter II, section 4, subsection 2 was repealed on 21-
Dec-2018 by Art. I, point 6. of Law 310/2018 ]

(3) The provisions of para. (1) applies accordingly to the entities shown in art. 56 para. (2) .


Article 85 - Form of mandate

(1) The power of attorney to represent a natural person given to the trustee who does not have the
capacity of a lawyer is proven by authentic registration.

(2) In the cases provided for in para. (1), the right of representation can also be given by verbal
declaration, made in court and recorded at the end of the session, showing the limits and
duration of the representation.

(3) The power of attorney to represent a natural person or legal person given to a lawyer or legal
advisor is proven by writing, according to the laws on the organization and exercise of the
profession.

Article 86 - The general mandate

The attorney with the general power of attorney can represent the principal in court, only if this
right has been specifically given to him. If the person who gave the general power of attorney
does not have a domicile or residence in the country or if the power of attorney is given to a
subordinate, the right of representation in court is assumed to have been given.

Article 87 - Content of the mandate

(1) The mandate is assumed to be given for all the procedural acts completed before the same
court; however, it can be expressly restricted to certain acts.

(2) The lawyer who represented or assisted the party at the trial can, even without a mandate,
make any documents to preserve the rights subject to a deadline and which would be lost by not
exercising them in time and can also introduce any way of appeal against the pronounced
decision. In these cases, all procedural documents will be executed only against the party. The
appeal can be filed only on the basis of a new power of attorney.

Article 88 - Termination of mandate

The mandate does not cease with the death of the one who gave it, nor if he became incapacitated.
The mandate lasts until it is withdrawn by the heirs or by the legal representative of the
incapacitated person.

Article 89 - Renouncing mandate and revocation of mandate

(1) The renunciation of the mandate or its revocation cannot be opposed to the other party except
after the communication, unless it was made in the court session and in its presence.

(2) The agent who renounces the power of attorney is required to notify both the person who gave
him the mandate and the court, at least 15 days before the deadline immediately following the
renunciation. The agent cannot renounce the mandate during the term of exercising appeals.

SECTION 5 - Legal assistance Copertine Balcon & Terasă

Mai multe
Article 90 - Grant conditions
Tentrom Paradise

(1) The one who is not able to face the expenses involved in starting and supporting a civil
process, without jeopardizing his own maintenance or that of his family, can benefit from legal
aid, under the conditions of the special law on public legal aid.

(2) Judicial assistance includes:

a) granting exemptions, reductions, deferrals or postponements for the payment of legal fees
provided by law;

b) defense and free assistance by a lawyer appointed by the bar;

c) any other methods provided by law.

(3) Judicial assistance can be granted at any time during the process, in whole or only in part.

(4) Legal entities can benefit from facilities in the form of reductions, deferrals or deferrals for
the payment of judicial stamp duties due for actions and requests brought to the courts, under
the conditions of the special law.

Article 91 - Special provisions

The provisions contained in special laws regarding the exemption from taxes, tariffs,
commissions or guarantees for requests, actions and any other measures taken in order to
administer fiscal claims remain applicable.

CHAPTER III Participation of the Public Ministry in the civil process:

Article 92 - Methods of participation

(1) The prosecutor may initiate any civil action, whenever necessary to defend the rights and
legitimate interests of minors, persons placed under interdiction and the disappeared, as well as
in other cases expressly provided by law.

(2) The prosecutor may present conclusions in any civil process, in any phase thereof, if he deems
it necessary to defend the legal order, the rights and interests of citizens.

(3) In the specific cases provided by law, the participation and submission of conclusions by the
prosecutor are mandatory, under penalty of absolute nullity of the decision.

(4) The prosecutor can exercise the means of appeal against the decisions pronounced in the
cases provided for in paragraph. (1) , even if he did not start the civil action, as well as when he
participated in the trial, under the conditions of the law.

(5) The prosecutor may demand the execution of any enforceable titles issued in favor of the
persons provided in paragraph. (1) .

(6) In all cases, the Public Ministry does not owe stamp duties or a bond.

Article 93 - Effects towards the right holder

In the cases provided for in art. 92 para. (1), the holder of the right will be brought into the
process and will be able to rely on the provisions of art. 406, 408, 409 and art. 438-440, and if
the prosecutor withdraws his request, he will be able to request the continuation of the trial or
forced execution.

TITLE III: Jurisdiction of the courts

CHAPTER I: Material competence

SECTION 1 - Competence by subject and value

Article 94 - Court Copertine Balcon & Terasă

Mai multe
( From 11-Sep-2015 Art. 94 of book I, title III, chapter I, section 1 see appeal in the interest of the
law Decision 13/2015 ) Tentrom Paradise
The courts judge:

1. in the first instance, the following requests whose object is assessable or, as the case may be,
non-assessable in money:

a) requests given by the Civil Code under the jurisdiction of the guardianship and family court,
except in cases where the law expressly provides otherwise;

b) the requests related to the registrations in the civil status registers, given by law in the
jurisdiction of the courts;

( From 21-Dec-2018 Art. 94, point 1., letter B. of book I, title III, chapter I, section 1 amended by
Art. I, point 8. of Law 310/2018 )

c) requests having as their object the administration of buildings with several floors, apartments
or spaces in the exclusive property of different persons, as well as those regarding the legal
relations established by the owners' associations with other natural persons or legal persons, as
the case may be;

d) evacuation requests;

e) requests related to the common walls and trenches, the distance of constructions and
plantations, the right of way, as well as any servitudes or other limitations of the right of
ownership provided by law, established by the parties or instituted by court;

f) requests regarding the relocation of borders and border requests;

g) requests of the owner;

h) requests regarding obligations to do or not to do that cannot be assessed in money, regardless

of their contractual or extra-contractual source, with the exception of those given by law under
the jurisdiction of other courts;

i) requests for judicial declaration of a person's death;

j) requests for judicial division, regardless of value;

j1) claims regarding inheritance, regardless of value;

j2) claims regarding usufruct, regardless of value;

j3) requests regarding the land fund, with the exception of those given by special law under the
jurisdiction of other courts;

( From 21-Dec-2018 Art. 94, point 1., letter J. from book I, title III, chapter I, section 1
supplemented by Art. I, point 9. of Law 310/2018 )

k) any other requests that can be assessed in money up to and including 200,000 lei, regardless
of the quality of the parties, professionals or non-professionals;

( From June 15, 2018 Art. 94, point 1., letter K. of book I, title III, chapter I, section 1 see appeal
in the interest of the law Decision 7/2018 )

2. appeals against the decisions of public administration authorities with jurisdictional activity
and other bodies with such activity, in the cases provided by law;

3. any other requests given by law in their competence.

Article 95 - The Tribunal

( From 11-Sep-2015 Art. 95 of book I, title III, chapter

Copertine Balcon I, section 1 see appeal in the interest of the
& Terasă
law Decision 13/2015 )

Courts judge: Tentrom Paradise
1. in the first instance, all requests that are not given by law in the competence of other courts;

( From June 15, 2018, Art. 95, point 1. of book I, title III, chapter I, section 1, see appeal in the
interest of the law, Decision 7/2018 )

2. as courts of appeal, the appeals declared against the decisions pronounced by the judges in the
first instance;

3. as courts of appeal, the appeals declared against the decisions pronounced by the judges,
which, according to the law, are not subject to appeal and in any other cases expressly provided
by the law;

( From 21-Dec-2018 Art. 95, point 3. of book I, title III, chapter I, section 1 amended by Art. I,
point 10. of Law 310/2018 )


NOTE : In the interpretation and uniform application of the provisions of art. 95, the civil
sections of the courts are functionally competent to resolve the appeals declared against the
decisions pronounced by the judges on the appeals formulated against the enforced executions
initiated under the provisions of art. 260 of Law no. 207/2015 regarding the Fiscal Procedure
Code, with subsequent amendments and additions.

( From 26-iul-2019 Art. 95 of book I, title III, chapter I, section 1 see application references from
the Act of Decision 18/2019 )

Article 96 - Court of Appeal

Courts of appeal judge:

1. in the first instance, requests in matters of administrative and fiscal litigation, according to the
special law;

( From June 15, 2018, Art. 96, point 1. of book I, title III, chapter I, section 1, see appeal in the
interest of the law, Decision 7/2018 )

2. as courts of appeal, the appeals declared against the decisions pronounced by the courts in the
first instance;

3. as courts of appeal, appeals declared against decisions pronounced by courts of appeal or

against decisions pronounced in the first instance by courts, which, according to the law, are not
subject to appeal, as well as in any other cases expressly provided by law;

( From 21-Dec-2018 Art. 96, point 3. of book I, title III, chapter I, section 1 amended by Art. I,
point 11. of Law 310/2018 )


Article 97 - High Court of Cassation and Justice

The High Court of Cassation and Justice judges:

1. the appeals declared against the decisions of the appeal courts, as well as other decisions, in the
cases provided by law;

NOTE : In the interpretation and uniform application of the provisions of art. 97 point 1, the
competence to resolve the appeals declared against the decisions pronounced on appeal by the
courts, in the cases having as object claims that can be evaluated in money in the amount of up to
200,000 lei inclusive, as a result of the pronouncement of Decision no. 369 of May 30, 2017 of
the Constitutional Court, published in the Official Gazette of Romania, Part I, no. 582 of July 20,
2017, rests with the appeal courts.

( From 14-Nov-2018 Art. 97, pointTentrom Paradise

1. of book I, title III, chapter I, section 1 see application
references from the Act of Decision 18/2018 )

2. appeals in the interest of the law;

3. requests for a preliminary ruling to resolve legal issues;

4. any other requests given by law in its competence.

SECTION 2 - Determination of competence according to the value of the object of the preliminary
court application

Article 98 - General rules

(1) The competence is determined according to the value of the object of the request shown in the
main part of the request.

(2) In order to determine the value, accessories to the main claim, such as interest, penalties,
fruits, expenses or the like, will not be taken into account, regardless of the due date, nor the
periodic benefits due during the trial.

(3) In case of dispute, the value is established according to the documents presented and the
explanations given by the parties.

Article 99 - The case of several main claims

(1) When the plaintiff has notified the court with several main claims based on different facts or
causes, jurisdiction is established in relation to the value or, as the case may be, the nature or
object of each individual claim. If one of the claims is within the jurisdiction of another court, the
notified court will order dissociation and decline its jurisdiction accordingly.

(2) In the event that several main claims based on a common title or having the same cause or
even different causes, but closely related, were brought to trial through a single summons
request, the competent court solve them is determined taking into account the claim that attracts
the competence of a higher court.

Article 100 - Application made by several applicants

(1) If several plaintiffs, through the same request for summons, formulate their own claims
against the same defendant, invoking distinct and unrelated legal relationships that would make
it necessary to judge them together, the determination of the competent court is made by
observing the value or , as the case may be, of the nature or object of each individual claim.

(2) The provisions of para. (1) are also applicable when one or more plaintiffs formulate, through
the same summons, claims against several defendants, invoking distinct and unrelated legal
relationships.

Article 101 - Amount of the request in special cases

(1) In requests regarding the execution of a contract or another legal act, to establish the
competence of the court, the value of its object or, as the case may be, the value of the object
brought to the judgment shall be taken into account.

(2) The same value will be taken into account in requests regarding the finding of absolute nullity,
annulment, resolution or termination of the legal act, even if the restoration of the parties to the
previous situation is not requested, as well as in requests regarding the finding of the existence or
non-existence of a right.

(3) In requests of the same nature, regarding rental or leasing contracts, as well as in those
regarding the delivery or restitution of the rented or leased property, the value of the request is
calculated according to the annual rent or lease.

Article 102 - Request for partial payment

When the action demands the payment

Copertineof a part of a claim,
Balcon the value of the claim is calculated
& Terasă
according to the part claimed by the claimant as being due.

Tentrom
Article 103 - Request for successive Paradise
benefits

In requests that have as their object a right to successive benefits, if the duration of the existence
of the right is undetermined, their value is calculated according to the value of the annual benefit
due.

Article 104 - Claims in real estate matters

(1) In the requests having as object a property right or other real rights over a building, their
value is determined according to the taxable value, established according to the fiscal legislation.

(2) If the taxable value is not established, the provisions of art. 98.

Article 105:

[ Art. 105 of book I, title III, chapter I, section 2 was repealed on 21-Dec-2018 by
Art. I, point 12. of Law 310/2018 ]


(1) The court legally vested according to the provisions regarding the jurisdiction
according to the value of the object of the request remains competent to judge even
if, after the vesting, there are changes regarding the amount of the value of the
same object.

(2) The provisions of para. (1) are also applicable to the trial of appeals.

CHAPTER II: Territorial jurisdiction

Article 107 - General rule

(1) The request for summons is submitted to the court in whose jurisdiction the
defendant is domiciled or has its seat, unless the law provides otherwise.

(2) The court remains competent to judge the case even if, after the notification, the
defendant changes his domicile or headquarters.

Article 108 - The case of the defendant with unknown domicile or headquarters

If the domicile or, as the case may be, the seat of the defendant is unknown, the
application is submitted to the court in whose jurisdiction the residence or
representative is located, and if he does not have a known residence or
representative, to the court in whose jurisdiction the plaintiff has his domicile,
headquarters , residence or representative office, as the case may be.

Article 109 - The case of the legal entity that has dismembered

The request to be sued against a legal person under private law can also be made in
the court of the place where it has a dismantler without legal personality, for the
obligations that are to be executed in that place or that arise from documents
concluded by the representative of the dismantler or from facts committed by him.

Article 110 - Claims directed against an entity without legal personality

The request for summons against an association, society or other entity without
legal personality, established according to the law, can be brought to the competent
court for the person who, according to the agreement between the members, was
entrusted with its management or administration. In the absence of such a person,
the request may be submitted to the competent court for any of the members of the
respective entity.

Article 111 - Claims directed against legal entities under public law

Claims directed against the state, central or local authorities and institutions, as Mai multe
well as other legal entities under public law can be filed at the court of the plaintiff's
Tentrom
domicile or seat or at the court Paradise
of the defendant's seat.

Article 112 - Plurality of defendants

(1) The request to summon several defendants can be submitted to the competent
court for any of them; if there are accessory obligees among the defendants, the
application is submitted to the competent court for any of the main debtors.

(2) If a defendant has been summoned to court only for the purpose of notifying the
court competent for him, any of the defendants may plead incompetence at the first
court term at which the parties are legally summoned before the first court.

Article 113 - Alternative territorial competence

(1) Apart from the courts provided for in art. 107-112, are also competent:

1. the court of the applicant's domicile, in the requests regarding the establishment
of parentage;

2. the court in whose jurisdiction the claimant creditor is domiciled, in claims

related to the maintenance obligation, including those regarding state allowances
for children;

3. the court of the place provided in the contract for the execution, even in part, of
the obligation, in the case of requests regarding the execution, cancellation,
resolution or termination of a contract;

4. the court of the place where the building is located, for requests arising from a
report on the location of the building;

5. the court of the place where the building is located, for requests for tabular
benefit, tabular justification or tabular rectification;

6. the court of the place of departure or arrival, for claims arising from a transport
contract;

7. the court of the place of payment, in claims regarding obligations arising from a
bill of exchange, check, promissory note or another security;

8. the court of the consumer's domicile, in claims for the execution, finding of
absolute nullity, annulment, resolution, termination or unilateral denunciation of
the contract concluded with a professional or in claims for the reparation of
damages caused to consumers;

9. the court in whose jurisdiction the illegal act was committed or the damage
occurred, for claims regarding the obligations arising from such an act.

(2) When the defendant permanently exercises, outside his domicile, a professional
activity or an agricultural, commercial, industrial or other similar activity, the
application for summons can also be submitted to the court in the jurisdiction of
which the place of the respective activity is located, for the patrimonial obligations
born or to be executed in that place.

Article 114 - Requests in matters of guardianship and family

(1) If the law does not provide otherwise, requests regarding the protection of the
natural person given by the Civil Code under the jurisdiction of the guardianship
and family court are resolved by the court in whose territorial constituency the
protected person has his domicile or residence.

(2) In the case of requests regarding the authorization by the guardianship and
family court of the conclusion of legal acts, when the legal act whose authorization
is requested concerns a real estate, the court in whose territorial jurisdiction the
real estate is located is also competent. . In this case, the guardianship and family
court that pronounced the decision will immediately communicate a copy of it to
the guardianship and family court in whose territorial jurisdiction the protected
person has his domicile or residence.

Tentrom
Article 115 - Claims regarding Paradise
insurance

(1) In terms of insurance, the request for compensation can also be made to the
court in the jurisdiction of which:

1. domicile or headquarters of the insured;

2. the insured goods;

3. the place where the insured risk occurred.

(2) The choice of jurisdiction by convention is considered unwritten if it was made

before the birth of the right to compensation.

(3) In the matter of compulsory civil liability insurance, the injured third party may
file a direct action in the court of the domicile or, as the case may be, of its
headquarters.

(4) The provisions of para. (1) and (2) do not apply, however, in matters of
maritime, fluvial and air insurance.

Article 116 - Choice of court

The plaintiff has the choice between several equally competent courts.

Article 117 - Requests regarding real estate

(1) Requests regarding real real estate rights are submitted only to the court in
whose jurisdiction the real estate is located.

(2) When the real estate is located in the jurisdictions of several courts, the request
will be made at the court of the domicile or residence of the defendant, if it is
located in any of these jurisdictions, and otherwise, at any of the courts in whose
jurisdictions the real estate is located.

(3) The provisions of para. (1) and (2) are applied, by analogy, also in the case of
possessory actions, actions in demarcation, actions regarding the fences of real
estate ownership rights, as well as in the case of judicial division of a building, when
the division does not result from succession .

Article 118 - Claims regarding inheritance

(1) In matters of inheritance, until the exit from indivision, the following are the
exclusive jurisdiction of the court of the last domicile of the deceased:

1. requests regarding the validity or execution of testamentary dispositions;

2. claims regarding the inheritance and its duties, as well as those regarding the
claims that the heirs would have against each other;

3. the claims of the deceased's legatees or creditors against any of the heirs or
against the executor of the will.

(2) Requests made according to para. (1) which concern several successively
opened inheritances are under the exclusive competence of the court of the last
domicile of any of the deceased.

Article 119 - Requests regarding companies

Requests regarding the company, until the end of the liquidation or, as the case may
be, until the cancellation of the company, are under the exclusive competence of the
court in the district where the company has its main office.

Article 120 - Requests regarding insolvency

Copertine or preventive
Balcon arrangement
& Terasă

Mai multe
Requests in the matter of insolvency or preventive arrangement are the exclusive
Tentrom
jurisdiction of the court in whose Paradise
jurisdiction the debtor is based.

Article 121 - Claims against a consumer

Claims made by a professional against a consumer can only be filed in the court of
the consumer's domicile. The provisions of art. 126 para. (2) remain applicable.

CHAPTER III: Special provisions

Article 122 - The regime of competence rules

New rules of competence can be established only by amending the rules of this
code.

Article 123 - Accessory, additional and incidental requests

(1) Accessory, additional, and incidental claims are judged by the competent court
for the main claim, even if they are within the material or territorial jurisdiction of
another court, with the exception of the claims provided for in art. 120.

(2) The provisions of para. (1) also applies when the competence to resolve the main
request is established by law in favor of a specialized section or a specialized panel.

(3) When the court is exclusively competent for one of the parties, it will be
exclusively competent for all parties.

Article 124 - Defenses and procedural incidents

(1) The court competent to judge the main claim will rule on the defenses and
exceptions, apart from those that constitute prejudicial matters and which,
according to the law, are the exclusive competence of another court.

(2) Procedural incidents are resolved by the court before which they are invoked,
except in cases where the law expressly provides otherwise.

Article 125 - Request for verification

In requests to establish the existence or non-existence of a right, the jurisdiction of

the court is determined according to the rules provided for requests with the object
of realizing the right.

Article 126 - Choice of jurisdiction

(1) The parties may agree in writing or, in the case of arising disputes, also by verbal
declaration before the court that the processes regarding goods and other rights
that they may have will be tried by other courts than those that, according to the
law, would be territorially competent to judge them, except when this competence
is exclusive.

(2) In disputes related to the protection of consumer rights, as well as in other cases
provided by law, the parties may agree on the choice of the competent court, under
the conditions provided in paragraph (1) , only after the birth of the right to
compensation. Any contrary convention is considered unwritten.

Article 127 - Optional competence

( From June 22, 2016, Art. 127, paragraph (1) of book I, title III, chapter III, see
appeal in the interest of the law, Decision 7/2016 )

(1) If a judge has the capacity of plaintiff in a case under the jurisdiction of the court
where he works or of a court inferior to it, he will refer the case to one of the courts
of the same degree within the jurisdiction of any of the appeal courts adjacent to the
court of appeal in whose jurisdiction is the court at which it carries out its activity.

( From 21-Dec-2018 Art. 127, paragraph (1) of book I, title III, chapter III amended Mai multe
by Art. I, point 13. of Law 310/2018 )
Tentrom Paradise

(2) In the case of a claim brought against a judge that would be under the
jurisdiction of the court where he/she carries out his/her activity or of a court
lower than it, the claimant can refer to one of the courts of the same degree within
the jurisdiction of any of the appeal courts neighboring the court of appeal in whose
jurisdiction is the court that would have been competent, according to the law.

( From 21-Dec-2018 Art. 127, paragraph (2) of book I, title III, chapter III amended

(21) The provisions of para. (1) and (2) shall be applied accordingly in the case
where a court has the capacity of plaintiff or defendant, as the case may be.

( From 21-Dec-2018 Art. 127, paragraph (2) of book I, title III, chapter III
supplemented by Art. I, point 14. of Law 310/2018 )

(3) The provisions of para. (1) and (2) shall be applied accordingly in the case of
prosecutors, judicial assistants and clerks.

( From June 22, 2016, Art. 127, paragraph (3) of book I, title III, chapter III, see

Article 128 - Incidents regarding arbitration

The jurisdiction of the courts in relation to the incidents regarding the arbitration
regulated by this code belongs in all cases to the court in the jurisdiction where the
arbitration takes place.

CHAPTER IV: Procedural incidents regarding the jurisdiction of the court

SECTION 1 - Incompetence and conflicts of competence

Article 129 - Incompetence exception

(1) Incompetence is public or private.

(2) Incompetence is of public order:

1. in case of violation of the general competence, when the process is not within the jurisdiction of
the courts;

2. in the case of violation of material competence, when the process is under the competence of a
court of another level or the competence of another section or another fully specialized one;

( From 21-Dec-2018 Art. 129, paragraph (2), point 2. of book I, title III, chapter IV, section 1

3. in case of violation of exclusive territorial competence, when the process is under the
competence of another court of the same degree and the parties cannot remove it.

(3) In all other cases, the incompetence is of a private nature.

NOTE : The High Court admits the appeal in the interest of the law formulated by the
Management Board of the Suceava Court of Appeal and, consequently, establishes that in the
interpretation and uniform application of the provisions of art. 129 para. (2) point 2, art. 129
para. (3), art. 130 para. (2) and (3), art. 131, art. 136 para. (1), art. 200 para. (2) from the Civil
Procedure Code and art. 35 para. (2) and art. 36 para. (3) from Law no. 304/2004, the procedural
material incompetence of the specialized section/completion is of public order.

( From 16-Oct-2018 Art. 129, paragraph (3) of book I, title III, chapter IV, section 1 see
application references from the Act of Decision 17/2018 )

Article 130 - Invoking the exception


Mai multe
(1) The general incompetence of the courts can be invoked by the parties or by the judge in any
state of the case. Tentrom Paradise
(2) The material and territorial incompetence of public order must be invoked by the parties or by
the judge at the first court term at which the parties are legally summoned before the first court
and can present conclusions.

( From 21-Dec-2018 Art. 130, paragraph (2) of book I, title III, chapter IV, section 1 amended by

(3) The incompetence of a private order can only be invoked by the defendant by appearance or,
if appearance is not mandatory, at the latest at the first trial term at which the parties are legally
summoned before the first court and can present conclusions.


(4) If the incompetence is not of public order, the party that made the request to a non-competent
court will not be able to request a declaration of incompetence.

Article 131 - Verification of competence

(1) At the first court term at which the parties are legally summoned before the first court and can
present conclusions, the judge is obliged, ex officio, to check and establish whether the court
referred to is competent in general, materially and territorially to judge the case, recording in the
content of the conclusion of the session, the legal grounds for which it establishes the competence
of the notified court. The conclusion has an interlocutory character.


(2) Exceptionally, if clarifications or additional evidence are needed to establish competence, the
judge will discuss this issue with the parties and will grant a single deadline for this purpose.


( From October 16, 2018, Art. 131 of book I, title III, chapter IV, section 1, see application

Article 132 - Resolution of the exception

(1) When the jurisdiction of the court is questioned, ex officio or at the request of the parties, it is
obliged to establish the competent court or, if necessary, another body with competent
jurisdictional activity.

(2) If the court declares itself competent, it will proceed to the trial of the case. The conclusion
can be challenged only together with the decision pronounced in the case.

(3) If the court is declared incompetent, the decision is not subject to any appeal, the file being
immediately sent to the competent court or, as the case may be, to another body with competent
jurisdictional activity.

(4) If the court declares itself incompetent and rejects the request as inadmissible as it is within
the competence of a body without jurisdictional activity or as not being within the competence of
the Romanian courts, the decision is only subject to appeal to the hierarchically superior court.

Article 133 - The conflict of competence. Cases

There is a conflict of competence:

1. when two or more courts declare themselves competent

Copertine Balcon to&judge the same trial;
Terasă

Mai multe
2. when two or more courts have mutually declined the competence to judge the same trial or, in
the case of successive declines, Tentrom Paradise
if the last court invested in its turn declines its competence in
favor of one of the courts that previously declared itself incompetent.

Article 134 - Suspension of the process

The court before which the conflict of jurisdiction arose will ex officio suspend the judgment of
the case and forward the file to the competent court to resolve the conflict.

Article 135 - Resolution of the conflict of competence

(1) The conflict of jurisdiction arising between two courts shall be resolved by the immediately
superior and common court of the conflicting courts.

(2) There can be no conflict of jurisdiction with the High Court of Cassation and Justice. The
decision of declining jurisdiction or establishing jurisdiction issued by the High Court of
Cassation and Justice is binding for the referring court.

(3) The conflict of jurisdiction arising between a court and another body with jurisdictional
activity is resolved by the court hierarchically superior to the court in conflict.

(4) The court competent to judge the conflict will decide, in the council chamber, without
summoning the parties, through a final decision.


(1) The provisions of this section regarding the exception of lack of competence and the conflict of
competence are applied by analogy in the case of the specialized sections of the same court, which
are pronounced by closing.


( From 16-Oct-2018 Art. 136, paragraph (1) of book I, title III, chapter IV, section 1 see

(2) The conflict will be resolved by the court section established according to art. 135
corresponding to the section before which the conflict arose.

(3) The conflict between two sections of the High Court of Cassation and Justice is resolved by the
Panel of 5 judges.

(4) The provisions of para. (1)-(3) shall be applied accordingly in the case of specialized complete
sets.

Article 137 - Evidence administered before the non-competent court

In the case of a declaration of incompetence, the evidence administered before the incompetent
court remains admissible to the court and the competent court charged with solving the case will
only order their restoration for well-grounded reasons.

SECTION 2 - Litispendency and connection

Article 138 - Exception to lis pendens

(1) No one can be sued for the same cause, the same object and by the same party, before several
competent courts or even before the same court, through separate requests.

(2) The exception of lis pendens can be invoked by the parties or by the court ex officio in any
state of the process before the substantive courts.

Mai multe
(3) When the courts are of the same level, the exception is invoked before the court referred to
later. If the exception is accepted,Tentrom
the fileParadise
will be sent immediately to the first court.

(4) When the courts are of different level, the exception is invoked before the lower level court. If
the exception is accepted, the file will be immediately sent to the higher court.

(5) The conclusion by which the exception was resolved can be challenged only together with the
merits.

(6) When one of the trials is tried in appeal, and the other before the substantive courts, the latter
are obliged to suspend the trial until the resolution of the appeal.

(7) The provisions of para. (2), (3) and (5) shall be applied accordingly when identical processes
are pending in the same court.

Article 139 - Connection exception

(1) In order to ensure a good judgment, in the first instance it is possible to connect several
processes in which the same parties are involved or even together with other parties and whose
object and cause are closely related.

(2) The exception of connection can be invoked by the parties or ex officio at the latest at the first
term of judgment before the subsequently notified court, which, by closing, will rule on the
exception. The conclusion can be challenged only together with the substance.

(3) The file will be sent to the first court, unless the plaintiff and the defendant request that it be
sent to one of the other courts. If the courts are of different degrees, the files will be connected to
the higher court in the degree.

(4) When one of the requests is under the exclusive jurisdiction of a court, the connection is made
to that court. The provisions of art. 99 para. (2) are applicable.

(5) In any state of judgment, connected processes can be disjointed and judged separately, if only
one of them is in a state of judgment.

SECTION 3 - Transfer of processes. Delegation of the court

Article 140 - Grounds for displacement

(1) The transfer of the trial can be requested for reasons of legitimate suspicion or public safety.

(2) Suspicion is considered legitimate in cases where there is doubt about the judges' impartiality
due to the circumstances of the trial, the quality of the parties or some local conflictual relations.

(3) The exceptional circumstances which assume that the judgment of the case in the competent
court could lead to the disturbance of public order constitute reasons of public safety.

Article 141 - Request for displacement

(1) Eviction for reasons of legitimate suspicion or public safety may be requested at any stage of
the process.

(2) The eviction based on legitimate suspicion can be requested by the interested party, and the
one founded on the grounds of public safety, only by the general prosecutor from the Prosecutor's
Office next to the High Court of Cassation and Justice.

Article 142 - Competent court

(1) The request for relocation based on legitimate suspicion is within the competence of the court
of appeal, if the court from which the relocation is requested is a court or a tribunal within its
jurisdiction. If the eviction is requested from the court of appeal, the resolution competence rests
with the High Court of Cassation and Justice. In the case of removal requests based on legitimate
suspicion regarding the capacity of a judge in a court within the jurisdiction of the competent
court of appeal, as well as those regarding the capacity of a party in a court within the jurisdiction
of the same court, the resolution competence rests with the High Court of Cassation and Justice.
The request for relocation is submitted to the court competent to resolve it, which will
immediately notify the court from which the relocation was requested about the formulation of
the request for relocation. Customizabile: Culori, dimensiuni, mecanism de strângere. Alege Tentrom Paradise! Mai multe

Tentrom Paradise

(2) The request for relocation based on reasons of public safety is under the jurisdiction of the
High Court of Cassation and Justice, which will immediately notify you of the submission of the
request to the court from which the relocation is requested.

(3) Upon receiving the relocation request, the court competent to resolve it will be able to request
the case file.

Article 143 - Suspension of trial

(1) At the request of the interested party, the trial panel can order, if necessary, the suspension of
the trial, with the provision of a bail in the amount of 1,000 lei. For good reasons, the suspension
can be ordered under the same conditions, without summoning the parties, even before the first
trial term.

(2) The suspension decision is not motivated and is not subject to any appeal.

(3) The measure of suspension of the trial will be communicated urgently to the court from which
the eviction was requested.

Article 144 - Judgment of the request

(1) The eviction request is judged urgently, in the council chamber, with the summoning of the
parties in the process.

(2) The conclusion on displacement is given without motivation and is final.


(3) The court from which the relocation was requested will be informed, immediately, about the
admission or rejection of the relocation request.

Article 145 - Effects of accepting the request

(1) *) In case of admission of the relocation request, the appeal court sends the case to another
court of the same degree in its jurisdiction. The High Court of Cassation and Justice will transfer
the trial of the case to one of the courts of the same degree located in the jurisdiction of any of the
appeal courts neighboring the appeal court in whose jurisdiction the court from which the
transfer is requested is located.

___

NOTE : See Constitutional Court Decision no. 558/2014, published in the Official Gazette of
Romania, Part I, no. 897 of December 10, 2014.

It is noted that the provisions of art. 142 para. (1) the first sentence and of art. 145 para. (1) the
first sentence of the Code of Civil Procedure are constitutional to the extent that the reason for
legitimate suspicion does not relate to the capacity of the court of appeal within the scope of
which the court charged with adjudicating the litigation operates.

( From May 9, 2016 Art. 145, paragraph (1) of book I, title III, chapter IV, section 3 attacked by
(partially admitted exception) Act from Decision 169/2016 )

(2) The decision will show to what extent the documents executed by the court before the
relocation are to be preserved. In the event that the court from which the relocation was ordered
has in the meantime proceeded to judge the case, the pronounced decision is annulled by law by
the effect of admitting the request for relocation.

(3) The appeal or, as the case may be, the appeal against the decision given by the court to which
the trial was transferred are the competence of the hierarchically superior courts. If the appeal or
appeal is accepted, the referral for retrial, when the law provides for it, will be made to a court
within the jurisdiction of the oneCustomizabile: Culori,
that resolved the dimensiuni, mecanism de strângere. Alege Tentrom Paradise!
appeal. Mai multe

Tentrom Paradise
Article 146 - Formulation of a new relocation request

(1) The transfer of the process cannot be requested again, unless the new request is based on
circumstances unknown at the time of the resolution of the previous request or arise after its
resolution.

(2) The request to relocate the case introduced with non-compliance with the provisions of para.
(1) is inadmissible if the case is pending before the same court.

Article 147 - Delegation of the court

When, due to exceptional circumstances, the competent court is prevented from functioning for a
longer time, the High Court of Cassation and Justice, at the request of the interested party, will
designate another court of the same degree to judge the case.

TITLE IV: Procedure documents

CHAPTER I: Form of requests

Article 148 - General conditions

(1) Any request addressed to the courts must be formulated in writing and include the indication
of the court to which it is addressed, the name, surname, domicile or residence of the parties or,
as the case may be, their name and headquarters, the name and surname, domicile or residence
of the representatives them, if applicable, the object, the value of the claim, if applicable, the
reasons for the application, as well as the signature. Also, the request will include, if necessary,
the electronic address or the coordinates that have been indicated for this purpose by the parties,
such as the telephone number, fax number or the like.

(2) Requests addressed, personally or through a representative, to the courts can also be filed
electronically, if the conditions stipulated by the law are met.

(3) The provisions of para. (2) are also applicable in the event that this code stipulates the
condition of the written form of the arguments, defenses or conclusions of the parties or other
procedural documents addressed to the courts.

(4) In the specific cases provided by the law, the requests made in the meeting, at any court, can
also be formulated orally, mentioning this at the end.

(5) If, for any reason, the application cannot be signed at the deadline when it was submitted or,
as the case may be, at the first deadline that follows, the judge will establish the identity of the
party through one of the means provided by law, will read the content of the application and will
consent to this. All this will be mentioned in the end.

(6) Requests addressed to the courts are stamped, unless the law provides otherwise.

Article 149 - Number of copies

(1) When the request is to be communicated, it will be made in as many copies as are necessary
for communication, except in cases where the parties have a common representative or the party
appears in several legal capacities, when it will be made in a single copy. In all cases, a copy for
the court is also required.

(2) The provisions of para. (1) are applicable accordingly and in the case provided for in art. 148
para. (4) , the session clerk being required to prepare ex officio the copies of the closing necessary
for communication.

(3) If the obligation stipulated in para. (1) is not fulfilled, the court will be able to fulfill ex officio
or charge any of the parties the fulfillment of this obligation, at the expense of the party that had
this obligation.

(4) If the request was communicated, according to the law, by fax or e-mail, the court clerk is
required to prepare ex officio copies of the request, at the expense of the party that had this
obligation. The provisions of art. 154 para. (6) remain applicable.

Tentrom Paradise
Article 150 - The attached entries

(1) Each copy of the application shall be accompanied by copies of the documents that the party
agrees to use in the process.

(2) The copies shall be certified by the party for compliance with the original.

(3) Only the parts of the record relating to the trial may be submitted in copy, following that the
court will order, if necessary, the presentation of the record in its entirety.

(4) When the entries are written in a foreign language, they are submitted in certified copy,
accompanied by the legalized translation made by an authorized translator. In the event that
there is no authorized translator for the language in which the documents in question are drawn
up, translations made by reliable persons familiar with the respective language may be used,
under the conditions of the special law.

(5) The provisions of art. 149 is applied accordingly.

Article 151 - Application made by representative

(1) When the request is made through a proxy, the original or certified copy of the power of
attorney will be attached.

(2) The lawyer and the legal advisor will submit their power of attorney, according to the law.

(3) The legal representative will attach a legalized copy of the document proving his quality.

(4) The representatives of private legal entities shall submit, in copy, an extract from the public
register in which their power of attorney is mentioned.

(5) The governing body or, as the case may be, the appointed representative of an association,
company or other entity without legal personality, established according to the law, will attach, in
a legalized copy, the extract from the act certifying its right to legal representation.

Article 152 - Wrongly named application

The request to be summoned to court or to exercise a right of appeal is validly made even if it
bears the wrong name.

CHAPTER II: Citation and communication of procedural documents

Article 153 - The obligation to cite the parties

(1) The court can rule on a request only if the parties have been summoned or appeared,
personally or through a representative, except in cases where the law provides otherwise.

(2) The court will adjourn the trial and will order that the summons be issued whenever it finds
that the missing party was not summoned in compliance with the requirements provided by law,
under the penalty of nullity.

Article 154 - Competent bodies and methods of communication

(1) The communication of subpoenas and all procedural documents will be done, ex officio, by the
procedural agents of the court or by any other employee thereof, as well as by agents or
employees of other courts, in whose jurisdiction the one whose i the act is communicated.

(2) The communication is made in a closed envelope, to which is attached the proof of
service/minutes and the notification provided for in art. 163. The envelope will bear the
inscription "FOR JUSTICE. TO BE DELIVERED AS PRIORITY".

(3) The requested court, when asked to perform the communication procedure for another court,
is obliged to immediately take the necessary measures, according to the law, and to send the
requesting court the evidence of the completion of the procedure.

(4) If the communication accordingTentrom

to Paradise
para. (1) is not possible, this will be done by post, by
registered letter, with confirmation of receipt, in a closed envelope, to which is attached the proof
of receipt/minutes and the notice provided for in art. 163.

( From 21-Dec-2018 Art. 154, paragraph (4) of book I, title IV, chapter II amended by Art. I,
point 20 of Law 310/2018 )

(5) At the request of the interested party and at his expense, the communication of the procedural
documents can be done directly by bailiffs, who will be required to fulfill the procedural
formalities provided in this chapter, or by fast courier services, in this follow the provisions of
para. (4) being applicable accordingly.

(6) The communication of subpoenas and other procedural documents can be done by the court
registry and by fax, e-mail or other means that ensure the transmission of the text of the
document and confirmation of its receipt, if the party has indicated to the court the appropriate
data for this purpose. The communication of the procedural documents will be accompanied by
the extended electronic signature of the court that will replace the court stamp and the signature
of the court clerk from the mandatory mentions of the summons. Each court will have a single
extended electronic signature for subpoenas and procedural documents.

( From 21-Dec-2018 Art. 154, paragraph (6) of book I, title IV, chapter II amended by Art. I,
point 20. of Law 310/2018 )

(61) The subpoenas and other procedural documents mentioned in para. (6) are considered
communicated at the time when they received a message from the system used that they reached
the recipient according to the data provided by him.

( From 21-Dec-2018 Art. 154, paragraph (6) of book I, title IV, chapter II supplemented by Art.
I, point 21. of Law 310/2018 )

(7) The court will verify the execution of the subpoena and communication procedures arranged
for each deadline and, when necessary, will take measures to restore these procedures, as well as
for the use of other means that can ensure the notification of the parties for the appearance at the
deadline.

(8) In order to obtain the data and information necessary to carry out the procedure for the
communication of subpoenas, other procedural documents, as well as the fulfillment of any
assignment specific to judicial activity, the courts have the right of direct access to electronic
databases or other information systems owned by public authorities and institutions. They have
the obligation to take the necessary measures in order to ensure direct access of the courts to the
electronic databases and information systems held.

Article 155 - Place of summons

(1) The following shall be cited:

1. the state, through the Ministry of Public Finance or other bodies designated for this purpose by
law, at their headquarters;

2. administrative-territorial units and other legal entities under public law, through those
charged with representing them in court, at their headquarters;

3. legal entities under private law, through their representatives, at the main office or, when
appropriate, at the office of their dismemberment;

4. associations, companies and other entities without legal personality established according to
the law, through the designated representative, at its headquarters or domicile;

5. those subject to the insolvency procedure, as well as their creditors, at their domicile or, as the
case may be, at their headquarters; after the opening of the procedure, the summons will be
carried out according to the special law;

6. natural persons, at their domicile; if they do not live at home, the summons will be made at
their known residence or at the place chosen by them; in their absence, the summons can be
made at the known place where he permanently carries out his current activity;

7. the incapacitated or those withTentrom

limitedParadise
exercise capacity, through their representatives or legal
guardians, at their domicile or headquarters, as the case may be; in case of appointment of a
special curator, according to art. 58, the citation will be made through this curator, at the office or
professional;

8. patients hospitalized in health facilities, at their administration;

9. the soldiers stationed at the unit of which they belong, through its command;

10. those who are part of the crew of a maritime or fluvial ship, other than military, if they do not
have a known domicile, at the captaincy of the port where the ship is registered;

11. detainees, at the administration of the place of detention;

12. the staff of diplomatic missions, consular offices and Romanian citizens sent to work within
the staff of international organizations, as well as the family members who live with them, while
they are abroad, through the Ministry of Foreign Affairs; other Romanian citizens, who are
abroad in the interest of service, including the members of the families who accompany them,
through the central bodies that sent them or under whose authority is the unit that sent them
abroad;

13. persons who are abroad, other than those provided for in point 12, if they have a known
domicile or residence, by means of a written summons sent by registered letter with declared
contents and confirmation of receipt, the receipt of handing over the letter to the Romanian post
office , in which the documents to be sent will be mentioned, taking the place of proof of the
completion of the procedure, if it is not stipulated otherwise by treaties or international
conventions to which Romania is a party or by special normative acts. If the domicile or residence
of those abroad is not known, the summons is made according to art. 167. In all cases, if those
abroad have a representative known in the country, only the latter will be cited;

14. those with unknown domicile or residence, according to art. 167;

15. the heirs, until their intervention in the process, through a special curator appointed by the
court, at his domicile.

(2) In the cases provided for in para. (1) points 1 and 2, the state, through the Ministry of Public
Finance, the administrative-territorial units, as well as the other legal entities under public law
can choose a procedural seat where all procedural documents will be communicated.

Article 156 - The obligation to choose the place of summons

The persons who are abroad, cited according to art. 155 para. (1) points 12 and 13, for the first
term of the trial, they will be notified by summons that they have the obligation to choose a
domicile in Romania where they will receive all the communications regarding the trial. If they do
not comply, the communications will be made to them by registered letter, the delivery receipt to
the Romanian post office of the letter, in which the documents to be sent will be mentioned,
taking the place of proof of completion of the procedure.

Article 157 - Content of the subpoena

(1) The subpoena will include:

a) the name of the court, its seat and, when appropriate, a place other than the seat of the court
where the trial is to be held;

b) the date of issuance of the summons;

c) file number;

d) year, month, day and time of appearance;

e) the name and surname or name, as the case may be, of the person cited, as well as the place
where it is cited;

f) the quality of the person cited;Copertine Balcon & Terasă

Mai multe
g) the name and surname or name, as the case may be, of the opposing party and the object of the
request; Tentrom Paradise
h) indication, if applicable, of the judicial stamp duty and the judicial stamp owed by the person
cited;

i) the mention that, by handing the subpoena, under the signature of receipt, personally or
through a legal or conventional representative or through the official or the person in charge of
receiving the correspondence for a court term, the subpoenaed person is considered to be aware
of the subsequent court terms for which the summons was handed to him;

j) other mentions provided by law or established by the court;

k) the stamp of the court and the signature of the clerk.

(2) The subpoena shall mention, when necessary, any data necessary to establish the address of
the subpoenaed person, as well as if the subpoena is made with a summons to the interrogation
or if the subpoenaed person is obliged to present certain documents or if he is notified with the
subpoena other procedural documents. In cases where attendance is not mandatory, the
summons will mention the defendant's obligation to prepare his defense for the first term of the
trial, proposing the evidence he agrees to use, under the penalty provided by law, which will be
expressly indicated.

(3) The requirements from para. (1) lit. a), c), d), e) and k) are provided under penalty of nullity.

Article 158 - Choosing the place of summons and communication of other procedural
documents

(1) In case of choice of domicile or, as the case may be, headquarters, if the party also indicated
the person in charge of receiving the procedural documents, their communication will be made to
that person, and in the absence of such a mention, communication will be made , as the case may
be, according to art. 155 or 156.

(2) The party can choose to have all the procedural documents sent to him at the mailbox.

Article 159 - The deadline for serving the summons

The subpoena and the other procedural documents, under penalty of nullity, will be handed to
the parties at least 5 days before the trial date. In urgent cases or when the law expressly
provides, the judge can order the shortening of the term for serving the summons or the
procedural document, mentioning this in the summons or the procedural document.

Article 160 - Invocation and removal of irregularities regarding the summons

(1) If the party present in court, in person or through a representative, did not receive the
summons or received it within a shorter period than that stipulated in art. 159 if there is another
cause of nullity regarding the summons or the procedure for serving it, the process is postponed,
at the request of the interested party.

(2) Any irregularity regarding the citation will no longer be taken into account if, according to
para. (1) , the postponement of the process was not requested, as well as in case the party absent
at the time when the irregularity occurred did not invoke it at the time following its production, if
at this time he was present or legally summoned.

(3) In the absence of the illegally summoned party, the irregularity regarding the summoning
procedure may be invoked by the other parties or ex officio, but only at the time when it occurred.

Article 161 - Delivery made personally to the cited person

(1) The subpoena and all the procedural documents are delivered personally to the subpoenaed
person, at the place of the subpoena established according to art. 155 para. (1) point 6.

(2) Delivery can be made wherever the person cited is located.

(3) For those who live in a hotel or dormitory, the summons shall be delivered, in their absence,
to the hotel administrator or the resident, and, in his absence, to the porter or to the person who
usually replaces him.

Tentrom
(4) For those who are under arms, Paradiseis delivered to the unit they belong to.
the summons

(5) For those who make up the crew of a maritime or fluvial vessel, in the absence of a known
domicile, delivery is made to the captaincy of the port where the vessel is registered.

(6) For prisoners, delivery is made to the prison administration.

(7) For patients in hospitals, sanatoriums or other similar medical or social assistance facilities,
the delivery is made to their administration.

Article 162 - Handover made to other persons

(1) Delivery of subpoenas and all procedural documents in the cases provided for in art. 155 para.
(1) points 1-5 and point 12 or when the act is to be handed to a lawyer, public notary or bailiff it
can be done to the official or persons] in charge of receiving the correspondence, who will sign
the proof. In their absence, the subpoena or the procedural documents will be delivered to the
building administrator, and, in their absence, to the guard or the security guard, who will sign the
minutes drawn up for this purpose by the agent, after the latter has certified in prior to its
identity and quality.

(2) In the cases provided for in art. 161 para. (4) -(7), the unit where the cited person is located
will immediately hand him the summons or, as the case may be, the procedural document
communicated under evidence, certifying his signature or showing the reason why his signature
could not be obtained . In the latter case, the procedure will be according to para. (1) . The
evidence will be handed over to the agent or will be sent directly to the court, if the service of the
summons could not be done immediately.

Article 163 - Communication procedure

(1) The communication of the subpoena will be made to the person entitled to receive it, who will
sign the proof of service certified by the agent in charge of service.

(2) If the addressee receives the summons, but refuses to sign the proof of delivery or, for valid
reasons, cannot sign it, the agent will draw up a report showing these circumstances.

(3) If the addressee refuses to receive the summons, the agent will deposit it in the mailbox. In
the absence of a mailbox, a notice will be posted on the door of the addressee's home that must
include:

a) the year, month, day and time when the submission or, as the case may be, the display was
made;

b) the name and surname of the person who made the submission or, as the case may be, the
display and his function;

c) the name, surname and domicile or, as the case may be, the residence, respectively the
registered office;

d) the number of the file in connection with which the notification is made and the name of the
court before which the file is located, with the indication of its headquarters;

e) showing the procedural documents whose communication is in question;

f) the mention that after one day, but no later than 7 days after the notice is displayed or, when
there is an emergency, no later than 3 days, the addressee has the right to appear at the seat of
the court to be notified of the summons. When his domicile or residence or, as the case may be,
his seat is not located in the locality where the court has its seat, the notification will include the
mention that in order to be notified of the summons, the addressee has the right to appear at the
headquarters of the municipality in whose territorial area he lives or has its headquarters;

g) the mention that, if, without valid reasons, the addressee does not present himself for the
communication of the summons within the 7-day period or, as the case may be, the 3-day period
provided for in letter f), the subpoena is considered to have been communicated upon completion
of this term;

h) the signature of the person who submitted orBalcon

Copertine displayed the notice.
& Terasă

Mai multe
(4) The mentions from para. (3) lit. c) -g) are completed by the court registry. The terms
Tentrom
stipulated in para. (3) lit. f) and g) Paradisedaily.
are calculated

(5) About the circumstances shown in para. (3) the agent will draw up a report, which will include
the mentions shown in art. 164, this giving evidence up to the false registration regarding the
facts personally ascertained by the one who concluded it.

(6) If the addressee is not found at home or residence or, as the case may be, headquarters, the
agent will hand the summons to an adult in the family or, failing that, to any other adult who lives
with the addressee or who, normally, receive correspondence.

(7) When the addressee lives in a hotel or in a building composed of several apartments and is not
found at this residence, the agent will communicate the summons to the administrator, the porter
or the person who usually replaces him. In these cases, the person who receives the summons will
sign the proof of receipt, the agent certifying his identity and signature and concluding a report
regarding these circumstances. The provisions of para. (2) is applied accordingly.

(8) In the event that the persons provided for in para. (6) and (7), as well as when they, although
present, refuse to receive the document, the provisions of para. (3)-(5) .

(9) In the cases provided for in para. (3) and (8), the agent has the obligation to, within no more
than 24 hours from the submission or display of the notice, submit the subpoena, as well as the
minutes provided for in paragraph. (5) , at the headquarters of the court that issued the summons
or, as the case may be, at that of the town hall in which the addressee lives or has its
headquarters, following that they will communicate the summons.

(10) When the party or its representative is served with the subpoena by the specific official
appointed within the city hall, he has the obligation to, within no more than 24 hours from the
service, submit to the court the proof of service provided for in paragraph. (1) , as well as the
minutes provided for in para. (5) .

(11) When the term stipulated in para. (3) lit. f) has been fulfilled without the party or its
representative appearing at the city hall to be served with the summons, the specific official in
charge of the city hall will submit to the court, immediately, the summons that had to be
communicated, as well as the minutes provided for in para. (5) .

(111) When the documents were communicated according to the provisions of art. 154 para. (6)
the communication message to the recipient received from the system constitutes proof of
communication. It will be listed and attached to the case file.

( From 21-Dec-2018 Art. 163, paragraph (11) of book I, title IV, chapter II supplemented by Art.
I, point 22. of Law 310/2018 )

(12) The provisions of this article also apply to the communication or notification of any other
procedural act.

Article 164 - Content of the proof of delivery and the minutes

(1) Proof of delivery of the subpoena or other procedural document or, as the case may be, the
minutes shall include:

a) the year, month, day and time when the evidence was taken or the minutes were drawn up;

b) the name, surname and function of the agent, as well as, if applicable, of the official from the
town hall;

c) the name and surname or name, as the case may be, and the domicile or headquarters of the
addressee, indicating the number of the floor, apartment or room, if the cited person lives in a
building with several floors or apartments or in a hotel, as well as if the procedural act it was
delivered to his home, deposited in the mailbox or displayed on the door of the home. If the
procedural act was handed over to another place, mention will be made of this;

d) the name, first name and title of the person to whom delivery was made, if the procedural
document was delivered to a person other than the addressee;

e) the name of the court from which the summons or other procedural act is issued and the file
number;

Mai multe
f) the signature of the person who received the summons or other procedural document, as well
Tentrom
as the signature of the agent or, as Paradise
the case may be, the official from the town hall who certifies it,
and in the event that minutes are drawn up, the signature of the agent, respectively of the town
hall official.

(2) The minutes will also include showing the reasons for which it was drawn up.

(3) The requirements from para. (1) lit. a), c), d), e) and f) are provided under penalty of nullity.

(4) The mentions in the minutes regarding the facts personally ascertained by the person who
drew them up can only be contested through the false registration procedure.

Article 165 - Date of completion of the procedure

The procedure is considered completed:

1. on the date of signing the proof of delivery or, as the case may be, of concluding the minutes
provided for in art. 164, regardless of whether or not the party received the subpoena or other
personal procedural document;

2. in the case of summoning or communication of another procedural act carried out by post or
fast courier, according to art. 154 para. (4) and (5), the procedure is considered completed on the
date of signing by the party of the confirmation of receipt or of the recording, according to art.
163, by the postal official or by the courier of its refusal to receive the correspondence;

3. in the case of summoning or communication of another procedural act carried out according to
the provisions of art. 154 para. (6), the procedure is considered completed on the date shown on
the printed copy of the shipment, certified by the clerk who made the transmission.

( From 21-Dec-2018 Art. 165, point 3. of book I, title IV, chapter II amended by Art. I, point 23.
of Law 310/2018 )

Article 166 - Impossibility to communicate the procedural act

When the communication of procedural documents cannot be done because the building has
been demolished, has become uninhabitable or unusable or the addressee of the document no
longer lives in the respective building or when the communication cannot be made for other
similar reasons, the agent will report the case to the court registry to to notify the party that
requested the communication about this circumstance in advance and consider taking steps to
obtain the new address where the communication is to be made.

Article 167 - Citation through advertising

(1) When the plaintiff sees, motivated, that, although he did everything in his power, he did not
manage to find out the domicile of the defendant or another place where he could be summoned
according to the law, the court will be able to approve his summons through publicity.

(2) The summons by publicity is done by posting the summons at the door of the court, on the
portal of the competent court and at the last known address of the summoned person. In cases
where it deems it necessary, the court will also order the publication of the summons in the
Official Gazette of Romania or in a widely distributed central newspaper.

(3) With the approval of the citation by publicity, the court will appoint a curator from among the
lawyers of the bar, according to art. 58, which will be cited at the debates to represent the
defendant's interests.

(4) The procedure is considered completed on the 15th day after the publication of the summons,
according to the provisions of para. (2) .

(5) If the subpoena appears and proves that it was subpoenaed by publicity in bad faith, all
procedural documents that followed the approval of this subpoena will be annulled, and the
plaintiff who requested the subpoena by publicity will be sanctioned according to the provisions
of art. 187 para. (1) point 1 letter c).

Article 168 - Display


When the law or the court orders that the summons

Copertine Balconof &theTerasă
parties or the communication of
certain procedural documents be done by display, this display will be done at the court by the
Mai multe
clerk, and outside the court, byCustomizabile:
the agents inCulori,
chargedimensiuni, mecanism de strângere.
of the communication Alege Tentrom Paradise!
of the procedural
documents, concluding a trial - verbally,
Tentrom according
Paradise to art. 164, which will be submitted to the file.

Article 169 - Communication between lawyers or legal advisors

After the notification to the court, if the parties have a lawyer or legal advisor, requests,
submissions or other documents can be communicated directly between them. In this case, the
one who receives the request will certify the receipt of the copy to be submitted to the court or, as
the case may be, by any other means that ensures the fulfillment of this procedure.

Article 170 - Communication in court

(1) The party present in court in person, through a lawyer or through another representative is
obliged to receive the procedural documents and any documents used in the process, which are
communicated to him during the session. If the receipt is refused, the documents and letters are
considered to have been communicated by submitting them to the file, from where, upon request,
the party can receive them under signature.

(2) The party has the right to pick up between the deadlines, under the signature, the procedural
documents and the documents provided for in paragraph. (1) .

Article 171 - Communication days

When the communication of procedural documents is done by procedural agents, they will only
be able to serve on working days between 7.00-20.00, and in urgent cases, also on non-working
days or legal holidays, but only with the approval of the court president .

Article 172 - Change of place of citation

If during the process one of the parties has changed the place where it was summoned, it is
obliged to notify the court, indicating the place where it will be summoned at the following
deadlines, as well as the opposing party by registered letter, whose delivery receipt will be
submitted to the file together with the request notifying the court about the change of the place of
summons. If the party does not make this notification, the summoning procedure for the same
court is validly completed at the old summoning place.

Article 173 - Communication to other participants

The summoning of witnesses, experts, translators, interpreters or other participants in the

process, as well as, when necessary, the communication of procedural documents addressed to
them are subject to the provisions of this chapter, which are applied accordingly.

CHAPTER III: Nullity of procedural documents

Article 174 - Definition and classification

(1) Nullity is the sanction that totally or partially lacks the effects of the procedural act carried out
with non-compliance with the legal, substantive or formal requirements.

(2) Nullity is absolute when the non-respected requirement is established by a rule that protects a
public interest.

(3) Nullity is relative if the non-respected requirement is established by a rule that protects a
private interest.

Article 175 - Conditional nullity

(1) The procedural act is null and void if, by not complying with the legal requirement, the party
has been harmed, which can only be removed by abolishing it.

(2) In the case of annulments expressly provided by law, the injury is presumed, the interested
party being able to prove the contrary.

Article 176 - Unconditional nullity

Nullity is not conditioned by theCopertine

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injury in case of violation of the legal provisions
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regarding:

1. procedural capacity; Tentrom Paradise
2. procedural representation;

3. the jurisdiction of the court;

4. composition or constitution of the court;

5. publicity of the court hearing;

6. other legal requirements extrinsic to the procedural act, if the law does not provide otherwise.

Article 177 - Correction of irregularities in the procedural act

(1) Whenever it is possible to remove the injury without canceling the act, the judge will order the
correction of irregularities in the procedural act.

(2) However, the nullity cannot be covered if the lapse or another procedural sanction has
occurred or if an injury occurs or persists.

(3) The procedural document will not be annulled if, by the time of the pronouncement on the
nullity exception, its cause has disappeared.

Article 178 - Invocation of nullity

(1) Absolute nullity can be invoked by any party to the trial, by the judge or, as the case may be,
by the prosecutor, in any state of the trial of the case, if the law does not provide otherwise.

(2) The relative nullity can be invoked only by the interested party and only if the irregularity was
not caused by his own act.

(3) If the law does not provide otherwise, relative nullity must be invoked:

a) for irregularities committed before the start of the trial, by appearance or, if appearance is not
mandatory, at the first term of the trial;

b) for the irregularities committed during the trial, at the time when the irregularity was
committed or, if the party is not present, at the immediately following trial time and before
making conclusions on the merits.

(4) The interested party may waive, expressly or tacitly, the right to invoke relative nullity.

(5) All causes of nullity of procedural acts already carried out must be invoked at once, under
penalty of forfeiture of the party's right to invoke them.

Article 179 - Effects of nullity

(1) The null or voidable procedural act is abolished, in whole or in part, from the date of its
execution.

(2) If it is necessary, the court orders the restoration of the procedural document, in compliance
with all the conditions of validity.

(3) The annulment of a procedural act also entails the annulment of the following procedural
acts, if they cannot have an independent existence.

(4) The nullity of a procedural act does not prevent it from producing other legal effects than
those arising from its own nature.

TITLE V: Procedural deadlines

Article 180 - Establishing deadlines

(1) Procedural terms are established by law or by the court and represent the time interval in Mai multe
which a procedural act can be fulfilled or in which it is forbidden to fulfill a procedural act.
Tentrom Paradise

(2) In the cases provided by law, the term is represented by the date on which a certain
procedural act is fulfilled.

(3) In cases where the law itself does not establish the deadlines for the fulfillment of procedural
documents, they are fixed by the court. When setting the term, it will also take into account the
urgent nature of the process.

Article 181 - Calculation of deadlines

(1) The terms, unless the law provides otherwise, are calculated as follows:

1. when the term is calculated in hours, it starts to run from the zero hour of the following day;

2. when the term is counted in days, the day from which the term begins to run, nor the day when
it is fulfilled, is not included in the calculation;

3. when the term is calculated in weeks, months or years, it is fulfilled on the corresponding day
of the last week or month or of the last year. If the last month does not have a day corresponding
to the one in which the term began to run, the term is fulfilled on the last day of this month.

(2) When the last day of a term falls on a non-working day, the term is extended until the next
working day.

Article 182 - Fulfillment of the deadline

( From October 11, 2017, Art. 182 of book I, title V, see application references from Decision
34/2017 )

(1) The term that is calculated in days, weeks, months or years is fulfilled at midnight of the last
day on which the procedural document can be executed.

(2) However, if it is a document that must be submitted to the court or in another place, the term
will be fulfilled at the time when the activity stops in that place legally, the provisions of art. 183
being applicable.

Article 183 - Documents submitted to the post office, specialized courier services, military units
or places of detention

( From October 11, 2017, Art. 183 of book I, title V, see application references from Decision
34/2017 )

(1) The procedural act, submitted within the term provided by law by registered letter at the post
office or submitted to a fast courier service or a specialized communication service or sent by fax
or e-mail, is considered to have been made within .

( From 21-Dec-2018 Art. 183, paragraph (1) of book I, title V amended by Art. I, point 24. of
Law 310/2018 )

(2) The document submitted by the interested party within the term provided by law to the
military unit or to the administration of the place of detention where this party is located is also
considered to have been made within the term.

(3) In the cases provided for in para. (1) and (2), the post office receipt, as well as the registration
or attestation made, as the case may be, by the express courier service, the specialized
communication service, the military unit or the administration of the place of detention, on the
submitted document, as well as the mention of the date and time of receipt of the fax or e-mail, as
they are certified by the court's computer or receiving fax, serve as proof of the date of submission
of the document by the interested party.

( From 21-Dec-2018 Art. 183, paragraph (3) of book I, title V amended by Art. I, point 24. of
Law 310/2018 )

Article 184 - Expiration of the term. Its extension

(1) The terms start to run from the date of communication of the procedural documents, unless Mai multe
the law provides otherwise.
Tentrom Paradise

(2) It is considered that the act was communicated to the party in the event that he received a
copy of the act under his signature, as well as in the event that he requested communication of
the act to another party.

(3) The procedural term does not start to run, and if it started to run earlier, it is interrupted in
relation to the one without exercise capacity or with restricted exercise capacity, as long as a
person has not been appointed who, as the case may be, to represent him or assist him.

(4) The procedural term is interrupted and a new term begins to run from the date of the new
communication in the following cases:

1. when the death of one of the parties occurred; in this case, a single communication is made
again at the last domicile of the deceased party, in the name of the inheritance, without showing
the name and quality of each heir;

2. when the party representative died; in this case, a single communication is again made to the
party.

Article 185 - Non-compliance with the deadline. sanctity

(1) When a procedural right must be exercised within a certain term, failure to comply with it
entails the forfeiture of the exercise of the right, unless the law provides otherwise. The
procedural act made after the deadline is null and void.

(2) If the law stops the performance of a procedural act within a term, the act made before the
term is fulfilled can be canceled at the request of the interested party.

Article 186 - Timely reinstatement

(1) The party that missed a procedural deadline will only be reinstated if it proves that the delay is
due to well-justified reasons.

(2) For this purpose, the party shall complete the procedural act within 15 days at the latest from
the cessation of the obstruction, at the same time requesting its reinstatement within the
deadline. In the case of the exercise of appeals, this duration is the same as that provided for the
exercise of appeals.

(3) The request for reinstatement within the deadline will be resolved by the competent court to
resolve the request regarding the right not exercised within the deadline.

TITLE VI: Judicial fines and compensations

Article 187 - Violation of the obligations regarding the process. sanctity

(1) If the law does not provide otherwise, the court, according to the provisions of this article, will
be able to sanction the following acts committed in connection with the process, as follows:

1. with a judicial fine from 100 lei to 1,000 lei:

a) the introduction, in bad faith, of some main, accessory, additional or incidental requests, as
well as for the exercise of an obviously groundless appeal;

b) the formulation, in bad faith, of a request for recusal or displacement;

c) obtaining, in bad faith, the subpoena by publicity of any party;

d) obtaining, in bad faith, by the plaintiff whose request was rejected for insurance measures by
which the defendant was damaged;

e) disputing, in bad faith, by its author the writing or signature of an entry or the authenticity of
an audio or video recording;

f) the refusal of the party to appear at the information

Copertine Balcon &sessionTerasă regarding the advantages of
mediation, in the situations in which it has accepted, according to the law;

2. with a judicial fine from 50 lei Tentrom Paradise

to 700 lei:

a) the non-appearance of the cited legal witness or his refusal to testify when he is present in
court, unless he is a minor;

b) failure to bring, by the term set by the court, the approved witness, by the party who, for
imputable reasons, did not fulfill this obligation;

c) the non-appearance of the lawyer, who did not ensure his substitution by another lawyer, the
representative or the one who assists the party, or the non-compliance by them of the duties
established by law or by the court, if in this way the postponement of the trial was caused process;

d) the expert's refusal to receive the work or the unjustified failure to submit the work by the set
deadline or the refusal to provide the requested clarifications;

e) failure by the manager of the unit in which an expertise is to be carried out to take the
necessary measures for its performance or for the timely performance of the expertise, as well as
the prevention by any person of the performance of the expertise under the conditions of the law;

f) non-presentation of a registered document or an asset by the person who owns it, by the
deadline fixed for this purpose by the court;

g) the refusal or omission of an authority or another person to communicate, for reasons

imputable to it, at the request of the court and at the deadline fixed for this purpose, the data
resulting from its documents and records;

h) causing the postponement of the trial or enforced execution by the person in charge of the
fulfillment of the procedural documents;

i) preventing in any way the exercise, in connection with the trial, of the duties of judges, experts
appointed by the court under the conditions of the law, procedural agents, as well as other
employees of the court.

(2) The fine will not be applied to the persons referred to in para. (1) point 2, if good reasons
prevented them from fulfilling their obligations.

Article 188 - Other sanctioning cases

(1) Non-compliance by any of the parties or by other persons with the measures taken by the
court to ensure the order and solemnity of the court session is sanctioned with a judicial fine from
100 lei to 1,000 lei.

(2) Non-compliance by any person with the provisions regarding the normal execution of forced
execution is sanctioned by the president of the execution court, at the request of the executor,
with a judicial fine from 100 lei to 1,000 lei.

Article 189 - Compensation for postponement of the process

The one who, with intention or fault, caused the postponement of the trial or forced execution,
through one of the acts provided for in art. 187 or 188, at the request of the interested party, may
be obliged by the court or, as the case may be, by the president of the enforcement court to pay
compensation for the material or moral damage caused by the delay.

Article 190 - Determination of the fine and compensation

The offense committed, the fine and the compensation are established by the court in front of
which the act was committed or, as the case may be, by the president of the enforcement court,
through an executive order, which is communicated to the obligee, if the measure was taken in
his absence. When the act consists in the formulation of a request in bad faith, the fine and the
compensation can be established either by the court before which the request was made, or by the
court that resolved it, when they are different.

Article 191 - Request for re-examination

(1) Against the conclusion provided for in art.

Copertine 190, the
Balcon & person
Terasă obliged to pay the fine or
compensation will only be able to make a request for re-examination, requesting, motivated, to
return to the fine or compensation or order its reduction.

Tentrom Paradise
(2) The request is made within 15 days, as the case may be, from the date on which the measure
was taken or from the date of notification of the termination.

(3) In all cases, the request is resolved, with the summoning of the parties, by conclusion, given in
the council chamber, by a panel other than the one that established the fine or compensation.

(4) The conclusion provided for in para. (3) is definitive.

BOOK II: Litigation procedure

TITLE I: Procedure before the first court

CHAPTER I: Referral to the court

SECTION 1 - General provisions

Article 192 - The right to refer the court

(1) In order to defend his legitimate rights and interests, any person can address the court by
submitting a summons request to the competent court. In the specific cases provided by the law,
the notification to the court can also be made by other persons or bodies.

(2) The process begins with the registration of the request at the court, under the conditions of
the law.

(3) The person who formulates the request to be sued is called the plaintiff, and the person being
sued is called the defendant.

Article 193 - Preliminary procedure

(1) Referral to the court can only be made after completing a preliminary procedure, if the law
expressly provides for this. Proof of completion of the preliminary procedure will be attached to
the summons request.

(2) Non-fulfillment of the preliminary procedure can only be invoked by the defendant by
appearance, under penalty of forfeiture.

(3) Upon notification of the court with the succession procedure debate, the plaintiff will submit a
conclusion issued by the public notary regarding the verification of the succession evidence
provided by the Civil Code. In this case, failure to fulfill the preliminary procedure will be invoked
by the court, ex officio, or by the defendant.

SECTION 2 - Application for summons

Article 194 - Contents of the summons request

The summons request will include:

a) the name and surname, domicile or residence of the parties or, for legal entities, their name
and headquarters. Also, the application will include the personal numerical code or, as the case
may be, the unique registration code or the fiscal identification code, the registration number in
the trade register or registration in the register of legal entities and the bank account of the
plaintiff, as well as of the defendant, if the parties possess or have been assigned these
identification elements according to the law, to the extent that they are known to the plaintiff.
The provisions of art. 148 para. (1) thesis II are applicable. If the plaintiff lives abroad, he will also
show the domicile chosen in Romania where all communications regarding the process will be
made to him;

b) the name, surname and quality of the person representing the party in the process, and in the
case of representation by a lawyer, his name, surname and professional office. The provisions of
art. 148 para. (1) thesis II are applicable accordingly. Proof of the quality of representative, in the
form provided for in art. 151, will join the request;

c) the object of the request and its value, after the

Copertine valuation
Balcon &ofTerasă
the claimant, when it is evaluable
in money, as well as the method of calculation by which this value was determined, with the
Customizabile: Mai multe
indication of the corresponding entries. For realCulori, dimensiuni,
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the provisions of art.de104.
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buildings, the city and county,Tentrom
the street and the number will be shown, and if not, the
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neighborhoods, the floor and the apartment, as well as, when the building is registered in the
land register, the land register number and the cadastral or topographical number, as the case
may be. The land book extract, showing the owner registered in the land book, issued by the
cadastre and real estate advertising office within the radius of which the building is located, will
be attached to the summons request.

d) showing the factual and legal grounds on which the request is based;

e) showing the evidence on which each end of the claim is supported. When the proof is made
through writings, the provisions of art. 150. When the plaintiff wants to prove his claim or any of
its parts by questioning the defendant, he will ask for his appearance in person, if the defendant
is a natural person. In cases where the law stipulates that the defendant will respond in writing to
the interrogation, it will be attached to the summons request. When proof with witnesses is
requested, the name, surname and address of the witnesses will be shown, the provisions of art.
148 para. (1) the second thesis being applicable accordingly;

f) signature.

Article 195 - Number of copies

The request for summons will be made in the number of copies established in art. 149 para. (1) .

Article 196 - Nullity of the request

(1) The request for summons that does not include the name and surname or, as the case may be,
the name of any of the parties, the object of the request, its factual reasons or the signature of the
party or its representative is null and void. The provisions of art. 200 are applicable.

(2) However, the lack of signature can be covered throughout the trial before the first court. If the
lack of signature is invoked, the claimant who is absent at that deadline will have to sign the
application at the latest at the first following deadline, being notified of this by summons. If the
plaintiff is present in court, he will sign the same in the session in which the nullity was invoked.

(3) Any other irregularity in connection with the signing of the summons will be rectified by the
plaintiff under the conditions stipulated in paragraph. (2) .

Article 197 - Stamping of the request

If the application is subject to stamping, the proof of payment of the due fees is attached to the
application. Non-stamping or insufficient stamping leads to the cancellation of the summons
request, under the law.

Article 198 - Accumulation of requests

Through the same request for summons, the plaintiff can formulate several main claims against
the same person, under the conditions of art. 99 para. (2) .

Article 199 - Registration of the request

(1) The summons request, submitted personally or by a representative, arrived by post, courier,
fax or scanned and transmitted by electronic mail or registered in electronic form, is registered
and receives a certain date by applying the entry stamp.

(2) After registration, the request and the documents accompanying it, to which are attached,
when necessary, the evidence regarding how they were sent to the court, are handed over to the
president of the court or the person designated by him, who will immediately take measures in
order to randomly establish the panel of judges, according to the law.

Article 200 - Verification of the request and its regularization

(1) The panel to which the case was randomly assigned verifies, immediately, if the request for
summons is within its jurisdiction and if it meets the requirements stipulated in art. 194-197.

(2) If the case is not within its jurisdiction,

Copertine the panel to which
Balcon the request was assigned orders, by
& Terasă
closing the date without summoning the parties, sending the file to the competent specialized
Customizabile: Culori, dimensiuni, mecanism Mai multe
panel or, as the case may be, to the competent specialized section of thedereferred
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court. Tentrom Paradise!
The
provisions regarding incompetence and conflicts
Tentrom Paradiseof competence are applied by analogy.


( From 16-Oct-2018 Art. 200, paragraph (2) of book II, title I, chapter I, section 2 see

(3) When the application does not meet the requirements stipulated in art. 194-197, the applicant
will be notified in writing of the deficiencies, with the mention that, within no more than 10 days
from the receipt of the communication, he must make the requested additions or changes, under
penalty of cancellation of the application. The obligation to appoint a common representative is
exempted from this sanction, in which case the provisions of art. 202 para. (3) .

(4) If the obligations regarding the completion or modification of the application provided for in
art. 194 lit. a) -c), d) only in the case of factual motivation and f), as well as art. 195-197 are not
fulfilled within the term stipulated in par. (3) , the cancellation of the request is ordered by the
conclusion.

( From 21-Dec-2018 Art. 200, paragraph (4) of book II, title I, chapter I, section 2 amended by

(41) The plaintiff cannot be asked to complete or modify the summons request with data or
information that he does not personally have and for obtaining which court intervention is
necessary.

( From 21-Dec-2018 Art. 200, paragraph (4) of book II, title I, chapter I, section 2 supplemented

(5) Against the annulment decision, the plaintiff will only be able to make a request for re-
examination, requesting a reasoned reconsideration of the annulment measure.

(6) The request for re-examination is made within 15 days from the date of communication of the
conclusion.

(7) The request is resolved by a final decision given in the council chamber, with the summons of
the plaintiff, by another panel of the respective court, appointed by random distribution, which
will be able to revert to the annulment measure if it was erroneously ordered or if the
irregularities have were removed within the period granted according to para. (3) .

(8) In case of admission, the case is sent back to the panel originally invested.

Article 201 - Fixing the first trial term

(1) The judge, as soon as he finds that the conditions stipulated by the law for the request for
summons are met, orders, by resolution, its communication to the defendant, noting that he has
the obligation to file an appearance, under the penalty of provided by law, which will be expressly
indicated, within 25 days from the communication of the summons request, under the conditions
of art. 165.

(2) The summons is immediately communicated to the plaintiff, who can submit a response to
the summons within 10 days from the communication. The defendant will take note of the
response to the summons from the case file.


(3) Within 3 days from the date of submission of the summons, the judge fixes by resolution the
first trial term, which will be no more than 60 days from the date of the resolution, ordering the
parties to be summoned.

( From 21-Dec-2018 Art. 201, paragraph

Copertine (3) ofBalcon
book II, title I, chapter I, section 2 amended by
& Terasă

(4) In the event that the defendantTentrom Paradise

has not filed an appearance within the term stipulated in para.
(1) , on the expiration date of the respective term, the judge fixes by resolution the first trial term,
which will be no more than 60 days from the date of the resolution, ordering the parties to be
summoned.


(5) In urgent processes, the terms stipulated in para. (1) -(4) can be reduced by the judge
depending on the circumstances of the case.

(6) If the defendant resides abroad, the judge will set a longer, reasonable term, in relation to the
circumstances of the case. The citation will be made in compliance with the provisions of art. 156.

Article 202 - Judicial representation of the parties in case of procedural co-participation

(1) In the processes in which, under the conditions of art. 59, there are more plaintiffs or
defendants, the judge, taking into account the very large number of them, the need to ensure the
normal development of the judicial activity, respecting the rights and legitimate interests of the
parties, may order, by resolution, the representation them through the agent and the fulfillment
of the procedure of communication of procedural documents only in the name of the agent, at his
domicile or headquarters.

(2) Representation will be done, as the case may be, through one or more attorneys, individuals
or legal entities, in compliance with the provisions regarding judicial representation.

(3) The evidence of the mandate will be submitted by the plaintiffs within the term stipulated in
art. 200 para. (3) , and by the defendants, together with the reception. If the parties do not
choose a trustee or do not agree on the person of the trustee, the judge will appoint, by closing, a
special curator, under the conditions of art. 58 para. (3) , who will ensure the representation of
the plaintiffs or, as the case may be, the defendants and to whom the procedural documents will
be communicated. The appointment of the curator is communicated to the parties, who will bear
the expenses regarding his remuneration.

Article 203 - Measures for trial preparation

(1) The judge, subject to the debate at the first term of the trial, if requested by the subpoena
request, will be able to order the summoning of the defendant for questioning, other measures for
the administration of evidence, as well as any other measures necessary for the development of
the process according to the law.

(2) Under the conditions of the law, security measures, as well as measures for the securing of
evidence, may be approved by means of an executive order.

Article 204 - Modification of the summons request

(1) The plaintiff can amend his claim and propose new evidence, under the penalty of forfeiture,
only up to the first term to which he is legally cited. In this case, the court orders the adjournment
of the case and the communication of the amended request to the defendant, in order to
formulate the appearance, which, under penalty of forfeiture, will be filed at least 10 days before
the fixed term, to be investigated by the plaintiff in the case file.

(2) However, no deadline will be given, but the verbal statements made in court will be passed at
the end of the session when:

1. correct the material errors in the content of the request;

2. the claimant increases or decreases the amount of the object of the request;

3. the counter value of the object of the request, lost or destroyed during the process, is
requested;

4. a request for confirmation is replaced by a request for realization of the right or vice versa,
when the request for confirmation is admissible.

(3) Modification of the request for summons beyond

Copertine Balconthe term stipulated in para. (1) can only take
& Terasă
place with the express consent of all parties.

SECTION 3 - Reception Tentrom Paradise
Article 205 - The purpose and content of the reception

(1) The appearance is the procedural document by which the defendant defends himself, in fact
and in law, against the summons request.

(2) The reception will include:

a) the name and surname, personal code, domicile or residence of the defendant or, for legal
entities, the name and headquarters, as well as, as the case may be, the unique registration code
or fiscal identification code, registration number in the trade register or registration in the
register of legal entities and the bank account, if the plaintiff did not mention them in the
summons application. The provisions of art. 148 para. (1) thesis II are applicable accordingly. If
the defendant lives abroad, he will also show his chosen domicile in Romania, where all
communications regarding the trial will be made to him;

b) the procedural exceptions that the defendant invokes against the claimant's request;

c) the answer to all claims and factual and legal grounds of the request;

d) the evidence with which they defend themselves against each part of the request, the
provisions of art. 194 lit. e) being applicable accordingly;

e) signature.

Article 206 - Communication of the reception

(1) The reception is communicated to the plaintiff, if the law does not provide otherwise.

(2) At the reception, the same number of certified copies of the documents on which they are
based, as well as a row of copies for the court, will be added. The provisions of art. 149 para. (1),
(3) and (4) and of art. 150 are applicable.

Article 207 - The common reception

When there are several defendants, they can answer together, all or only a part of them, through a
single presentation.

Article 208 - Penalty for not submitting the appearance

(1) Attendance is mandatory, except in cases where the law expressly provides otherwise.

(2) Failure to submit the appearance within the term stipulated by the law entails the forfeiture of
the defendant's right to propose further evidence and to invoke exceptions, apart from those of
public order, if the law does not provide otherwise.

SECTION 4 - Counterclaim

Article 209 - Concept and conditions

(1) If the defendant has, in relation to the plaintiff's claim, claims deriving from the same legal
relationship or closely related to it, he can formulate a counterclaim.

(2) In the event that the claims formulated by the counterclaim concern other persons than the
plaintiff, they may be sued as defendants.

(3) The request must meet the conditions stipulated for the request for summons.

(4) The counterclaim is submitted, under penalty of forfeiture, together with the appearance or, if
the defendant is not obliged to appear, at the latest at the first term of the trial.

(5) The counterclaim is communicated

Copertineto the plaintiff
Balconand, & as the case may be, to the persons
Terasă
provided in paragraph (2) to express welcome. The provisions of art. 201 is applied accordingly.

Tentrom
(6) When the plaintiff has modified his Paradise
request for summons, the counterclaim will be filed no
later than the deadline agreed to by the defendant for this purpose, the provisions of para. (5)
being applicable.

(7) The plaintiff cannot formulate a counterclaim to the counterclaim of the initial defendant.

Article 210 - Severance of the counterclaim

(1) The counterclaim is judged together with the main claim.

(2) If only the main claim is able to be tried, the court can order the separate trial of the
counterclaim. However, dissociation cannot be ordered in the specific cases provided by law or if
the trial of both requests is required for the unitary resolution of the process.

CHAPTER II: Judgment


Article 211 - Purpose of judging the process

The panel of judges, constituted according to the law, carries out the research activity and the
debate on the merits of the trial, in compliance with all procedural principles and guarantees,
with a view to its legal and thorough solution

Article 212 - Place of trial

The judgment of the trial takes place at the seat of the court, if the law does not order otherwise.

Article 213 - Conducting the process without the presence of the public

(1) In cases where the investigation of the process or the debate of the substance in the public
session would affect morality, public order, the interests of minors, the private life of the parties
or the interests of justice, as the case may be, the court, at the request or ex officio, may order that
they takes place in whole or in part without the presence of the public.

(2) In the cases provided for in para. (1) , the parties, their representatives, those who assist
minors, defense counsel, witnesses, experts, translators, interpreters, as well as other persons
whom the court, for valid reasons, admits to attend the trial, have access to the courtroom .

( From 21-Dec-2018 Art. 213 of book II, title I, chapter II, section 1 amended by Art. I, point 28.
of Law 310/2018 )

Article 214 - Continuity of the court

(1) The panel members judging the trial must remain the same throughout the trial.

(2) In cases where, for valid reasons, a judge is prevented from participating in the resolution of
the case, he will be replaced in accordance with the law.

(3) If the replacement provided for in para. (2) took place after the parties were given the floor,
the case is put back on the docket.

Article 215 - Order of trial

(1) For each court session, a list will be drawn up with the cases being debated that day, which
will be displayed on the court portal and at the door of the courtroom at least one hour before it
starts. The list will also include the indicative time intervals fixed for calling the cases. The
provisions of art. 220 are applicable.

(2) The processes declared urgent, those that remained in disagreement and those that received
further deadlines will be debated before the others.

(3) Processes in which the party or parties are represented or assisted by a lawyer, respectively a
legal advisor, will be debated with priority.

(4) At the request of the interested party, for valid reasons, the judge can change the order on the
list. Tentrom Paradise

Article 216 - Attributions of the president of the trial panel

(1) The president of the panel presides over the court session. He opens, suspends and adjourns
the meeting.

(2) The president gives the floor first to the plaintiff, then to the defendant, as well as to the other
parties in the process, depending on their procedural position. The representative of the Public
Ministry will speak last, except in the case when the action started. Other persons or bodies
participating in the process will be given the floor within the limits of their rights in the process.

(3) If necessary, the president can give the floor to the parties and the other participants, in the
same order, several times.

(4) The President can limit the intervention of each party in time. In this case, he must consider
the time available to the parties, before giving the floor.

(5) The judges or the parties can ask questions to the other participants in the trial only through
the mediation of the president, who can, however, approve that they ask the questions directly.
The order in which the questions are asked is established by the president.

Article 217 - Court hearing police

(1) The president of the trial panel exercises the police of the hearing, being able to take measures
to preserve order and propriety, as well as the solemnity of the hearing.

(2) If there is no more room in the meeting room, the president can ask those who would come
later or who exceed the number of existing seats to leave the room.

(3) No one can be allowed to enter the courtroom with weapons, except for the case in which he
carries them in the exercise of the service he performs in front of the court.

(4) The persons who take part in the meeting are obliged to behave and dress appropriately.

(5) Those who address the court in the public session must stand, but the president can approve,
when he deems it necessary, exceptions to this obligation.

(6) The president draws the attention of the party or any other person who disturbs the meeting
or disregards the measures taken to respect order and decency, and in case of need orders their
removal.

(7) Minors may also be removed from the hall, as well as persons who appear in indecent attire.

(8) If before the closing of the debates one of the parties was removed from the room, it will be
called to the room so that the essential acts performed in its absence can be presented. These
provisions do not apply if the remote party is assisted by a defender who remained in the room.

(9) When the person who disturbs the peace of the session is the party's defender himself, the
president will call him to order and, if, due to his attitude, the continuation of the debates is no
longer possible, the trial will be postponed, applying the judicial fine provided for in art. . 187
para. (1) point 2, and the expenses caused by the postponement will be transferred to his charge,
by executive order, the provisions of art. 191 being applicable.

Article 218 - Court crimes

(1) If a crime is committed during the session, the president notes it and identifies the
perpetrator. The written report is sent to the prosecutor.

(2) The court can, under the conditions of the criminal law, order the detention of the
perpetrator.

Article 219 - Checks regarding the presentation of the parties


(1) The court verifies the identity of the parties,

Copertine and if they
Balcon are represented or assisted, it also
& Terasă
verifies the power of attorney or the quality of those who represent or assist them.

(2) If the parties do not respond Tentrom Paradise

to the appeal, the court will check whether the subpoena
procedure has been completed and, as the case may be, proceed, in accordance with the law, to
postpone, suspend or judge the trial.

Article 220 - Adjournment of the case when it is not ready for trial

The parties can ask the court, at the beginning of the session, to postpone the cases that are not in
a state of judgment, if these requests do not cause debates. When the panel of judges is made up
of several judges, this postponement can also be done by a single judge.

Article 221 - Adjournment of the judgment by the consent of the parties

(1) Adjournment of the judgment based on the consent of the parties can only be approved once
during the trial.

(2) After such adjournment, if the parties do not stand trial, it will be suspended and the case will
be reinstated only after the payment of stamp duties, according to the law.

(3) The court is obliged to investigate whether the postponement requested by the parties for a
certain reason does not tend to a postponement by the consent of the parties; the postponement
request to which the other party could oppose is considered as such.

Article 222 - Adjournment of judgment for lack of defense

(1) Adjournment of the judgment for lack of defense can be ordered, at the request of the
interested party, only exceptionally, for well-grounded reasons that are not attributable to the
party or its representative.

(2) When the court refuses to postpone the trial for this reason, it will postpone, at the party's
request, the ruling in order to submit written conclusions.

Article 223 - Judgment of the case in the absence of the legally summoned party

(1) The absence of the legally summoned party cannot prevent the trial of the case, unless the law
provides otherwise.

(2) If at any term fixed for the trial only one of the parties appears, the court, after examining all
the documents in the file and listening to the arguments of the present party, will rule on the
basis of the evidence provided, examining also the exceptions and defenses of the missing party .

(3) The provisions of para. (1) and (2) shall also be applied in the event that both parties are
absent, even though they have been legally summoned, if at least one of them has requested in
writing to judge the case in absentia.

Article 224 - Discussion of requests and exceptions

The court is obliged, in any process, to discuss with the parties all requests, exceptions, factual
circumstances or legal grounds presented by them, according to the law, or invoked ex officio.

Article 225 - Use of translator and interpreter

(1) When one of the parties or the persons to be heard does not know the Romanian language, the
court will use an authorized translator. If the parties agree, the judge or clerk can act as
translator. In the event that the presence of an authorized translator cannot be ensured, the
provisions of art. 150 para. (4) .

(2) If one of the persons provided for in para. (1) is mute, deaf or deaf-mute or, for any other
reason, cannot express himself, communication with him will be done in writing, and if he cannot
read or write, an interpreter will be used.

(3) The provisions regarding experts are also applied accordingly to translators and interpreters.

Article 226 - Listening to minors

If, according to the law, a minor is to be heard, the hearing will be done in the council room. Mai multe
Taking into account the circumstances of the trial, the court decides whether the parents,
guardian or other persons will beTentrom
presentParadise
at the hearing of the minor.

Article 227 - The personal appearance of the parties for the amicable settlement of the dispute

(1) Throughout the process, the judge will try to reconcile the parties, giving them the necessary
instructions, according to the law. For this purpose, he will request the personal appearance of
the parties, even if they are represented. The provisions of art. 241 para. (3) are applicable.

(2) In disputes which, according to the law, can be subject to the mediation procedure, the judge
can invite the parties to participate in an information session regarding the advantages of using
this procedure. When he considers it necessary, taking into account the circumstances of the case,
the judge will recommend the parties to resort to mediation, in order to resolve the dispute
amicably, at any stage of the trial. Mediation is not binding on the parties.

(3) If the judge recommends mediation, the parties will appear before the mediator, in order to
inform them about the advantages of mediation. After being informed, the parties decide whether
or not to accept the settlement of the dispute through mediation. Until the term fixed by the
court, which cannot be shorter than 15 days, the parties submit the minutes drawn up by the
mediator regarding the result of the information session.

(4) The provisions of para. (3) are not applicable if the parties tried to resolve the dispute through
mediation before the action was initiated.

(5) If, under the conditions of para. (1) or (2), the parties reconcile, the judge will note their
consent in the content of the decision he will give. The provisions of art. 440 are applicable.

Article 228 - Impossibility and refusal to sign

When the person obliged to sign a procedural act cannot or refuses to sign, the corresponding
mention is made in that act, under the signature of the president and the clerk.

Article 229 - Term in notice

(1) The party who filed the request in person or through a representative and took notice of the
term, as well as the party who was present at a court term, personally or through a legal or
conventional representative, even if not empowered with the right to know the term , will not be
cited throughout the trial at that court, considering that she knows the subsequent trial terms.
These provisions are also applicable to the party who, personally or through a legal or
conventional representative or through the official or the person in charge of receiving the
correspondence, was handed the summons for a trial term, considering that, in this case, he also
knows the terms of subsequent judgment to the one for whom the summons was served.

(2) The provisions of para. (1) does not apply:

1. in the case of resuming the trial, after it was suspended;

2. in case the process is put back on the roll;

3. when the party is called to the interrogation, except for the case where he was present at his
consent, when the deadline for taking it was established;

4. when, for good reasons, the court ordered that the party be summoned at each term;

5. in case the court of appeal or appeal sets a deadline for the retrial of the merits of the case after
the annulment of the decision of the first court or after the annulment with remand.

(3) The garrisoned soldiers are summoned at each term.

(4) Detainees are also summoned at each term.

Article 230 - Change of term

The trial term can only be changed for good reasons, ex officio or at the request of any of the
parties. The panel invested with judging the case decides in the council chamber, without
summoning the parties. The parties Copertine Balconimmediately
will be summoned & Terasă for the new fixed term. The
Customizabile:
provisions of art. 241 para. (3) are applicable. Culori, dimensiuni, mecanism de strângere. Alege Tentrom Paradise! Mai multe

Tentrom Paradise
Article 231 - Meeting notes. Recording the session

(1) The clerk who participates in the meeting is obliged to take notes regarding the progress of the
process. The parties can request the reading of the notes and, if necessary, their correction.

( From 21-Dec-2018 Art. 231, paragraph (1) of book II, title I, chapter II, section 1 amended by

(2) After the court session is over, the trial participants receive, upon request, a copy of the clerk's
notes.

(3) The notes of the clerk can be contested at the latest at the following term.

(4) The court will record the court hearings.


(5) The court will issue, upon request, an electronic copy of the court session recording:

a) the parties, at their expense, regarding their case;

b) the prosecutor, for the case in which he participates.


(6) The recordings from the court session may also be requested by the courts of judicial review.

Article 232 - Drafting of the closing of the meeting

(1) On the basis of the meeting notes, and if applicable, of the recordings made, the clerk draws
up the conclusion of the meeting.

(2) The conclusion is drawn up by the clerk in no more than 3 days from the date of the court
hearing.

Article 233 - Contents of the closing of the meeting

(1) For each court session, a conclusion is drawn up, which will include the following:

a) the name of the court and the file number;

b) the date of the court hearing;

c) the name, surname and quality of the members of the trial panel, as well as the name and
surname of the clerk;

d) the name and surname or, as the case may be, the names of the parties, the names and
surnames of the persons who represent or assist them, of the defenders and the other persons
called to the trial, showing their quality, as well as if they were present or absent;

e) the name and surname of the prosecutor and the prosecutor's office to which he belongs, if he
participated in the meeting;

f) if the subpoena procedure was legally completed;

g) the object of the process;

h) the tests that were administered;

i) the requests, statements andCopertine

brief presentation
Balcon of the
& parties'
Terasă arguments, as well as the
prosecutor's conclusions, if he participated in the meeting;

Tentrom
j) the solution given and the measures Paradise
taken by the court, with the reasons, in fact and in law;

k) the right of appeal and the deadline for exercising it, when, according to the law, the
conclusion can be appealed separately;

l) if the trial took place in a public session, without the presence of the public or in the council
chamber;

m) signature of the panel members and the clerk.

(2) The conclusion must show how the meeting was conducted, including, if necessary, mentions
of what was recorded in separate minutes.

(3) If the decision is pronounced on the day when the debates took place, the conclusion of the
meeting is not drawn up, the mentions provided in para. (1) and (2) being done in the
introductory part of the decision.

Article 234 - Applicable rules

(1) The provisions regarding the deliberation, separate opinion, as well as any other provisions
regarding the decisions by which the court disinvests itself from judging the merits of the request
shall be applied accordingly to the closings.

(2) In case the conclusions pronounced by the court during the trial are subject to appeal or, as
the case may be, appeal separate from the decision on the merits, the file is submitted to the
higher court in a copy certified by the registry of the court whose conclusion is challenged.

(3) If an appeal is declared or, as the case may be, an appeal against a decision regarding which
there is a litigious issue on the admissibility of attacking the decision separately, the request for
exercising the right of appeal is submitted to the superior court together with a copy of the
challenged conclusion, certified by the court registry. If the court of judicial review finds that the
appeal is admissible, it will ask the court that issued the appealed decision to forward the case
file, under the conditions of para. (2) .

Article 235 - Preparatory and interlocutory conclusions

The court is not bound by the preliminary conclusions of a preparatory nature, but only by the
interlocutory ones. Interlocutory conclusions are those through which, without deciding
everything on the process, procedural exceptions, procedural incidents or other litigious issues
are resolved.

Article 236 - Scope

The provisions of this section apply both to the trial investigation and to the substantive debate of
the case.

SECTION 2 - Process research

SUBSECTION 1 - Common provisions

Article 237 - The purpose and content of the trial investigation

(1) In the research stage of the process, procedural documents are completed, under the
conditions of the law, at the request of the parties or ex officio, for the preparation of the debate
on the merits of the process, if necessary.

(2) In order to achieve the purpose provided for in para. (1) , the court:

1. will solve the exceptions that are invoked or that can be raised ex officio;

2. will examine requests for intervention made by parties or third parties, under the conditions of
the law;

3. will examine each claim andCopertine

defense separately,
Balcon based on the request for summons, the
& Terasă
appearance, the response to the appearance and the explanations of the parties, if applicable;

Tentrom
4. will ascertain which of the claims Paradise and which are disputed;
are recognized

5. upon request, he will order, under the conditions of the law, security measures, measures to
secure evidence or to establish a factual situation, if these measures have not been taken, in whole
or in part, according to art. 203;

6. will take note of the plaintiff's resignation, the defendant's acquisition or the parties'
transaction;

7. will approve the evidence requested by the parties, which it finds conclusive, as well as those
which, ex officio, it considers necessary for judging the trial and will administer them in
accordance with the law;

8. will decide in relation to any other requests that can be formulated at the first court term at
which the parties are legally summoned;

9. will order that the parties present proof of verifications in the record or publicity registers
provided for by the Civil Code or special laws;

10. will perform any other procedural act necessary to resolve the case, including checks in the
registers provided by special laws.

Article 238 - Estimation of the duration of the trial investigation

(1) At the first court term at which the parties are legally summoned, the judge, after listening to
the parties, will estimate the duration necessary for investigating the trial, taking into account the
circumstances of the case, so that the trial will be resolved in an optimal and predictable period.
The duration thus estimated will be recorded at the end.

(2) For good reasons, after listening to the parties, the judge will be able to reconsider the
duration provided for in paragraph. (1) .

Article 239 - Choice of evidence administration procedure

The judge, at the first court term at which the parties are legally summoned, points out to them, if
they are represented or assisted by a lawyer, that they can agree that the evidence be
administered by their lawyers, under the conditions of art. 366-388. The provisions of art. 238
are applicable.

Article 240 - Place of investigation of the trial

The investigation of the process takes place in a public meeting, with the summoning of the
parties, if the law does not provide otherwise. The provisions of art. 154 are applicable.

( From 21-Dec-2018 Art. 240 of book II, title I, chapter II, section 2, subsection 1 amended by

Article 241 - Speed assurance

(1) For the investigation of the process, the judge sets short deadlines, even from one day to the
next. The provisions of art. 229 are applicable.

(2) If there are valid reasons, longer terms can be granted than those provided in paragraph. (1) .

(3) The judges will order the verification of the execution of the subpoena and communication
procedures arranged for each term. When necessary, the court will order measures to restore
these procedures. In addition to these measures, the court will be able to order that the
notification of the parties be done by telephone, telegraph, fax, e-mail or any other means of
communication that ensures, as the case may be, the transmission of the text of the act subject to
communication or the notice for presentation on time , as well as the confirmation of the receipt
of the document, respectively the notice, if the parties have indicated to the court the appropriate
data for this purpose. If the acquaintance was made by telephone, the clerk will draw up a report
in which he will show the way of acquaintance and its object.

(4) The judge can establish forCopertine

the parties, as well as for
Balcon other participants in the process,
& Terasă
obligations regarding the presentation of written evidence, written reports, the written answer to
Mai multe
the interrogatory communicatedCustomizabile: Culori,
according to art. 355,dimensiuni,
assistancemecanism de strângere.
and participation in theAlege Tentrom Paradise!
timely
performance of expertise, as wellTentrom
as any other steps necessary to resolve the case.
Paradise

(5) When it is necessary for the fulfillment of the duties stipulated in para. (4), the parties,
experts, translators, interpreters, witnesses and any other participants in the process may be
notified according to para. (3) .

Article 242 - Suspension of the trial of the case

(1) When he finds that the normal course of the process is hindered due to the fault of the
plaintiff, by not fulfilling the obligations established during the trial, according to the law, the
judge can suspend the trial, showing at the end which specific obligations were not respected. The
provisions of art. 189 are applicable.

(2) At the party's request, the trial will be resumed if the obligations referred to in par. (1) have
been fulfilled and, according to the law, this can continue.

Article 243 - Circumstances that put an end to the process

If, during the investigation of the trial, the plaintiff waives the trial of the request for summons or
the claimed right, the consent of the parties intervenes, or requests or exceptions are admitted
that put an end to the trial in its entirety, without the need for a debate on the merits in the
chamber. of the council or in a public meeting, the judge will rule on the case by decision.

Article 244 - Completion of the trial investigation

(1) When the judge considers himself to be clear, he declares the investigation of the trial
concluded and can fix another term for the debate of the merits, ex officio or at the request of the
parties.

(2) In the event that the debate on the merits was ordered at another term, the judge may ask the
parties to draft notes regarding their arguments and submit them to the file at least 5 days before
the term established according to para. (1), without prejudice to their right to formulate oral
conclusions.

( From 21-Dec-2018 Art. 244 of book II, title I, chapter II, section 2, subsection 1 amended by

SUBSECTION 2 - Procedural exceptions

Article 245 - Notion

The procedural exception is the means by which, under the conditions of the law, the interested
party, the prosecutor or the court invokes, without questioning the substance of the law,
procedural irregularities regarding the composition of the panel or the constitution of the court,
the competence of the court or the trial procedure or deficiencies regarding the right to action
following, as the case may be, the refusal of jurisdiction, the postponement of the judgment, the
restoration of some documents or the cancellation, rejection or expiration of the request.

Article 246 - Absolute and relative exceptions

(1) Absolute exceptions are those that invoke the violation of public order norms.

(2) The relative exceptions are those that invoke the violation of some rules that primarily protect
the interests of the parties.

Article 247 - Summons

(1) Absolute exceptions can be invoked by the party or the court in any state of the process, if the
law does not provide otherwise. They can be raised before the court of appeal only if, for the
solution, it is not necessary to provide evidence other than the new records.

(2) The relative exceptions can be invoked by the party that justifies an interest, at the latest at
the first term of judgment after committing the procedural irregularity, at the stage of the
Copertine
investigation of the process and before Balcon
conclusions are made& on
Terasă
the merits.

Tentrom
(3) However, the parties are obliged Paradise
to invoke all means of defense and all procedural exceptions
as soon as they are known. Otherwise, they will be responsible for the damages caused to the
other party, the provisions of art. 189-191 being applicable.

Article 248 - Resolution procedure

(1) The court will first rule on the exceptions to the procedure, as well as on those on the merits
that render useless, in whole or in part, the administration of evidence or, as the case may be, the
substantive investigation of the case.

(2) In case several exceptions were invoked simultaneously, the court will determine the order of
settlement depending on the effects they produce.

(3) If the court cannot rule immediately on the invoked exception, it will postpone the trial and
establish a short term in order to resolve the exception.

(4) Exceptions will be able to be combined with the administration of evidence, respectively with
the merits of the case only if for their judgment it is necessary to administer the same evidence as
for the completion of the research stage of the trial or, as the case may be, for the resolution of the
merits.

(5) The conclusion by which the exception was rejected, as well as the one by which, after
admitting the exception, the court remained vested can be challenged only together with the
merits, if the law does not provide otherwise.

SUBSECTION 3 - Evidence

SUBSECTION 31 - A§1. General dispositions

Article 249 - Burden of proof

The one who makes a claim during the trial must prove it, except in the specific cases provided by
law.

Article 250 - Object of proof and means of proof

The proof of a legal act or a fact can be done through documents, witnesses, presumptions, the
confession of one of the parties, made on their own initiative or obtained during interrogation,
through expertise, through material means of evidence, through on-site research or through any
other means provided by law.

Article 251 - Lack of duty to prove

No one is required to prove what the court is required to take cognizance of ex officio.

Article 252 - Obligatory knowledge ex officio

(1) The court must take cognizance ex officio of the law in force in Romania.

(2) Texts that are not published in the Official Gazette of Romania or in another specific way
provided by law, conventions, treaties and international agreements applicable in Romania,
which are not integrated into a legal text, as well as customary international law must be proven
by the interested party.

(3) The normative provisions contained in classified documents can be proven and consulted only
under the conditions provided by law.

Article 253 - The possibility of ex officio knowledge

The court can take cognizance ex officio of the law of a foreign state, provided that it is invoked.
The proof of the foreign law is made according to the provisions of the Civil Code regarding the
content of the foreign law.

Article 254 - Proposal of evidence. The role of the

Copertine court
Balcon & Terasă

Mai multe
(1) The evidence is proposed, under penalty of forfeiture, by the plaintiff through the subpoena
Tentromappearance,
request, and by the defendant through Paradise if the law does not provide otherwise. They
can also be proposed orally, in the specific cases provided by law.

(2) The evidence that was not proposed under the conditions of para. (1) will no longer be able to
be requested and approved during the process, except in cases where:

1. the need for evidence results from the amendment of the request;

2. the need for the administration of evidence emerges from the judicial investigation and the
party could not foresee it;

3. the party informs the court that, for thoroughly justified reasons, it could not propose the
required evidence within the deadline;

4. the administration of the evidence does not lead to the postponement of the judgment;

5. there is the express agreement of all parties.

(3) In the cases provided for in para. (2), the opposing party has the right to counter evidence
only on the same aspect for which the invoked evidence was accepted.

(4) In case of postponement, for the reasons provided in para. (2) , the party is obliged, under
penalty of forfeiture of the right to administer the approved evidence:

a) to submit the list of witnesses within 5 days from the approval of the evidence, when the
evidence with witnesses is requested;

b) to submit certified copies of the documents cited at least 5 days before the deadline set for the
trial, if the evidence with documents was approved;

c) to submit the interrogation within 5 days from the acceptance of this evidence, in cases where
the interrogation must be communicated, according to the law;

d) to submit proof of payment of the expenses necessary for the expertise, within 5 days from the
appointment of the expert or within the term established by the court according to the provisions
of art. 331 para. (2) , if the expert evidence was approved.

(5) If the proposed evidence is not sufficient for the full clarification of the process, the court will
order that the parties complete the evidence. Also, the judge can, ex officio, discuss with the
parties the need to administer other evidence, which he can order even if the parties object.

(6) However, the parties cannot invoke in appeals the omission of the court to order ex officio
evidence that they did not propose and administer in accordance with the law.

Article 255 - Admissibility of evidence

(1) The evidence must be admissible according to the law and lead to the resolution of the trial.

(2) If a certain fact is publicly known or undisputed, the court will be able to decide, taking into
account the circumstances of the case, that it is no longer necessary to prove it.

(3) Customs, deontological rules and established practices between the parties must be proven,
under the conditions of the law, by the one who invokes them. Regulations and local regulations
must be proven by the person who invokes them only at the request of the court.

(4) At the request of the court, the competent authorities are obliged to communicate to it, within
the established term, all the requested information, documents or regulations.

Article 256 - Conventions on evidence

Conventions on the admissibility, object or burden of evidence are valid, with the exception of
those that concern rights that the parties cannot dispose of, those that make it impossible or
Copertine
difficult to prove legal acts or facts Balcon
or, as the case may be,&they
Terasă
go against public order or good
morals. Customizabile: Culori, dimensiuni, mecanism de strângere. Alege Tentrom Paradise! Mai multe

Tentrom Paradise
Article 257 - Giving up the test

(1) When one party waives the proposed evidence, the other party may appropriate it.

(2) The court can order ex officio administration of the evidence that was waived.

Article 258 - Acceptance of evidence

(1) Evidence can only be accepted if the requirements stipulated in art. 255, except when there is
a danger that they will be lost due to delay.

(2) The conclusion by which the evidence is accepted will show the facts that will have to be
proven, the means of evidence accepted, as well as the obligations of the parties in connection
with their administration.

(3) The court may limit the number of proposed witnesses.

Article 259 - Returning to approved evidence

The court can go back on some approved evidence if, after the administration of other evidence, it
considers that the administration of any of them is no longer necessary. However, the court is
obliged to put this circumstance in the discussion of the parties.

Article 260 - Administration of evidence

(1) The administration of evidence will be done in the order established by the court.

(2) Evidence will be administered, when possible, at the same meeting in which they were
approved. A deadline will be set for the administration of the other evidence, taking at the same
time the necessary measures for the presentation of witnesses, the performance of expertise, the
bringing of documents and any other means of evidence.

(3) The evidence will be administered before the debates on the merits begin, unless the law
provides otherwise.

(4) Evidence and counter-evidence will be administered, when possible, in the same session.

(5) If an on-site investigation has been ordered, this will be carried out, when necessary, before
the administration of the other evidence.

(6) When the evidence with witnesses was approved under the conditions provided for in art. 254
para. (2) , contrary evidence will be requested, under penalty of forfeiture, in the same meeting, if
both parties are present.

(7) The party that was absent at the approval of the evidence is obliged to request the contrary
evidence at the next meeting, and in case of obstruction, at the first deadline when it appears.

Article 261 - Place of evidence administration

(1) The administration of the evidence is done in front of the notified court, in public session, if
the law does not provide otherwise.

( From 21-Dec-2018 Art. 261, paragraph (1) of book II, title I, chapter II, section 2, subsection
3^1 amended by Art. I, point 32. of Law 310/2018 )

(2) If, for objective reasons, the administration of the evidence can only be done outside the
locality of the court's residence, this can be done by rogatory commission, by a court of the same
rank or even lower in rank, if in that locality there is no court of the same degree. If the type of
evidence allows and the parties agree, the court administering the evidence can be exempted
from summoning the parties.

(3) When the court that received the rogatory commission finds that the administration of the
evidence is to be done in the jurisdiction of another court, it will submit, administratively, the
request for rogatory commissionCopertine Balcon
to the competent court, & Terasă this to the court from
communicating
which it received the assignment.Customizabile: Culori, dimensiuni, mecanism de strângere. Alege Tentrom Paradise! Mai multe

Tentrom Paradise
(4) The court entrusted with the rogatory commission will proceed with the administration of the
evidence in the presence of the parties or, even in their absence, if they have been legally
summoned, having the same powers as the notified court, in terms of the procedure to be
followed.

(5) After the administration of the evidence by rogatory commission has been carried out, the
notified court, if necessary, will set, ex officio, a term for the continuation of the investigation of
the trial or, as the case may be, for the debate on the merits.

Article 262 - Expenses necessary for the administration of evidence

(1) When the administration of the approved evidence requires expenses, the court will suggest to
the party who requested it to submit to the registry office, immediately or within the term set by
the court, proof of the payment of the amount established to cover them.

(2) In cases where the evidence was ordered ex officio or at the request of the prosecutor in the
process initiated by him under the conditions provided for in art. 92 para. (1) , the court will
establish, by conclusion, the costs of administering the evidence and the party that must pay
them, being able to charge them to both parties.

(3) Failure to deposit the amount provided for in para. (1) within the fixed term, it entails the
forfeiture of the party's right to administer the approved evidence before that court.

(4) Depositing the amount provided for in para. (1) it will be possible to do it even after the
deadline, if this does not postpone the judgment.

(5) The provisions of para. (1) -(4) also applies if the evidence is administered by rogatory
commission.

Article 263 - The situation of the deceased party

- The party deprived of the right to administer evidence will still be able to defend itself,
discussing in fact and in law the validity of the claims and evidence of the opposing party.

Article 264 - Assessment of evidence

(1) The court will examine the administered evidence, each separately and all of them as a whole.

(2) In order to establish the existence or non-existence of the facts for the proof of which the
evidence was accepted, the judge freely assesses them, according to his conviction, except when
the law establishes their probative power.

SUBSECTION 32 - A§2. Proof with inscriptions

SUBSECTION 32^1 - I. General provisions


The record is any writing or other recording that includes data about a legal act or fact, regardless
of its material support or the method of preservation and storage.

Article 266 - Entries on computer support

The entry on computer support is admitted as evidence under the same conditions as the entry on
paper support, if it meets the conditions provided by law.

Article 267 - Entries in electronic form

Entries made in electronic form are subject to the provisions of the special law.

Article 268 - The role of the signature

(1) The signature of a documentCopertine

gives full belief, until proven
Balcon otherwise, about the existence of
& Terasă
the consent of the party who signed it with regard to its content. If the signature belongs to a
Customizabile: Culori, dimensiuni, mecanism of
dethe
strângere. Mai multe
public official, it confers authenticity to that inscribed, under the conditions law. Alege Tentrom Paradise!

Tentrom Paradise
(2) When the signature is electronic, it is only valid if it is reproduced under the conditions
provided by law.

SUBSECTION 32^2 - II. Authentic entry


(1) The authentic entry is the entry drawn up or, as the case may be, received and authenticated
by a public authority, by the public notary or by another person invested by the state with public
authority, in the form and conditions established by law. The authenticity of the inscription refers
to the establishment of the identity of the parties, the expression of their consent regarding the
content, their signature and the date of the inscription.

(2) Any other document issued by a public authority and to which the law confers this character is
also authentic.

Article 270 - Power of proof

(1) The authentic entry provides full proof, before any person, until it is declared false, regarding
the findings made personally by the person who authenticated the entry, under the conditions of
the law.

(2) The declarations of the parties included in the authentic document are proof, until proven
otherwise, both between the parties and against any other persons.

(3) The provisions of para. (2) are also applicable in the case of the mentions in the inscription
that are directly related to the legal relationship of the parties, without constituting the main
object of the act. The other mentions constitute, between the parties, a beginning of written
evidence.

Article 271 - Nullity and conversion of the authentic inscription

(1) The authentic entry drawn up without complying with the forms provided for its valid
conclusion or by an incompatible, incompetent or incompetent person is subject to absolute
nullity, unless the law provides otherwise.

(2) The entry provided for in para. (1) however, it provides full proof that it was signed under a
private signature, if it is signed by the parties, and if it is not signed, it constitutes, among them,
only the beginning of written proof.

SUBSECTION 32^3 - III. Inscribed under private signature


The one signed under the private signature is the one that bears the signature of the parties,
regardless of the support or material. He is not subject to any other formality, apart from the
specific exceptions provided by law.


(1) The written under the private signature, recognized by the one to whom it is opposed or, as
the case may be, considered by the law as recognized, serves as evidence between the parties until
the contrary evidence.

(2) The mentions in the written record that are directly related to the legal report of the parties
are also proof until the contrary proof, and the other mentions, foreign to the content of this
report, can only serve as the beginning of written evidence.

Article 274 - Plurality of copies

(1) The signed private signature, which establishes a synalagmatic contract, has probative power
only if it was made in as many original copies as there are parties with opposing interests.

(2) A single original copy is sufficient for all persons

Copertine having&
Balcon theTerasă
same interest.

Mai multe
(3) Each original copy must mention the number of originals that were made. However, the lack
of this mention cannot be opposed Tentrom
by Paradise
the one who executed, as far as he is concerned, the
obligation found in that inscription.

(4) The plurality of original copies is not required when the parties, by common agreement, have
submitted the only original to a third party chosen by them.

Article 275 - The "good and approved" formality

(1) The written under the private signature, by which a single party undertakes to another to pay
him a sum of money or a quantity of fungible goods, must be entirely written by the hand of the
person who subscribes it or at least that, in apart from the signature, it must be written in his
hand "good and approved for...", showing in letters the amount or the amount owed.

(2) When the amount shown in the content of the inscription is different from that shown in the
"good and approved" formula, it is assumed that the obligation only exists for the smallest
amount, even if the inscription and the "good and approved" formula are written entirely with his
hand from the obligee, except if it is proven which party is at fault or if the law provides
otherwise.

Article 276 - Penalty for non-compliance with special formalities

Entries under private signature for which the requirements stipulated in art. 274 and 275 can be
considered as the beginning of written evidence.

Article 277 - Entries drawn up by professionals

(1) The provisions of art. 274 and 275 do not apply in relationships between professionals.

(2) The unsigned entry, but normally used in the exercise of the activity of a company to ascertain
a legal act, proves its content, except for the case where the law requires the written form for the
proof of the legal act itself.

(3) The signed document drawn up in the exercise of the activity of a company is presumed to
have been made on the date recorded in its content. In this case, the date of the entry under the
private signature can be contested with any means of proof.

(4) If the entry provided for in para. (3) does not contain any date, this can be established in the
relations between the parties with any means of proof.

Article 278 - The definite date of the entry under the private signature

(1) The date of private signatures is enforceable against persons other than those who drew them
up, only from the day on which it became disputed, through one of the methods provided by law,
respectively:

1. from the day on which they were presented to be given the definite date by the notary public,
the bailiff or another competent official in this regard;

2. from the day they were presented to a public authority or institution, mentioning this on the
records;

3. from the day they were registered in a register or other public document;

4. from the day of death or from the day when the physical inability to write occurred of the one
who drafted it or of one of those who subscribed it, as the case may be;

5. from the day their content is reproduced, even briefly, in authentic writings drawn up under
the conditions of art. 269, such as closings, minutes for putting seals or for making an inventory;

6. from the day on which another fact of the same nature occurred which unequivocally proves
the previousness of the entry.

(2) Subject to legal provisions to the contrary, the court, taking into account the circumstances,
may remove the application, in whole or in part, of the provisions of para. (1) regarding the
release receipts. Copertine Balcon & Terasă

Tentrom
Article 279 - Registers and domestic Paradise
papers

Registers and domestic papers are not evidence for the person who wrote them. They testify
against him:

1. in all cases where it unequivocally certifies a payment received;

2. when they contain the express mention that the note was made for the benefit of the one shown
as the creditor, to take the place of the title.

Article 280 - Registers of professionals

(1) The registers of professionals, drawn up and kept in compliance with the legal provisions, can
provide full evidence in court for the facts and issues related to their professional activity.

(2) The registers provided for in para. (1) , even nets in compliance with the legal provisions,
prove against those who held them. However, the party relying on them cannot split their
content.

(3) In all cases, the court has the right to assess whether the content of the registers of a
professional can be attributed another evidential power, whether this evidence must be waived in
case the parties' registers do not agree, or whether it must assign more credibility large registers
of one of the parties.

Article 281 - Mentions made by the creditor

Any mention made by the creditor at the bottom, on the side or on the back of a title that has
remained uninterrupted in possession is proof, even though it is neither signed nor dated by him,
when it tends to establish the release of the debtor. The creditor's mention at the bottom, on the
edge or on the back of the duplicate of an entry or of a receipt has the same probative power, if
the duplicate or receipt is in the hands of the debtor.

SUBSECTION 32^4 - IV. Entries on computer support


(1) When the data of a legal act are reproduced on a computer medium, the document that
reproduces this data constitutes the probative instrument of the act, if it is comprehensible and
presents sufficiently serious guarantees to make full faith regarding its content and the identity of
the person from which it emanates.

(2) To assess the quality of the document, the court must take into account the circumstances in
which the data were entered and the document that reproduced them.

Article 283 - Presumption of validity of registration

The registration of the data of a legal act on computer support is presumed to present guarantees
sufficiently serious to make full faith if it is done in a systematic way and without gaps and when
the data entered are protected against alterations and counterfeiting so that the integrity of the
document is complete insured. Such a presumption also exists in favor of third parties from the
simple fact that the registration is performed by a professional.

Article 284 - Probative power

(1) If the law does not provide otherwise, the document that reproduces the data of an act,
recorded on a computer medium, constitutes full proof between the parties, until the contrary
evidence.

(2) If the support or the technology used for drafting does not guarantee the integrity of the
document, it may serve, depending on the circumstances, as material evidence or as the
beginning of written evidence.

SUBSECTION 32^5 - V. Duplicates and copies of authentic documents or under private signature

Article 285 - Regime of duplicates


Mai multe
Duplicates of notarial documents or other authentic documents, issued under the conditions
Tentrom
provided by law, replace the original and Paradise
have the same evidential power as it.

Article 286 - Regime of children

(1) The copy, even legalized, of any authentic or privately signed document can only prove what is
contained in the original document.

(2) The parties may request the confrontation of the copy with the original, the presentation of
the latter being always ordered by the court, under the conditions provided for in art. 292 para.
(2) .

(3) If it is impossible to present the original or the duplicate of the authentic inscription or the
original of the inscription under the private signature, the legalized copy thereof constitutes the
beginning of written evidence.

(4) The copies on the copies have no probative value.

(5) Extracts or partial copies are proof like full copies or copies assimilated to them, but only for
the part of the original inscription that they reproduce; in case they are contested, and the
original is impossible to present, the court has the right to appreciate, within the limits provided
in paragraph. (3) and (4), to what extent the part of the original, reproduced in the extract, can be
considered as having probative power, independently of the parts of the original that were not
reproduced.

Article 287 - Copies made on microfilms or computer media

The data from the authentic documents or under the private signature reproduced on microfilms
and other accessible supports for electronic data processing, made in compliance with the legal
provisions, have the same probative power as the documents on the basis of which they were
reproduced.

SUBSECTION 32^6 - VI. Recognizative or renewing entries


The written acknowledgment or renewal of a pre-existing debt is evidence against the debtor, his
heirs or successors in rights, if they do not prove, by bringing the original document, that the
acknowledgment is erroneous or inaccurate.

SUBSECTION 32^7 - VII. The regime of other entries

Article 289 - Other categories of registrations

(1) Contracts concluded on standardized or standardized forms or incorporating standard general

conditions, as the case may be, are considered signed under a private signature, unless the law
provides otherwise.

(2) If the law does not provide otherwise, the tickets, vouchers and other such documents, used
on the occasion of the conclusion of legal acts or which incorporate the right to certain benefits,
have the probative force of private signatures, even if they are not signed.

(3) The telex, as well as the telegram whose originals, submitted to the post office, were signed by
the sender, are the same proof as the private signature.

Article 290 - Appendices

Plans, sketches, maps, photographs and any other attached documents have the same probative
power as the documents to which they are attached, if they are directly related to the document
and bear the signature, as the case may be, of the party or the competent person who drew up the
document.

Article 291 - Changes to the entry

Erasures, erasures, corrections and any other changes,

Copertine Balcon mentions
& Terasăor additions, made in an entry,
will not be taken into account unless they have been verified under the signature of the person
Mai multe
competent to draw it up or by theCustomizabile: Culori,
party from which thedimensiuni, mecanism
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as the strângere.
may beAlege
. Tentrom Paradise!

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SUBSECTION 32^8 - VIII. Administration of the test with inscriptions

Article 292 - Submission of entries

(1) If the law does not provide otherwise, each party has the right to submit the documents it
agrees to use, in certified copies for compliance.

(2) If the entry is submitted in copy, the party that submitted it is obliged to have the original
and, upon request, to present it to the court, under the penalty of disregarding the entry.

(3) If the opposing party cannot realize the accuracy of the copy compared to the original
presented at the hearing, the judge may grant a short term, obliging the party to submit the
original to the registry office.

(4) Entries submitted in original will not be able to be withdrawn until copies are left certified by
the clerk of the court where they were submitted.

(5) Entries drawn up in a language other than the one used before the court must be accompanied
by legalized translations.

(6) Entries submitted in copy to the file cannot be withdrawn by the parties.

Article 293 - Obligation of the opposing party to present the document

(1) When the party sees that the opposing party has an evidentiary document, related to the
process, the court can order its presentation.

(2) The production request will be admitted, if the document is common to the parties in the
process, if the opposing party itself referred to this document in the process or if, according to the
law, it is obliged to present the document.

Article 294 - Cases of rejection of the application for presentation of the written record

(1) The judge will reject, with reasons, the application for submission of the document to the file,
in whole or in part, when:

1. the content of the letter refers to strictly personal matters regarding the dignity or private life of
a person;

2. submission of the application would violate the legal obligation to maintain secrecy;

3. submitting the application would attract the criminal prosecution of the party, the spouse or a
relative or close relative up to and including the third degree.

(2) If the law does not provide otherwise, the incidence of any of the above cases will be verified
by the judge, by examining the contents of the written record. At the end of the meeting, a
corresponding mention will be made.

Article 295 - Refusal to present the document

If the party refuses to answer the questioning proposed to prove the possession or existence of
the inscription, if it appears from the evidence administered that he hid the inscription or
destroyed it or if, after the possession of the inscription was proven, he does not comply with the
order given by the court to produce it, the court will be able to consider as proven the statements
made regarding the content of that written by the party that requested the presentation.

Article 296 - Investigation of the registered by the delegated judge

(1) When a document, necessary for the dissolution of the process, is found with one of the
parties and cannot be presented because bringing it would be too expensive or when the
documents are too voluminous or numerous, it will be possible to delegate a judge in whose
presence the parties will examine the documents where they are.

(2) As an exception to the provisions of para. (1), the court, taking into account the Mai multe
circumstances, may only request the presentation of extracts or copies of the requested
documents, certified by the personTentrom
whoParadise
owns them. In such cases, if necessary, the court can
order the verification of the conformity of the extract or copy with the original.

Article 297 - Obligation of the third party to present the document

(1) When it is shown that a document necessary for the resolution of the process is in the
possession of a third party, he may be called as a witness, being given the opportunity to bring the
document to court.

(2) When the holder of the registration is a legal entity, its representatives may be summoned as
witnesses.

(3) The third party may refuse to present the document in the cases provided for in art. 294.

Article 298 - Obligation of the public authority or institution to present the inscription

(1) If the document is in the custody of a public authority or institution, the court will take
measures, at the request of one of the parties or ex officio, to bring it, within the term fixed for
this purpose, notifying the head of the authority or public institution holding the measures what
can be ordered in case of non-compliance.

(2) The holding authority or public institution has the right to refuse to send the document when
it refers to national defense, public safety or diplomatic relations. Partial extracts may be sent if
none of these reasons oppose it. The provisions of art. 252 para. (3) is applied accordingly.

Article 299 - Entries that cannot be sent to the court

(1) The court will not be able to request the sending of original land records and plans, registers
of public authorities or institutions, wills submitted to courts, public notaries or lawyers, as well
as other original records found in their archives. However, certified copies of them may be
requested.

(2) The research of these records, if necessary, will be done, with the summons of the parties, by a
delegated judge or, if the record is found in another locality, by commission rogatory, by the
respective court.

(3) As an exception to the provisions of para. (1) and (2), when the document verification
procedure requires it, the court will be able to order the presentation of original wills or other
original documents, submitted to courts, public notaries or lawyers, for the performance of
graphoscopic expertise in specialized laboratories if the document expertise is not can be done at
the archive headquarters.

Article 300 - Presentation of registers of professionals

(1) At the request of one of the parties or even ex officio, the court may order the presentation of
the registers of professionals or their communication.

(2) When the entries or registers provided for in para. (1) that are to be investigated are located in
another judicial district, their investigation will be done by commission rogatory.

SUBSECTION 32^9 - IX. Verification of entries

Article 301 - Recognition or contestation of the written under private signature

(1) The person who is opposed to a writing under a private signature must either acknowledge or
contest the writing or signature. Contesting the writing or the signature can be done, at the first
term after submitting the entry, under penalty of forfeiture.

(2) The heirs or successors in rights of the person from whom the inscription is claimed to be can
declare that they do not know the writing or signature of their author.

Article 302 - The obligation to verify the registration

(1) When one of the persons mentioned in art. 301 contests the writing or signature or declares
that he does not know them, the court will proceed to verify the writing by:

1. comparing the writing and signature on the inscription with the writing and signature on other
uncontested inscriptions; Tentrom Paradise

2. expertise;

3. any other evidence allowed by law.

(2) For this purpose, the president of the trial panel will compel the party to whom the writing or
signature is assigned to write and sign under the dictation of the written part. The refusal to write
or sign may be considered as an acknowledgment of the writing or signature.

Article 303 - Verification procedure

(1) The judge, after comparing the inscription with the writing or signature made in front of him
or, if necessary, with other inscriptions, can clarify the inscription.

(2) If, however, from the comparison of the writings, the judge is not clear, he will order that the
verification be done through expertise, obliging the parties or other persons to immediately
submit comparison writings.

(3) The following are received as comparison entries:

1. the authentic inscriptions;

2. letters or other private writings not disputed by the parties;

3. the part of the entry that is not disputed;

4. the writing or signature made before the court.

(4) The entries submitted for verification will be signed by the president, clerk and parties.

(5) The parties take note of the entries in the meeting.

Article 304 - Denunciation of the entry as fake

(1) If, no later than the first term after the presentation of a document used in the process, one of
the parties declares that it is false by falsifying the writing or the signature, she is obliged to show
the reasons on which she relies.

(2) If the party using the document is not present, the court will order it to appear in person to
take notice of the denunciation of the document as fake, to submit the original and to give the
necessary explanations.

(3) The judge can order the presentation of the parties even before the first term of the trial, if the
party declares, by appearance, that his writing or signature is forged.

(4) In thoroughly justified cases, the parties can be represented by agents with a special power of
attorney.

Article 305 - Verification of the status of the document denounced as fake

(1) The judge will immediately ascertain, through minutes, the material condition of the
document denounced as false, if there are deletions, additions or corrections on it, then he will
sign it, so that it remains unchanged, and entrust it to the registry, after it is countersigned by the
clerk and the parties.

(2) If the parties do not want or cannot sign, all this will be mentioned in the minutes.

Article 306 - Listening to the parties

(1) At the same term in which the inscription was denounced as false or, in the case provided for
in art. 304 para. (2) , at the next term, the judge asks the party that produced the document, if he
understands to use it. Copertine Balcon & Terasă

Tentrom
(2) If the party that used the entry Paradise
is absent, refuses to answer or declares that the entry is no
longer used, it will be removed, in whole or in part, as the case may be.

(3) If the party that denounced the document as false is absent, refuses to answer or withdraws its
declaration of denunciation, the document will be considered recognized.

Article 307 - Suspension of the process and referral to the prosecutor's office

If the party that presented the document insists on using it, although the denunciation of it as
fake has not been withdrawn, the court, if the author of the forgery or his accomplice is indicated,
can suspend the judgment of the trial, immediately submitting the document denounced as fake
to the competent prosecutor's office, for the investigation of the forgery, together with the
minutes that will be concluded for this purpose.

Article 308 - Investigation of forgery by the civil court

If, according to the law, the criminal action cannot be initiated or cannot continue, the
investigation of the forgery will be done by the civil court, by any means of evidence.

SUBSECTION 33 - A§3. Test with witnesses

SUBSECTION 33^1 - I. Admissibility of evidence with witnesses

Article 309 - Admissibility of evidence

(1) Evidence with witnesses is admissible in all cases where the law does not provide otherwise.

(2) No legal act can be proved with witnesses, if the value of its object is greater than 250 lei.
However, it is possible to prove with witnesses, against a professional, any legal act, regardless of
its value, if it was done by him in the exercise of his professional activity, except in the case where
the special law requires written evidence.

(3) If the law requires the written form for the validity of a legal act, it cannot be proven with
witnesses.

(4) Likewise, evidence with witnesses is inadmissible if the law requires a written form to prove a
legal act, except in cases where:

1. the party was financially or morally unable to draw up a document to prove the legal act;

2. there is a beginning of written evidence, according to the provisions of art. 310;

3. the party lost the documentary evidence due to a fortuitous event or force majeure;

4. the parties agree, even tacitly, to use this evidence, but only regarding the rights they can
dispose of;

5. the legal act is attacked for fraud, error, deception, violence or is hit by absolute nullity for the
illegal or immoral cause, as the case may be;

6. clarification of the clauses of the legal act is requested.

(5) Evidence with witnesses is never admissible against or over what is contained in a written
document, nor about what is alleged to have been said before, during or after its preparation,
even if the law does not require written form for the proof of the respective legal act, with the
exception of the cases provided for in para. (4) .

Article 310 - Beginning of written evidence

(1) Any writing, even unsigned and undated, which originates from a person to whom that writing
is opposed or from the one whose successor in rights that person is, is considered the beginning
of written evidence, if the writing makes the alleged fact credible.

(2) The entry, even unsigned byCopertine

the person to Balcon
whom it is &opposed,
Terasă constitutes the beginning of
written evidence, if it was drawn up in front of a competent official who certifies that the
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statements contained in the entryCustomizabile: Culori,
are in accordance dimensiuni,
with mecanism
those made by that de strângere. Alege Tentrom Paradise!
person.

Tentrom Paradise
(3) The beginning of the written evidence can be evidence between the parties only if it is
supplemented by other means of evidence, including evidence with witnesses or by
presumptions.

SUBSECTION 33^2 - II. Administration of evidence with witnesses

Article 311 - Hearing and replacement of witnesses

(1) When the court has approved the evidence with witnesses, it will order the summoning and
hearing of them.

(2) The replacement of witnesses will only be approved in case of death, disappearance or well-
founded reasons, in which case the list will be submitted under penalty of forfeiture, within 5
days of approval.

(3) Each party will be able to object to the hearing of a witness who is not included in the list or is
not clearly identified.

(4) The forfeiture of the right to administer evidence with witnesses for failure to fulfill the
obligations provided for in art. 262 is covered if they appear at the deadline set for their hearing.

Article 312 - Listening to unread witnesses

(1) Witnesses can be heard even at the time when the evidence was approved.

(2) At the deadline set for the administration of the evidence, the party will be able to bring the
approved witnesses even without being subpoenaed.

(3) If the party undertakes to present the witness at the trial term, without being subpoenaed, but
for imputable reasons it does not fulfill its obligation, the court will order the witness to be
subpoenaed for a new term. The provisions of art. 313 are applicable.

Article 313 - Refusal of the witness to appear

(1) Against the witness who is absent at the first summons, the court can issue a summons.

(2) In urgent cases, witnesses may be ordered to be brought with a warrant even at the first
deadline.

(3) If, after issuing the summons, the witness cannot be found or does not appear, the court will
be able to proceed to trial.

Article 314 - Impossibility of presentation

The witness who, due to illness or other serious impediment, cannot come to court will be able to
be heard at the place where he is, with the summons of the parties.

Article 315 - Persons who cannot be heard as witnesses

(1) They cannot be witnesses:

1. relatives and relatives up to the third degree inclusive;

2. the husband, ex-husband, fiance or common-law partner;

3. those who are at enmity or in ties of interests with any of the parties;

4. persons placed under judicial interdiction;

5. those convicted of perjury.

(2) The parties may agree, expressly or tacitly, to

Copertine be heard &
Balcon as witnesses
Terasă and the persons provided
in paragraph. (1) point 1-3.

Tentrom
Article 316 - Obedience to relatives and Paradise
relatives

In the processes regarding filiation, divorce and other family relationships, the relatives and
relatives provided for in art. 315, except for descendants.

Article 317 - Persons exempted from testifying

(1) The following are exempt from being witnesses:

1. ministers of religion, doctors, pharmacists, lawyers, notaries public, bailiffs, mediators,

midwives and medical assistants and any other professionals who are required by law to maintain
professional secrecy or professional secrecy regarding the facts of which they became aware
within the service or in the exercise of their profession, even after the cessation of their activity;

2. judges, prosecutors and public officials, even after the termination of their duties, on the secret
circumstances of which they had knowledge in this capacity;

3. those who, through their answers, would expose themselves or would expose any of the
persons indicated in art. 315 para. (1) points 1 and 2 to a criminal penalty or to public contempt.

(2) The persons provided for in para. (1) point 1, with the exception of religious servants, they will
still be able to testify, if they have been released from professional or professional secrecy by the
party interested in keeping the secret, except in the case where the law provides otherwise.

(3) The persons provided for in para. (1) point 2, if the authority or institution under which they
work or have worked, as the case may be, gives their approval.

Article 318 - Identification of the witness

(1) The president, before taking the statement, will ask the witness to show:

a) name, surname, profession, domicile and age;

b) if he is related or related to one of the parties and to what degree;

c) if he is in the service of one of the parties.

(2) The president will then show the witness the duty to swear and the meaning of the oath.

Article 319 - Taking the oath

(1) Before being heard, the witness takes the following oath: "I swear that I will tell the truth and
that I will not hide anything of what I know. May God help me!"

(2) While taking the oath, the witness keeps his hand on the cross or the Bible.

(3) The reference to divinity in the oath formula changes according to the religious faith of the
witness.

(4) The provisions of para. are not applicable to the witness of a religion other than the Christian
one. (2) .

(5) The witness without confession will take the following oath: "I swear on my honor and
conscience that I will tell the truth and that I will not hide anything of what I know."

(6) Witnesses who for reasons of conscience or confession do not take the oath will say the
following formula in front of the court: "I promise that I will tell the truth and that I will not hide
anything of what I know."

(7) Mute and deaf-mute literate persons will take the oath by transcribing its formula and signing
it; deaf people will say the oath, and those who cannot write will swear by signs with the help of
an interpreter.

(8) The situations referred to in Copertine

para. (3) -(7) are retained&byTerasă
Balcon the court based on the statements
made by the witness.

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(9) After taking the oath, the president Paradise
point out to the witness that, if he does not tell the
truth, he is committing the crime of perjury.

(10) All this is mentioned in the written declaration.

Article 320 - Exemption from oath

Children who have not reached the age of 14 and those who lack discernment at the time of the
hearing, without being placed under an interdict, can be heard, without an oath, but the court will
draw their attention to tell the truth and will take into account, at the assessment their
warehouse, their special situation.

Article 321 - Listening to the witness

(1) Each witness will be heard separately, the unheard ones still not being able to be present.

(2) The order of hearing the witnesses will be fixed by the president, taking into account the
request of the parties.

(3) The witness will first answer the questions asked by the president, and then also the questions
asked, with his approval, by the party that proposed him, as well as by the opposing party.

(4) After the hearing, the witness remains in the courtroom until the end of the investigation,
unless the court decides otherwise.

(5) During the hearing, the witness will be allowed to give his testimony freely, without being
allowed to read a previously written answer; however, he can use notes, with the approval of the
president, but only to specify figures or names.

(6) If the court finds that the question put aside cannot lead to the dissolution of the trial, is
offensive or tends to prove a fact whose proof is prohibited by law, it will not approve it. In this
situation, at the end of the session, the court will mention both the name of the party and the
formulated question, as well as the reason why it was not approved.

(7) If the question is approved, the question, together with the name of the party that formulated
it, followed by the witness's answer, will be recorded verbatim in the witness's statement
according to the provisions of art. 323 para. (1) .

3^3^2 supplemented by Art. I, point 33. of Law 310/2018 )

Article 322 - Re-examination and confrontation of witnesses

(1) Witnesses can be questioned again, if the court deems it appropriate.

(2) Witnesses whose statements do not match may be confronted.

(3) [text from Art. 322, para. (3) from book II, title I, chapter II, section 2, subsection 3^3^2 was
repealed on 21-Dec-2018 by Art. I, point 34. of Law 310/2018]

Article 323 - Recording the witness's statement

(1) The testimony will be written by the clerk, who will record the witness's statement exactly and
verbatim, and will be signed on each page and at the end by the judge, clerk and witness, after he
has taken note of the contents. If the witness refuses or cannot sign, this will be mentioned at the
end of the session.

3^3^2 amended by Art. I, point 35. of Law 310/2018 )

(2) Any additions, deletions or changes in the content of the testimony must be approved and
signed by the judge, clerk and witness, under penalty of not being taken into account.

(3) Unwritten places in the declaration must be Balcon

Copertine crossed out&
with lines, so that no additions can be
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made.

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(4) The provisions of art. 231 para. Paradiseaccordingly.
(2) is applied

Article 324 - Assessment of evidence with witnesses

In assessing the statements of the witnesses, the court will take into account their sincerity and
the circumstances in which they became aware of the facts that are the subject of the respective
statement.

Article 325 - Presumption of false testimony

If, from the investigation, suspicions of false testimony or witness bribery emerge, the court will
conclude a report and notify the competent criminal prosecution body.

Article 326 - Monetary rights of the witness

(1) The witness has the right to reimbursement of transportation, accommodation and meal
expenses if he is from another locality, as well as the right to compensation to cover the income
he would have obtained if he had exercised his profession during his absence from the place of
work, occasioned by his summons in order to be heard as a witness, established in relation to the
condition or profession he exercises, as well as the actual time lost.

(2) The monetary rights are ensured by the party that proposed the witness and are established,
upon request, by the court, through an executive order.

SUBSECTION 34 - A§4. assumptions


Presumptions are the consequences that the law or the judge draws from a known fact to
establish an unknown fact.

Article 328 - Legal presumptions

(1) The legal presumption exempts from proof the one in whose favor it is established in all that
regards the facts considered by law to be proven. However, the party benefiting from the
presumption must prove the known, neighboring and related fact on which it is based.

(2) The legal presumption can be removed by evidence to the contrary, if the law does not provide
otherwise.

Article 329 - Judicial presumptions

In the case of presumptions left to the light and wisdom of the judge, he can base himself on them
only if they have weight and the power to create the probability of the alleged fact; they, however,
can only be received in cases where the law admits evidence with witnesses.

SUBSECTION 35 - A§5. survey

Article 330 - Approval of expertise

(1) When, in order to clarify some factual circumstances, the court considers it necessary to know
the opinion of some specialists, it will appoint, at the request of the parties or ex officio, one or 3
experts. The term will be established so that the submission of the expert report to the court takes
place according to the provisions of art. 336.

(2) When necessary, the court will request the expertise of a specialized laboratory or institute.

(3) In strictly specialized fields, where there are no authorized experts, ex officio or at the request
of any of the parties, the judge may request the point of view of one or more personalities or
specialists in the respective field.

(4) The provisions related to the expertise, with the exception of those regarding bringing with a
warrant, sanctioning with a judicial fine and the obligation to pay compensation, are applicable
accordingly in the cases providedCopertine Balcon
for in paragraph. (2) and &
(3).Terasă

(5) When carrying out the expertiseTentrom Paradise

under the conditions stipulated in para. (1) and (2) may
participate experts chosen by the parties and approved by the court, having the capacity of
advisors of the parties, if the law does not provide otherwise. In this case, they can give reports,
formulate questions and observations and, if necessary, draw up a separate report regarding the
objectives of the expertise.

Article 331 - Appointment of the expert

(1) If the parties do not agree on the appointment of experts, they will be appointed by the court,
by drawing lots, from the list drawn up and communicated by the local expert office, including
the persons registered in its record and authorized, according to the law, to carry out judicial
expertise.

(2) The conclusion of the appointment of the expert will establish the objectives on which he is to
pronounce, the term in which he must carry out the expertise, the provisional fee of the expert
and, if necessary, the advance for travel expenses. For this purpose, the court can fix a hearing in
the council room, during which it will ask the expert to estimate the cost of the work to be
performed, as well as the time required for the expert's performance. In the same way, the court
can fix a short term for when it will ask the expert to estimate in writing the cost of the work to be
carried out, as well as the term necessary to carry out the expertise. The position of the parties
will be recorded at the end. Depending on the position of the expert and the parties,

(3) Proof of the payment of the fee shall be submitted to the court registry by the party that was
bound by the agreement, within 5 days of the appointment or within the term set by the court
according to para. (2) . The fee can be increased, under the conditions stipulated in art. 339 para.
(2) .

Article 332 - Recusal of the expert

(1) Experts can be challenged for the same reasons as judges.

(2) The recusal must be requested within 5 days from the appointment of the expert, if the reason
for it exists at that time; in the other cases, the term will run from the date when the reason for
recusal arose.

(3) Objections are judged with the summons of the parties and the expert.

Article 333 - Notification and replacement of the expert

(1) The provisions regarding summoning, bringing with a warrant and sanctioning absent
witnesses are equally applicable to experts.

(2) If the expert does not appear, the court can order his replacement.

Article 334 - Listening to the expert

If the experts can immediately express their opinion, they will be heard in the meeting itself, and
their opinion will be recorded in a minutes, the provisions of art. 323 applying accordingly.

Article 335 - Carrying out on-site expertise

(1) If an on-site work is required for the expertise or the explanations of the parties are necessary,
it can only be done after summoning the parties by registered letter with declared contents and
confirmation of receipt, in which they will be indicated the day, time and the place where the
work will be done. The subpoena, under the penalty of nullity, must be communicated to the
party at least 5 days before the deadline for carrying out the work. The confirmation of receipt
will be attached to the expertise report.

(2) The parties are obliged to give the expert any clarifications regarding the subject of the work.

(3) In the event that one of the parties opposes resistance or prevents in any other way the
performance of the work, the court will be able to consider as proven the statements made by the
opposing party regarding the factual circumstances that are the object of the work, in the context
of the administration of all other evidence.

(4) The expenses incurred with Copertine

the expertise up to the date
Balcon of the refusal will be borne by the
& Terasă
party that opposed the expertise.

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(5) Exceptionally, when finding out Paradise
the truth in the case is inextricably linked to the performance
of the evidence with the technical expertise, the court will authorize the use of public force for the
purpose of the expertise, through an executory decision pronounced in the council chamber, after
listening to the parties.

Article 336 - Expert report

(1) The findings and reasoned conclusions of the expert or the laboratory or the specialized
institute that was asked to perform the expertise will be recorded in a written report, which will
be submitted at least 10 days before the deadline set for the trial. In urgent cases, the deadline for
submitting the expert report can be reduced.

(2) When there are several experts with different opinions, the paper must include the reasoned
opinion of each one.

(3) In the specific cases provided by law, the submission of the report will be done only after
obtaining the necessary technical approvals that are issued only by the competent specialized
bodies.

Article 337 - Clarifying or completing the report

If it is necessary to clarify or complete the expert report or if there is a contradiction between the
opinions of the experts, the court, ex officio or at the request of the parties, may request the
experts, at the first term after submitting the report, to clarify or complete it.

Article 338 - Carrying out a new expertise

(1) For well-founded reasons, the court may order, upon request or ex officio, the performance of
a new expertise by another expert.

(2) A new expert opinion will have to be requested with reasons, under penalty of forfeiture, at
the first term after the submission of the report, and if objections have been formulated, at the
term immediately following the submission of the response to the objections or, as the case may
be, the supplementary report.

Article 339 - Monetary rights of the expert

(1) The act of experts asking or receiving an amount higher than the fee fixed by the court is
punished according to the criminal law.

(2) At the reasoned request of the experts, taking into account the work performed, the court will
be able to increase the fee due to them, by means of an executive order, given with the summons
of the parties, but only after the submission of the report, the response to possible objections or
the additional report, as the case.

(3) The expert has the same rights as the witness in terms of transportation, accommodation and
meal expenses.

Article 340 - Commission rogatory

If the expertise is done at another court, by commission rogatory, the appointment of the experts
and the determination of the due amounts will be left to the latter court.

SUBSECTION 36 - A§6. The material means of proof

Article 341 - Things as evidence

(1) Material means of evidence are things that, by their properties, by their appearance or the
signs or traces they keep, serve to establish a fact that can lead to the resolution of the trial.

(2) Photographs, photocopies, films, discs, sound recording tapes, as well as other such technical
means, are also material means of evidence, if they were not obtained by violating the law or good
morals.

Article 342 - Storage Copertine Balcon & Terasă

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(1) The evidentiary means made available to the court will be kept until the final resolution of the
trial. Tentrom Paradise
(2) If bringing the material means of evidence to the court presents difficulties due to their
number, volume or other attributes or their location, they will be left in the depository of the
holder or another person.

Article 343 - Verification

(1) The material evidence, in the custody of the court, shall be brought to the court session.

(2) If the material evidence is not in the custody of the court, it may order, as the case may be,
either to bring them or to check on the spot, the provisions of art. 293-300 being applicable
accordingly.

(3) In the conclusion or in the minutes, as the case may be, containing the findings of the court,
mention will also be made of the condition and characteristic signs of the material means of
evidence verified.

Article 344 - Restitution. The transfer to the property of the administrative-territorial unit

In case the court ordered the restitution of the goods that served as material evidence and those
entitled to receive them do not pick them up within 6 months from the date they were notified for
this purpose, the court, in the council room, citing the interested parties and the competent local
financial body, will give a conclusion by which these things will be considered as abandoned and
passed into the private property of the administrative-territorial unit where the court is based.
The conclusion can be challenged only by appeal to the hierarchically superior court.

SUBSECTION 37 - A§7. On-site research

Article 345 - Approval of on-site investigation

(1) The on-site investigation can be done, upon request or ex officio, when the court considers
that it is necessary to clarify the process.

(2) The conclusion by which the investigation is admitted will determine the factual
circumstances to be clarified on the spot.

Article 346 - Conducting the on-site investigation

(1) The on-site investigation is done, with the summons of the parties, by the delegated judge or
by the entire court panel. The presence of the prosecutor is mandatory when his participation in
the trial is required by law.

(2) The court can also approve that the hearing of witnesses, experts and parties be done on the
spot.

Article 347 - Recording the result of the investigation

(1) Regarding the findings and the measures taken on the spot, the court will draw up a report, in
which the arguments or objections of the parties will be recorded, which will be signed by those
present.

(2) The drawings, plans, sketches or photographs taken on the spot will be attached to the
minutes and will be signed by the judge and the parties present at the investigation.

SUBSECTION 38 - A§8. Testimonials

SUBSECTION 38^1 - I. Admissibility of evidence

Article 348 - Notion and types

(1) The recognition by one of the parties, on its own initiative or during the interrogation
procedure, of a fact on which the opposing party bases its claim or, as the case may be, its
defense, constitutes a confession.Copertine Balcon & Terasă

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(2) The confession is judicial or extrajudicial.

Article 349 - Judicial confession

(1) The judicial confession is full proof against the one who made it, either personally or through
a special power of attorney.

(2) The judicial confession may not be divided against the author except in cases where it
includes distinct and unrelated facts.

(3) Likewise, the judicial confession cannot be revoked either, unless it is proven that it was the
result of an excusable factual error.

(4) The judicial confession does not produce effects if it was made by a person lacking
discernment or if it leads to the loss of a right that the person making the confession cannot
dispose of.

Article 350 - Extrajudicial confession

(1) The confession made outside the trial is a fact subject to the judgment of the judge, according
to the general rules of probation.

(2) Verbal extrajudicial confession cannot be invoked in cases where witness evidence is not
admissible.

SUBSECTION 38^2 - II. interrogation

Article 351 - Approving the interrogation

The court can approve, upon request or ex officio, the questioning of any of the parties, regarding
personal facts, which are of a nature to lead to the resolution of the trial.

Article 352 - Interrogation of natural persons

(1) The one summoned in person will be asked by the president about each individual fact.

(2) With the approval of the president, each of the judges, the prosecutor, when participating in
the trial, as well as the opposing party can directly ask questions to the person called for
questioning.

(3) The party will answer without being able to read a previously written draft answer. However,
it can be used for notes, with the approval of the president, but only with regard to numbers or
names.

(4) If the party declares that in order to answer he must examine records, registers or files, a new
term for the interrogation may be set.

(5) When both parties are present during the interrogation, they can be confronted.

Article 353 - Interrogation of the legal representative

The legal representative of a person without legal capacity or the one who assists the person with
limited legal capacity can be summoned personally for questioning only in relation to the
documents concluded and the acts committed in this capacity.

Article 354 - Recording the answers to the interrogation

(1) The answers to the interrogation will be written on the same sheet as the questions. The
questionnaire will be signed on each page by the president, the clerk, the person who proposed it,
as well as the party that answered after having read the contents. The additions, deletions or
changes made will be signed in the same way, under penalty of not being taken into account.

(2) If the interrogated party or the other party is unwilling or unable to sign, it will be recorded at
the bottom of the interrogation.

(3) If the interrogation was ordered ex officio, as well as in the case provided for in art. 352 para.
Tentrom will
(2) , both the questions and the answers Paradise
be recorded at the end of the meeting.

( From 30-Mar-2016 Art. 354, paragraph (3) of book II, title I, chapter II, section 2, subsection
3^8^2 rectified by the Rectification Act of 2016 )

Article 355 - Interrogation of legal entities

(1) The state and other legal entities under public law, as well as legal entities under private law,
will respond in writing to the interrogation that will be communicated to them in advance, under
the conditions provided for in art. 194 lit. e) .

(2) Partnerships are exempted, whose associates with the right of representation will be
personally summoned to the interrogation.

Article 356 - Interrogation of the party abroad

(1) If it is not stipulated otherwise by treaties or international conventions to which Romania is a

party or by special normative acts, the party that is abroad and is represented in the process by an
attorney may be interrogated by him.

(2) In this case, the interrogation will be communicated in writing to the trustee, who will submit
the party's answer given in a special and authentic power of attorney. If the trustee is a lawyer,
the special power of attorney certified by him is sufficient.

Article 357 - Taking the interrogation by delegated judge or commission rogatory

(1) The court can approve taking the interrogation at the home of the person called for
interrogation, through a delegated judge, if the party, for good reasons, is prevented from coming
before the court. In this case, the answers to the questions will be recorded in the presence of the
opposing party or in its absence, if it was summoned and did not appear.

(2) The party who lives in the jurisdiction of another court, in the cases provided for in para. (1) ,
will be heard by rogatory committee.

Article 358 - Failure to appear at the interrogation and refusal to answer

If the party, without valid reasons, refuses to answer the questioning or does not appear, the
court can consider these circumstances as a full confession or only as the beginning of evidence in
favor of the one who proposed the questioning. In the latter case, both witness evidence and other
evidence, including presumptions, can be admitted to complete the evidence.

SUBSECTION 39 - A§9. Securing evidence

Article 359 - Admissibility conditions

(1) Anyone interested in urgently ascertaining the testimony of a person, the opinion of an expert,
the condition of goods, movable or immovable or obtaining the recognition of a record, a fact or a
right, if there is a danger that the evidence will disappear or be difficult to administer in the
future, he will be able to request, both before and during the trial, the administration of these
evidences.

(2) If the opposing party agrees, the request can be made, even if there is no urgency.

Article 360 - Settlement of the request

(1) The request will be addressed, before the trial, to the court in whose jurisdiction the witness or
the object of the finding is located, and during the trial, to the court that hears the trial in the first
instance.

(2) In the application, the party will show the evidence whose administration it claims, the facts it
wants to prove, as well as the reasons that make it necessary to provide them or, as the case may
be, the agreement of the opposing party.

(3) The court will order the parties to be summoned and will communicate a copy of the
application to the opposing party. It is not required to submit an application.

(4) The court will resolve the request in the council chamber, by closing.
Tentrom Paradise

(5) In case of danger in delay, the court, assessing the circumstances, will be able to approve the
request without summoning the parties.

Article 361 - Regime of appeals

(1) The decision to accept the insurance application is enforceable and is not subject to any
appeal.

(2) The decision of rejection can be challenged separately only by appeal within 5 days from the
pronouncement, if it was given with the summoning of the parties, and from the communication,
if it was given without summoning them.

Article 362 - Administration of secured evidence

(1) The administration of the evidence that must be provided can be done immediately or at the
deadline that will be fixed for this purpose.

(2) The administration of the secured evidence is established by a conclusion, which is not subject
to any appeal.

Article 363 - Probative power

(1) Evidence provided under the conditions provided for in art. 362 will be investigated by the
court, at the trial, under the ratio of their admissibility and conclusiveness. If it finds it necessary,
the court will proceed, if possible, to a new administration of the provided evidence.

(2) The secured evidence can also be used by the party that did not request their administration.

(3) The expenses incurred with the administration of the evidence will be taken into account by
the court that hears the case on the merits.

Article 364 - Finding of urgency of a state of fact

(1) At the request of any person who has the interest to ascertain urgently a certain state of facts
that could cease or change until the administration of the evidence, the bailiff in the jurisdiction
of which the ascertainment is to be made will be able to ascertain this on the spot Twill.

(2) In the event that the assessment provided for in para. (1) requires the participation of the
opposing party or another person, the finding can only be made with their consent.

(3) In the absence of the agreement provided for in para. (2), the interested party will be able to
ask the court to approve the making of the finding. The court can approve the making of the
finding without summoning the person against whom the request is made. The provisions of art.
360-363 apply accordingly.

(4) The statement of findings will be communicated in copy to the person against whom the
finding was made, if he was not present, and has the evidential power of the authentic entry.


In case of danger of delay, the provision of evidence and the ascertainment of a factual situation
will be possible even on non-working days and even outside legal hours, but only with the express
approval of the court.

SUBSECTION 4 - Administration of evidence by lawyers or legal advisers

Article 366 - Scope

The provisions of this section are applicable to all disputes, with the exception of those regarding
the civil status and capacity of individuals, family relationships, as well as any other rights on
which the law does not allow a transaction to be made.

Article 367 - Obligation of the court


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At the first court term at which the parties have been legally summoned and if they are present or
Tentrom
represented, the court will ask them Paradise
if they agree that the evidence be administered according to
the provisions of this subsection.

Article 368 - Agreement of the parties

(1) At the term stipulated in art. 367 the parties, present in person or represented, may agree that
the lawyers who assist and represent them administer the evidence in the case, according to the
provisions of this subsection.

(2) Consent for the administration of evidence, provided for in para. (1) , will be given by the
parties, personally or through a special power of attorney, in front of the court, taking note of this
at the end, or in writing drawn up in front of the lawyer, who is obliged to certify the consent and
signature of the party on who assists or represents her. If there are several parties assisted by the
same lawyer, consent will be given by each of them separately.

(3) At the same time, each party is obliged to declare that for the procedure in this subsection it
chooses its domicile with the lawyer who represents it.

(4) The consent given according to para. (2) cannot be revoked by one of the parties.

Article 369 - Conduct of the court hearing

During the administration of the evidence by the lawyers, the court hearings, when they are
necessary, take place according to art. 240, with the mandatory participation of lawyers.

Article 370 - Measures taken by the court

(1) After establishing the validity of the consent given according to art. 368, the court will take the
measures provided for in art. 237 para. (2) . The provisions of art. 255, 256, art. 257 para. (1), art.
258 and 260 are applicable.

(2) When, according to the law, the requests provided for in para. (1) can also be formulated after
the first term of judgment to which the parties are legally summoned, the court may grant a short
term for this purpose, notified to the parties represented by a lawyer.

(3) The provisions of art. 227 and of art. 254 para. (2)-(4) are applicable.

(4) The party who is unjustifiably absent from the time limit for accepting evidence will be
deprived of the right to propose and administer any evidence, except for the one with
inscriptions, but will be able to participate in the administration of evidence by the other party
and will be able to fight this evidence .

Article 371 - The deadline for the administration of evidence

(1) For the administration of the evidence by the lawyers, the court will establish a term of up to 6
months, taking into account their volume and complexity.

(2) The term stipulated in para. (1) may be extended if during the administration of evidence:

1. an exception or a procedural incident is invoked on which, according to the law, the court must
rule; in this case, the term is extended by the time necessary to resolve the exception or incident;

2. terminated, for any reason, the legal assistance contract between one of the parties and his
lawyer; in this case, the term is extended by at most one month for hiring another lawyer;

3. one of the parties has died; in this case, the term is extended by the time in which the process is
suspended according to art. 412 para. (1) point 1 or with the term granted to the interested party
for bringing the heirs to trial;

4. in any other cases where the law provides for the suspension of the process, the term is
extended by the period of the suspension, the provisions of art. 411 para. (1) point 2 not being
applicable.

Article 372 - Evidence administration scheduleBalcon

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(1) In no more than 5 days after the approval of the evidence, the lawyers of the parties will
present to the court the scheduleTentrom
for theirParadise
administration, bearing the signature of the lawyers, in
which the place and date of the administration of each evidence will be shown. The program is
approved by the court, in the council room, and is mandatory for the parties and their lawyers.

(2) In the processes provided for in art. 92 para. (2) and (3) the approved program according to
para. (1) will be communicated immediately to the prosecutor, under the conditions of art. 383.

(3) The evidence can be administered in the office of one of the lawyers or in any other agreed
place, if the nature of the evidence requires it. The parties, through lawyers, are obliged to
communicate their letters and any other documents, by registered letter with confirmation of
receipt or directly, under signature.

(4) Date agreed for the administration of the evidence according to para. (1) can be modified,
with the consent of all parties.

(5) If the administration of evidence is not possible for objective reasons, a new term will be
established, the provisions of para. (4) being applicable accordingly. If the parties do not agree,
the court will be notified, according to art. 373.

(6) Unjustified non-compliance with the program provided for in paragraph (1) results in the
forfeiture of the party's right to administer the said evidence.

(7) The provisions of art. 262 are applicable.

Article 373 - Resolution of incidents

If, during the administration of the evidence, one of the parties formulates a request, invokes an
exception, the inadmissibility of any evidence or any other incident regarding the administration
of the evidence, it will notify the court, which, with the summons of the other party, by the
conclusion given in the council chamber, will rule by immediately, and when necessary, in no
more than 15 days from the date on which it was notified. The conclusion can be challenged only
together with the merits of the process.

Article 374 - Inscriptions owned by third parties

If it is ordered to present a document held by an authority or another person, the court, according
to the provisions of art. 298, will order the request of the written record and, as soon as it is
submitted to the court, its communication in a copy to each lawyer.

Article 375 - Verification of inscriptions

If one of the parties does not recognize the writing or the signature in a document, the lawyer of
the interested party, according to art. 373, will request the court to proceed with the verification
of the entries.

Article 376 - Listening to witnesses

(1) The witnesses will be heard, at the place and date provided in the program approved by the
court, by the lawyers of the parties, under the conditions of art. 318 para. (1) and art. 321 para. (1)
, (2) , (4) and (5) , which are applied accordingly. The hearing of the witnesses is done without
taking an oath, but they are reminded that if they do not tell the truth, they commit the crime of
perjury. All this is mentioned in the written statement.

(2) The witnesses provided for in art. 320 will be heard only by the court.

Article 377 - Recording of testimony

(1) The testimony will be recorded precisely by a person agreed by the parties and will be signed,
on each page and at the end, by the lawyers of the parties, by the person who recorded it and by
the witness, after he has taken the knowledge of the content of the recording.

(2) Any additions, deletions or changes in the content of the testimony must be approved by the
signature of those mentioned in paragraph. (1) , under penalty of not being taken into account.

(3) If the testimony was stenographed,

Copertine it will be transcribed.
Balcon & Terasă Both the transcript and its
transcription will be signed according to para. (1) and submitted to the file.

(4) If the testimony was recorded Tentrom

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audiovisual means, it may be later transcribed at the
request of the interested party, under the conditions of the law. The transcript of the recordings
will be signed according to para. (1) and submitted to the file.

Article 378 - Authentication of testimony

The parties may agree that the statements of the witnesses be recorded and authenticated by a
public notary. The provisions of art. 376 are applicable.

Article 379 - Expertise

(1) If an expert opinion is approved, in the evidence administration program the parties will enter
the name of the expert they will choose by their consent, as well as the names of the advisors of
each of them.

(2) If the parties do not agree on the choice of the expert, they will ask the court, at the time when
they approve the evidence according to art. 370, to proceed with his designation, according to art.
331 para. (1) and (2).

(3) The expert is obliged to carry out the expertise and hand it over to the lawyers of the parties,
under the signature of receipt, at least 30 days before the deadline set by the court according to
art. 371. Also, he has the duty to give explanations to the lawyers and the parties, and after fixing
the trial term, to comply with the provisions of art. 337-339.

Article 380 - On-site investigation

If an on-site investigation was ordered, this will be done by the court according to the provisions
of art. 345-347. The minutes provided for in art. 347 para. (1) will be drawn up in as many copies
as there are parties and will be handed over to their lawyers no later than 5 days after the
investigation.

Article 381 - The interrogation

When the summons to the interrogation has been approved, the court will summon the parties, at
the set term, in the council room. Copies of the interrogation thus taken, as well as of the one
ordered and received according to art. 355 para. (1) will be immediately handed over to the
lawyers of the parties.

Article 382 - Evidence incidents

(1) The court, under the conditions of art. 373, will decide on the request to replace the witnesses,
to hear them again or to confront them.

(2) Also, under the conditions shown in para. (1) , the court will rule on the request to admit new
witnesses or other evidence that proves necessary and that could not be foreseen to be requested
according to art. 237 para. (2) point 7.

Article 383 - Written conclusions

(1) After taking all the evidence approved by the court, the plaintiff, through his lawyer, will draw
up written conclusions regarding the support of his claims, which he will send by registered letter
with acknowledgment of receipt, or hand them directly, under the signature of the other parties
in the process and, when appropriate, the Public Ministry.

(2) After receiving the written conclusions of the plaintiff, each party, through its lawyer, will
draw up its own written conclusions, which it will communicate, according to para. (1) , the
plaintiff, the other parties, as well as, when appropriate, the Public Ministry.

Article 384 - Compilation of the file

(1) The attorneys of the parties will create a file for each party and one for the court, in which they
will submit a copy of all the documents that, according to the law, establish the administration of
each piece of evidence.

(2) The files provided for in para. (1) will be numbered,

Copertine Balconbound and will bear the signature of the
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lawyers of the parties on each page.

Article 385 - Submission of theTentrom Paradise

file to the court

At the expiration of the term established by the court according to art. 371, the lawyers of the
parties will present the case file to the court together, drawn up according to art. 384.

Article 386 - Judgment of the case

(1) Upon receiving the file, the court will fix the trial term, notified to the parties, which will not
be longer than 15 days from the date of receipt of the file.

(2) At this term, the court may decide, for good reasons and after listening to the parties, to
administer new evidence or to administer directly in front of it some of the evidence administered
by the lawyers.

(3) For this purpose, the court will establish short deadlines, further, given to the parties. For the
presentation before the court, the witnesses will also be summoned in a short time, the cases
being considered urgent. The provisions of art. 159 and of art. 313 para. (2) are applicable.

(4) If, at the time stipulated in para. (1) , the court considers that it is not necessary to administer
new evidence or some of those administered by the lawyers, it will proceed to the substantive trial
of the trial, giving the parties the floor to present conclusions through the lawyer.

Article 387 - Applicable provisions

(1) The provisions of the 3rd subsection "Evidence" of the 2nd section of Chapter II are
applicable, if this subsection does not provide otherwise.

(2) At the request of the lawyer or the interested party, the court can take the measure of the
judicial fine and the obligation to pay compensations, in the cases and conditions stipulated by
the provisions of art. 187-190.

Article 388 - Legal advisors

The provisions of this subsection are also applicable to the legal advisors who, according to the
law, represent the party.

SECTION 3 - The substantive debate of the process

Article 389 - The object of the debates

The trial's debates focus on the factual circumstances and legal grounds, invoked by the parties in
their requests or, as the case may be, raised by the court ex officio.

Article 390 - Matters prior to the substantive debates

Before proceeding to the debate on the merits of the case, the court, ex officio or at the request of
the parties, discusses with them the requests, procedural exceptions and defenses that were not
resolved during the investigation of the trial, as well as those that, according to the law, can be
invoked in any state of the process.

Article 391 - Completing or restoring evidence

The court can proceed to complete or restore some evidence, if, from the debates, the necessity of
this measure results.

Article 392 - Opening of debates on the merits

If the parties declare that they have no more requests to make and there are no other incidents to
be resolved, the president opens the debates on the merits of the case, giving the floor to the
parties, in the order and under the conditions provided for in art. 216, so that everyone can
support their requests and defenses formulated in the process.

Article 393 - Continuation of substantive debates

The started debates will be continued at the same time until their closure, unless, for good Mai multe
reasons, they are left for another day, even outside the hours fixed for judging the causes.
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Article 394 - Closure of substantive debates

(1) When he considers that all the factual circumstances and legal grounds of the case have been
clarified, the president closes the debates.

(2) If it deems it necessary, the court may ask the parties, at the close of the debates, to submit
additions to the notes prepared according to art. 244. The parties can submit these additions even
if they were not requested by the court.

(3) After the closing of the debates, the parties can no longer submit any entries to the case file,
under the penalty of not being taken into account.

SECTION 4 - Deliberation and pronouncement of the decision

Article 395 - Deliberation

(1) After the closing of the debates, the panel of judges deliberates in secret on the decision to be
pronounced.

(2) Only the panel members in front of whom the debates took place take part in the deliberation.
Each of the members of the panel of judges has the duty to express his opinion, starting with the
newest in office. The president is the last to express his opinion.

(3) The judge who took part in the trial is required to pronounce even if he is no longer a judge of
the respective court, with the exception of the case in which, under the conditions of the law, his
capacity as a judge has ceased or he is suspended from office. In this situation, the process is put
back on the roll, with the summoning of the parties, so that they can once again present their
conclusions before the legally established panel of judges.

Article 396 - Pronouncement postponement

(1) In justified cases, if the court does not take the decision immediately, its pronouncement can
be postponed for a term that cannot exceed 15 days.

(2) In the case of the postponement provided for in para. (1) , the president, together with the
announcement of the term to which the pronouncement was postponed, can establish that the
pronouncement of the decision will be made by making the solution available to the parties
through the intervention of the court registry.

(3) If the pronouncement has been postponed, the decision cannot be pronounced earlier than
the date fixed for this purpose.

Article 397 - Resolution of the case

(1) The court is obliged to rule on all requests submitted to the court. It cannot grant more or
anything else than what was requested, unless the law provides otherwise.

(2) If the application has as its object claims regarding the maintenance obligation, child
allowance, rent, lease, payment of salary, installments of the sale price or other sums due
periodically, the court will oblige the defendant, at the request of the plaintiff, after payment of
the fees of stamp duty, according to the law, and upon payment of the amounts that became due
after the submission of the application.

(3) In cases where the court can grant a deadline for the execution of the decision, it will do so
through the very decision that resolves the case, showing the reasons for granting the deadline.
The debtor will not be able to ask for a payment deadline, if the debtor was granted a reasonable
payment deadline by the creditor or had the opportunity to execute within a reasonable deadline,
calculated from the date of communication of the summons request, in accordance with the
provisions of art. . 1. 522 of the Civil Code, nor if any of the reasons provided for in art. 675 para.
(1) .

Article 398 - Taking the decision

(1) The decision must be the result of the agreement

Copertine of the members
Balcon & Terasă of the trial panel and is given
in the name of the law.

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(2) When unanimity cannot be achieved, the decision is taken with the majority of the members
of the panel of judges. If more than two opinions result from the deliberation, the judges whose
opinions are closer are obliged to unite in a single opinion.

(3) If the majority cannot be achieved, the trial is judged in a panel of divergence, constituted by
the inclusion in the initial panel of a judge from the permanent planning.


Article 399 - Judgment in full of divergence

(1) In the situation provided for in art. 398 para. (3) , the divergence is judged on the same day or,
if it is not possible, within a term that cannot exceed 20 days from the emergence of the
divergence, with the summoning of the parties. In cases considered urgent, this term cannot be
longer than 7 days.

(2) The debates will be resumed on the matters left in disagreement and which are announced to
the parties in the meeting, the court being entitled, when it deems it necessary, to administer new
evidence and to order any other measures permitted by law.

(3) The parties will again submit conclusions on the matters in dispute.

(4) The provisions of art. 398 para. (2) is applied accordingly, the judges having the right to
return to their opinion that caused the divergence.

(5) When the disagreement does not concern the solution that must be given to the entire case,
after judging the matters remaining in disagreement, the panel that judged before its emergence
will be able to continue judging the case.

Article 400 - Reinstatement

If, during the deliberation, the court finds that new evidence or clarifications are needed, it will
order the case to be reinstated, with the summoning of the parties.

Article 401 - Preparation of the minutes

(1) After the decision has been taken, a minute will be drawn up immediately that will include the
solution and in which the separate opinion of the judges in the minority will be shown, when
necessary.

(2) The minutes, under penalty of nullity of the decision, will be signed on each page by the
judges and, as the case may be, by the assistant magistrate, after which it will be recorded in a
special register, kept at the court registry. This register can also be kept in electronic format.

Article 402 - Pronouncing the decision

The decision can be pronounced in the public meeting, at the place where the debates took place,
by the president or by a judge, a member of the trial panel, who will read the minutes, indicating
also the means of appeal that can be used against the decision or can pronounce by making the
solution available to the parties by the court registry.

( From 21-Dec-2018 Art. 402 of book II, title I, chapter II, section 4 amended by Art. I, point 37.
of Law 310/2018 )

Article 403 - Date of the decision

The date of the decision is the one on which the minute is pronounced according to the law.

Article 404 - Waiver of appeal before the first court

(1) The party present at the pronouncement of the decision may waive, under the conditions of
the law, the right of appeal, mentioning this in a minutes signed by the president and the clerk.

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(2) The waiver can also be made after the pronouncement, even after the appeal has been
Tentrom
declared, by presenting the party beforeParadise
the president of the court or the person appointed by
him or, as the case may be, by an authentic document that will be filed at the court registry, as
long as the file was not submitted to the competent court, the provisions of para. (1) applying
accordingly.

Article 405 - Nullity of the decision

The nullity of a decision can only be requested through the appeals provided by law, except when
the law expressly provides otherwise.

CHAPTER III: Some procedural incidents

SECTION 1 - Waiver of judgment


(1) The plaintiff can waive the trial at any time, in whole or in part, either verbally at the trial or
by written request.

( From June 28, 2016, Art. 406, paragraph (1) of book II, title I, chapter III, section 1, see appeal
in the interest of the law, Decision 8/2016 )

(2) The request is made in person or through a representative with a special power of attorney.

(3) If the waiver was made after the communication of the summons request, the court, at the
defendant's request, will oblige the plaintiff to pay the court costs incurred by the defendant.

( From June 28, 2016, Art. 406, paragraph (3) of book II, title I, chapter III, section 1, see

(4) If the plaintiff waives the trial at the first term at which the parties are legally summoned or
after this moment, the waiver can only be done with the express or tacit consent of the other
party. If the defendant is not present at the time when the plaintiff declares that he is waiving the
trial, the court will grant the defendant a time until which to express his position regarding the
request for waiving. The lack of an answer by the given deadline is considered a tacit agreement
to give up.

(5) When the waiver of the judgment is done in appeal or in extraordinary appeals, the court will
take note of the waiver and will also order the annulment, in whole or in part, of the decision or,
as the case may be, of the decisions pronounced in the case.

(6) Waiver of judgment is established by a decision subject to appeal, which will be judged by the
court hierarchically superior to the one that took note of the waiver. When the waiver takes place
in front of a section of the High Court of Cassation and Justice, the decision is final.

Article 407 - Effects of renunciation

(1) Waiver of the judgment of one of the plaintiffs is not opposable to the other plaintiffs.

(2) The waiver produces effects only in respect of the parties in respect of whom it was made and
does not affect the incidental requests that have an independent character.

SECTION 2 - Waiver of claimed right

Article 408 - Waiver in the first instance

(1) The plaintiff may, throughout the process, waive the claimed right, if he can dispose of it,
without the defendant's consent being necessary.

(2) In case of relinquishment of the claimed right, the court will pronounce a decision by which it
will reject the request on the merits, ruling also on court costs.

(3) Resignation can be done both verbally in the meeting, being recorded at the end, as well as in
authentic writing.

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Article 409 - Waiver in appeals
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(1) When the waiver is made in the court of appeal, the decision of the first court will be annulled
in whole or in part, to the extent of the waiver, the provisions of art. 408 applying accordingly.

(2) When the waiver is made in the extraordinary appeals, the decisions pronounced in the case
will be annulled, the provisions of art. 408 applying accordingly.


The decision is subject to appeal, which is judged by the hierarchically superior court to the one
that took note of the waiver of the claimed right. When the waiver takes place in front of a section
of the High Court of Cassation and Justice, the appeal is judged by the Panel of 5 judges.

SECTION 3 - Suspension of the process

Article 411 - Voluntary suspension

(1) The judge will suspend the trial:

1. when both parties request it;

2. when none of the legally summoned parties appear when the case is called. However, the case
is tried if the plaintiff or the defendant has requested in writing the trial in absentia.

(2) The request for judgment in absentia produces effects only in the court in front of which it
was formulated.

Article 412 - Legal suspension

(1) The judgment of the cases shall be suspended by law:

1. by the death of one of the parties, until the prosecution of the heirs, except when the interested
party requests a term for their prosecution;

2. by judicial interdict or putting a party under guardianship, until the guardian or curator is
appointed;

3. by the death of the representative or trustee of one of the parties, occurring less than 15 days
before the day of appearance, until the appointment of a new representative or trustee;

4. by terminating the function of the guardian or curator, until the appointment of a new
guardian or curator;

5. when the legal entity is dissolved, until the appointment of the liquidator;

6. by opening the insolvency procedure, based on a final court decision, if the debtor must be
represented, until the appointment of the administrator or the judicial liquidator;

7. if the court formulates a request for a preliminary ruling addressed to the Court of Justice of
the European Union, according to the provisions of the treaties on which the European Union is
founded;

8. in other cases provided by law.

(2) However, the facts provided for in para. (1) does not prevent the pronouncement of the
decision, if they occurred after the closing of the debates.

Article 413 - Optional suspension

(1) The court may suspend the trial:

1. when the resolution of the case depends, in whole or in part, on the existence or non-existence
of a right that is the subject of another judgment;

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11. when, in a similar case, the Court of Justice of the European Union was notified with a request
for a preliminary decision; Tentrom Paradise

( From 21-Dec-2018 Art. 413, paragraph (1), point 1. of book II, title I, chapter III, section 3
completed by Art. I, point 38. of Law 310/2018 )

2. when the criminal investigation was started for a crime that would have a decisive influence on
the decision to be given, if the law does not provide otherwise;


(2) The suspension will last until the decision pronounced in the case that caused the suspension
has become final.

(3) However, the court may return the suspension with reasons, if it is found that the party that
requested it does not behave diligently in the process that caused the suspension, delaying its
resolution, or if the criminal investigation that caused the suspension continues more than a year
from the date on which the suspension took place, without ordering a solution in that case.

Article 414 - Suspension decision

(1) On the suspension of the trial, the court will rule by closing, which can be appealed,
separately, to the hierarchically superior court. When the suspension was ordered by the High
Court of Cassation and Justice, the decision is final.

( From 10-Mar-2017 Art. 414, paragraph (1) of book II, title I, chapter III, section 3 see appeal
in the interest of the law Decision 2/2017 )

(2) The appeal can be filed as long as the suspension of the course of the trial lasts, both against
the conclusion by which the suspension was ordered, and against the conclusion by which the
rejection of the request to resume the trial was ordered.

Article 415 - Resumption of trial

The judgment of the suspended case is resumed:

1. by the reopening request made by one of the parties, when the suspension was ordered by the
parties' consent or due to their absence;

2. through the request to reopen the process, made showing the heirs, guardian or curator, the
one represented by the deceased trustee, the new trustee or, as the case may be, the interested
party, the liquidator, the judicial administrator or the judicial liquidator, in the cases provided for
in art. 412 para. (1) points 1-6;

3. ex officio, in the cases provided for in art. 412 para. (1) point 7, after the pronouncement of the
decision by the Court of Justice of the European Union, respectively in the cases provided by art.
520 para. (2) and (4), after the pronouncement of the decision by the High Court of Cassation
and Justice;

( From 21-Dec-2018 Art. 415, point 3. of book II, title I, chapter III, section 3 amended by Art. I,
point 39. of Law 310/2018 )

4. through other methods provided by law.

SECTION 4 - Expiration of the application

Article 416 - Claims subject to limitation

(1) Any request for summons, appeal, appeal, appeal, review and any other request for
reformation or retraction shall expire by law, even against the incapacitated, if it remained idle
for reasons attributable to the party, for 6 months.

(2) The statute of limitations runs from the last procedural act completed by the parties or the
court.

(3) The cases when the procedural act had to beBalcon

Copertine carried out& exTerasă
officio, as well as those when, for
reasons that are not imputable to the party, the request did not reach the competent court or the
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trial date cannot be fixed, do not Customizabile: Culori,
constitute causes dimensiuni, mecanism de strângere. Alege Tentrom Paradise!
of limitation.

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Article 417 - Interruption of the course of extinction

The statute of limitations is interrupted by the fulfillment of a procedural act made in order to
judge the process by the party that justifies an interest.

Article 418 - Suspension of the expiration date

(1) The statute of limitations is suspended for the duration of the suspension of the judgment,
pronounced by the court in the cases provided for in art. 413, as well as in other cases established
by law, if the suspension is not caused by the lack of perseverance of the litigants.

(2) In the cases provided for in art. 412, the statute of limitations is suspended for one month
from the date on which the facts that led to the suspension of the judgment occurred, if these
facts occurred within the last 3 months of the statute of limitations.

(3) The statute of limitations is also suspended for as long as the party is prevented from standing
in court due to well-justified reasons, as well as in other cases expressly provided by law.

Article 419 - The effects of the request on the co-participants

If there are several plaintiffs or defendants together, the request for limitation or the act of the
procedure interrupting the limitation of one of them also benefits the others.

Article 420 - Expiration procedure

(1) Expiration is established ex officio or at the request of the interested party. The judge will
urgently summon the parties and order the registrar to draw up a report on the procedural
documents related to the statute of limitations.

(2) The statute of limitations can also be invoked by way of exception in the council chamber or in
a public meeting.

(3) The limitation of the summons request cannot be raised for the first time in the court of
appeal.

Article 421 - The statute of limitations

(1) If the court finds that the statute of limitations has not intervened, it pronounces a conclusion
that can be challenged together with the merits of the case.

(2) The decision establishing the statute of limitations is subject to appeal, to the hierarchically
superior court, within 5 days from the pronouncement. When the statute of limitations is
established by a section of the High Court of Cassation and Justice, the appeal is judged by the
Panel of 5 judges.

Article 422 - Effects of expiration

(1) Prescription renders all procedural documents made in that court ineffective.

(2) When a new request for summons is made, the parties may use the evidence administered
during the trial of the expired request, to the extent that the new court considers that it is not
necessary to restore them.

Article 423 - Statute of limitations

Any request addressed to a court and which remained idle for 10 years expires by law, even in the
absence of reasons imputable to the party. The provisions of art. 420 is applied accordingly.

CHAPTER IV: Court decisions


SUBSECTION 1 - A§1. Naming, preparation

Copertine andBalcon
communication of the decision
& Terasă

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Article 424 - Name of decisions
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(1) The decision by which the case is resolved by the first instance or by which it is disinvested
without resolving the case is called the sentence.

(2) The decision by which the court resolves the appeals against the decisions of the public
administration authorities with jurisdictional activity and of other bodies with such activity, in
the cases provided by law, is called the sentence.

(3) The decision by which the court rules on the appeal, the appeal and the appeal in the interest
of the law, as well as the decision pronounced as a result of the annulment on appeal of the
decision of the first court and the retention of the case for trial or as a result of the retrial of the
case on the merits after the cancellation with retention in appeal it is called a decision.

(4) The decision by which the court pronounces on the annulment appeal or on the revision is
called, as the case may be, sentence or decision.

(5) All other decisions given by the court are called closures, unless the law provides otherwise.

Article 425 - Content of the decision

(1) The decision will include:

a) the introductory part, in which the mentions stipulated in art. 233 para. (1) and (2). When the
debates were recorded at the end of the session, the introductory part of the decision will include
only the name of the court, the file number, the date, the name, surname and quality of the
members of the trial panel, the name and surname of the clerk, the name and surname of the
prosecutor, if he participated at the trial, as well as the mention that the other data are shown at
the end;

b) the considerations, in which the object of the request and the brief arguments of the parties
will be shown, the exposition of the factual situation retained by the court based on the evidence
administered, the factual and legal reasons on which the solution is based, showing both the
reasons for which - they admitted, as well as those for which the requests of the parties were
removed;

c) the device, in which will be shown the name, surname, personal numerical code and domicile
or residence of the parties or, as the case may be, the name, headquarters, unique registration
code or fiscal identification code, registration number in the trade register or registration in the
register of legal entities and the bank account, the solution given to all the claims submitted to
the court and the amount of court costs granted.

(2) If the decision was given in favor of several plaintiffs or against several defendants, it will be
shown what is due to each plaintiff and what each defendant is obligated to or, when appropriate,
if the rights and obligations of the parties are joint or indivisible.

(3) In the final part of the device, it will be shown whether the decision is enforceable, is subject
to an appeal or is final, the date of its pronouncement, the mention that it was pronounced in a
public meeting or in another way provided by law, as well as the signatures to the members of the
panel of judges. When the decision is subject to appeal or appeal, the court to which the
application for the exercise of appeal is submitted will also be indicated.

Article 426 - Drafting and signing of the decision

(1) The decision is drawn up by the judge who decided the case. When judicial assistants or
assistant magistrates are included in the composition of the panel of judges, the president will be
able to appoint one of them to draft the decision.

( From 21-Dec-2018 Art. 426, paragraph (1) of book II, title I, chapter IV, section 1, subsection 1

(2) If one of the judges or judicial assistants was in the minority during the deliberation, he will
write his separate opinion, which will include the statement of considerations, the solution he
proposed and his signature. Also, the judge who agrees with the solution, but for different
reasons, will draft the competing opinion separately.

(3) The decision will be signed byCopertine

the members of the trial panel
Balcon and by the clerk.
& Terasă

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(4) If one of the judges is prevented from signing the decision, it will be signed in his place by the
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president of the panel, and if he or Paradise
the sole judge is in such a situation, the decision will be signed
by the president of the court. When the obstruction concerns the registrar, the decision will be
signed by the chief registrar. In all cases, the decision mentions the cause that determined the
obstruction.

NOTE : The situation in which the decision drafted by one of the members of the appeal panel is
signed only by the drafting judge, while, for the other members, it is signed by the president of
the panel or by the president of the court, under the conditions of art. 426 para. (4) of the Code of
Civil Procedure, does not fall within the hypothesis provided by the provisions of art. 503 para.
(2) point 1 of the Civil Procedure Code.

( From 17-Sep-2019 Art. 426, paragraph (4) of book II, title I, chapter IV, section 1, subsection 1
see application references from the Act of Decision 26/2019 )

(5) The decision is drawn up and signed within no more than 30 days from the date of the
pronouncement, following that, in well-reasoned cases, this term may be extended by 30 days, at
most twice. The separate opinion of the judge remaining in the minority, as well as, when
applicable, the concurrent opinion are drawn up and signed within the same term.

( From 21-Dec-2018 Art. 426, paragraph (5) of book II, title I, chapter IV, section 1, subsection 1

(6) The decision will be drawn up in two original copies, one of which will be attached to the case
file, and the other will be submitted for preservation to the court's decision file.

Article 427 - Communication of the decision

(1) The decision will be communicated ex officio to the parties, in a copy, even if it is final. The
communication will be made as soon as the decision has been drawn up and signed in accordance
with the law.

(2) The final decisions by which an entry was ordered in the land register or, as the case may be,
in other public registers shall be communicated ex officio to the institution or authority that
keeps those registers.

(3) The final decisions ordering the cancellation, in whole or in part, of a notarial deed are
immediately communicated ex officio to the instrumenting notary public, directly or through the
chamber of notaries public in whose jurisdiction it operates.

(4) Also, the decisions by which the court pronounces itself in relation to provisions contained in
the Treaty on the functioning of the European Union and in other legal acts of the European
Union are communicated, ex officio, even if they are not final, to the national authority or
institution with attributions regulation in the matter.

Article 428 - Additions, changes or corrections

Additions, changes or corrections in the content of the decision must be signed by the judges,
under the penalty of not taking them into account.

SUBSECTION 2 - A§2. The effects of the court decision

Article 429 - Disinvestment of the court

After pronouncing the decision, the court disinvests and no judge can go back on his opinion.

Article 430 - The res judicata authority

(1) The judicial decision that resolves, in whole or in part, the merits of the trial or rules on a
procedural exception or on any other incident has, from the time of its pronouncement, the
authority of a res judicata regarding the settled matter.

(2) The res judicata authority regards the device, as well as the considerations on which it is
based, including those by which a litigious matter was resolved.

(3) The judicial decision by which a provisional

Copertine measure&isTerasă
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authority over the merits.

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(4) When the decision is subject to appealParadise
or appeal, the res judicata authority is provisional.

(5) The contested decision with the annulment or review appeal retains its authority as a res
judicata until it is replaced by another decision.

Article 431 - Effects of judgment

(1) No one can be sued twice in the same capacity, based on the same cause and for the same
object.

(2) Any of the parties may oppose the previously adjudicated matter in another litigation, if it is
related to the resolution of the latter.

Article 432 - Exception to res judicata authority

The exception of the res judicata authority can be invoked by the court or by the parties in any
state of the process, even before the court of appeal. As an effect of admitting the exception, the
party may be created in its own appeal a worse situation than that in the challenged decision.

Article 433 - Executive power

The court decision has enforceable power, under the conditions provided by law.

Article 434 - Probative force

The court decision has the probative force of an authentic entry.

Article 435 - Obligation and opposition of the decision

(1) The court decision is binding and produces effects only between the parties and their
successors.

(2) The decision is enforceable against any third party as long as the latter does not, in
accordance with the law, provide evidence to the contrary.

SECTION 2 - Decisions given based on the recognition of claims

Article 436 - Cases

(1) When the defendant has fully or partially recognized the plaintiff's claims, the court, at the
latter's request, will issue a decision to the extent of the recognition.

(2) If the recognition is partial, the trial will continue with regard to the remaining unrecognized
claims, the court will issue a new decision on them.

Article 437 - Appeal

(1) The decision provided for in art. 436 can only be appealed to the hierarchically superior court.

(2) When the recognition of the claims was made before the court of appeal, the decision of the
first court will be annulled to the extent of the recognition, ordering the admission, accordingly,
of the request. The provisions of art. 436 para. (2) remain applicable.

SECTION 3 - The decision approving the consent of the parties

Article 438 - The conditions under which the transaction can be noted

(1) The parties can appear at any time during the trial, even without having been summoned, to
ask for a decision to confirm their transaction.

(2) If the parties appear on the day set for the trial, the request for the decision may be received
even by a single judge.

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(3) If the parties appear on another day, the court will give its decision in the council chamber.
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Article 439 - The form of the transaction

The transaction will be concluded in writing and will form the device of the decision.


The decision confirming the transaction entered into between the parties can be challenged, for
procedural reasons, only by appeal to the hierarchically superior court.

Article 441 - Scope

The provisions of this section shall be applied accordingly in the event that the parties wish to
follow the mediation procedure.

SECTION 4 - Correcting, clarifying and completing the decision

Article 442 - Addressing the decision

(1) Errors or omissions regarding the names, quality and support of the parties or the
calculations, as well as any other material errors included in decisions or conclusions can be
corrected ex officio or upon request.

(2) The court pronounces by conclusion given in the council chamber. The parties will be
summoned only if the court considers it necessary for them to give certain clarifications.

(3) In the case of decisions, the correction will be made in both copies of the decision.

Article 443 - Clarification of the decision and removal of contradictory provisions

(1) If clarifications are needed regarding the meaning, scope or application of the provision of the
decision or if it contains contradictory provisions, the parties may ask the court that pronounced
the decision to clarify the provision or to remove the contradictory provisions.

(2) The court will resolve the urgent request, through a conclusion given in the council chamber,
with the summoning of the parties.

(3) The conclusion will be attached to the decision, both in the case file and in the court's decision
file.

Article 444 - Completion of the decision

(1) If by the given decision the court failed to rule on a main or accessory claim or on a related or
incidental claim, the completion of the decision can be requested within the same term in which
an appeal or appeal against of that decision, and in the case of decisions given in extraordinary
appeals or in the merits after cancellation with retention, within 15 days from the
pronouncement. In the case of final decisions pronounced on appeal or appeal, their completion
can be requested within 15 days from the communication.

( From 21-Dec-2018 Art. 444, paragraph (1) of book II, title I, chapter IV, section 4 amended by

(2) The request is resolved urgently, with the summoning of the parties, by a separate decision.
The provisions of art. 443 para. (3) is applied accordingly.

(3) The provisions of this article also apply if the court failed to rule on the requests of witnesses,
experts, translators, interpreters or defense attorneys, regarding their rights.

Article 445 - Mandatory procedure

Correcting, clarifying, removing contradictory provisions or supplementing the decision cannot

be requested by way of appeal or appeal, but only under the conditions of art. 442-444.

Article 446 - Appeals Copertine Balcon & Terasă

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The conclusions pronounced under art. 442 and 443, as well as the decision pronounced
according to art. 444 are subject Tentrom Paradise
to the same appeals as the decisions in connection with which, as
the case may be, the rectification, clarification or removal of contradictory provisions or
completion was requested.

Article 447 - Support of court costs

If the request for correction, clarification or completion of the decision was admitted, the
expenses incurred by the party in these requests will be borne by the state, from the fund
established according to the law. When the request was rejected, the costs will be borne by the
party according to common law.

SECTION 5 - Provisional enforcement

Article 448 - Provisional execution of law

(1) The decisions of the first court are enforceable by law when they have as their object:

1. establishing the manner of exercising parental authority, establishing the residence of the
minor, as well as the manner of exercising the right to have personal ties with the minor;

2. payment of salaries or other rights derived from legal employment relationships, as well as the
sums due, according to the law, to the unemployed;

3. compensation for work accidents;

4. annuities or sums owed as a maintenance obligation or allowance for children, as well as

pensions granted under social insurance;

5. compensations in case of death or injury to bodily integrity or health, if the compensations

were granted in the form of periodic cash benefits;

6. quick repairs;

7. putting or removing the seal or making the inventory;

8. requests regarding possession, only regarding possession;

9. the decisions pronounced on the basis of the defendant's recognition of the plaintiff's claims,
pronounced under the conditions of art. 436;

10. in any other cases where the law provides that the decision is enforceable.

(2) Execution of the decisions provided for in para. (1) has a provisional character.

Article 449 - Provisional judicial enforcement

(1) The court can approve the provisional execution of the decisions regarding the goods
whenever it considers that the measure is necessary in relation to the proven validity of the right
or the state of insolvency of the debtor, as well as when it considers that the immediate failure to
take this measures is clearly detrimental to the creditor. In these cases, the court will be able to
compel the creditor to pay a bond, under the conditions of art. 719 para. (2) and (3).

(2) Provisional enforcement cannot be granted:

1. In terms of moving across borders, dismantling constructions, plantations or any works having
a fixed location;

2. when the decision orders the tabulation of a right or its deletion from the land register.

(3) The request for provisional enforcement can be made in writing, as well as verbally in court
until the closing of the debates.

(4) If the request was rejected byCopertine

the first instance, it can be&made
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Article 450 - Suspension of provisional execution
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(1) The suspension of the provisional execution may be requested either through the appeal
request, or separately during the entire course of the appeal trial.

(2) The application will be filed at the first instance or, as the case may be, at the appeals court. In
the latter situation, a legalized copy of the ruling will be attached to the request.

(3) The request for suspension will be judged by the court of appeal. The provisions of art. 719
para. (6) are applicable accordingly.

( From 21-Dec-2018 Art. 450, paragraph (3) of book II, title I, chapter IV, section 5 amended by

(4) The suspension can only be approved with the payment of a bond, the amount of which will
be determined by the court under the conditions of art. 719 para. (2) and (3).

(5) Until the request for suspension is resolved, it may be approved provisionally, by presidential
ordinance, even before the arrival of the file, in compliance with the requirement stipulated in
para. (4) .

( From 20-iul-2015 Art. 450, paragraph (5) of book II, title I, chapter IV, section 5 see appeal in

SECTION 6 - Court costs

Article 451 - Amount of legal expenses

(1) Court expenses consist of judicial stamp fees and the judicial stamp, the fees of lawyers,
experts and specialists appointed under the conditions of art. 330 para. (3) , the sums due to the
witnesses for travel and the losses caused by the necessity of being present at the trial, the
expenses of transport and, if necessary, of accommodation, as well as any other expenses
necessary for the proper development of the trial.

(2) The court may, even ex officio, reduce the part of the court costs representing the attorneys'
fee, when it is seen to be disproportionate in relation to the value or complexity of the case or the
activity carried out by the attorney, taking into account the circumstances of the case. The
measure taken by the court will not have any effect on the relations between the lawyer and his
client.

(3) The provisions of para. (2) applies accordingly to the payment of judicial experts and
specialists appointed under the conditions of art. 330 para. (3) .

(4) However, it will not be possible to reduce the court expenses, having as their object the
payment of the judicial stamp duty and the judicial stamp, as well as the payment of the sums due
to the witnesses according to para. (1) .

Article 452 - Proof of legal expenses

- The party claiming court costs must, under the law, prove their existence and extent, at the
latest on the closing date of the debates on the merits of the case.

Article 453 - Awarding court costs

(1) The losing party will be obliged, at the request of the winning party, to pay court costs.

( From June 28, 2016, Art. 453, paragraph (1) of book II, title I, chapter IV, section 6, see appeal

( From 06-Nov-2017 Art. 453, paragraph (1) of book II, title I, chapter IV, section 6 see
application references from Decision 59/2017 )

(2) When the request was admitted only in part, the judges will determine the extent to which
each of the parties can be obliged to pay court costs. If necessary, the judges will be able to order
the compensation of court costs.

Article 454 - Exemption of the Tentrom Paradise

defendant from payment

The defendant who admitted, at the first court term at which the parties are legally summoned,
the plaintiff's claims will not be obliged to pay the court costs, except for the case in which, prior
to the start of the trial, he was delayed by the plaintiff or rightfully late. The provisions of art. 1.
522 par. (5) of the Civil Code remain applicable.

Article 455 - The situation of several plaintiffs or defendants

If there are more plaintiffs or more defendants in the case, they may be obliged to pay the court
costs equally, proportionally or jointly, according to their position in the process or the nature of
the existing legal relationship between them.

TITLE II: Appeals

CHAPTER I: General provisions


The ordinary way of appeal is the appeal, and the extraordinary ways of appeal are the appeal, the
annulment appeal and the review.

Article 457 - Legality of appeal

(1) The court decision is subject only to the appeals provided by the law, under the conditions and
terms established by it, regardless of the mentions in its provision.

( From 06-Feb-2017 Art. 457, paragraph (1) of book II, title II, chapter I see appeal in the
interest of the law Decision 19/2016 )

(2) The inaccurate mention in the content of the decision regarding the appeal opened against it
has no effect on the right to exercise the appeal provided by law. The incorrect indication by the
court of the term for the exercise of the right of appeal constitutes the reason for ex officio
reinstatement of the right of appeal exercised in compliance with the wrong indication of the
court.

( From 21-Dec-2018 Art. 457, paragraph (2) of book II, title II, chapter I amended by Art. I,
point 43. of Law 310/2018 )

(3) If the court rejects as inadmissible the appeal not provided for by law, exercised by the
interested party in consideration of the inaccurate mention in the decision regarding the appeal,
the decision pronounced by the court of judicial review will be communicated, ex officio, to all the
parties who they took part in the trial in which the contested decision was pronounced. From the
date of communication, if applicable, the term for exercising the right of appeal provided by law
begins to run.

(4) When the court orders the requalification of the appeal, from the date of the pronouncement
of the decision, for the present parties, or from the date of communication of the decision, for the
parties who were absent, a new term will run for the declaration or, as the case may be, the
motivation of the appeal attack provided by law.

( From 06-Feb-2017 Art. 457, paragraph (4) of book II, title II, chapter I see appeal in the
interest of the law Decision 19/2016 )

Article 458 - Subjects of appeals

Appeals can be exercised only by the parties in the process who justify an interest, except in the
case where, according to the law, other bodies or persons also have this right.

Article 459 - Order of appeals

(1) The extraordinary means of appeal cannot be exercised as long as the appeal is open.

(2) In the case of decisions subject to appeal, if this has not been exercised, the appeal is
inadmissible. However, a decision susceptible to appeal and appeal can be appealed, within the
appeal term, directly with an appeal, to the court that would have been competent to judge the
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on appeal, if the dimensiuni,
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or by verbal declaration, given Tentrom
before the court whose decision is appealed and recorded in a
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report. In this case, the appeal can be exercised only for the violation or wrong application of the
rules of substantive law.

(3) The extraordinary means of appeal can be exercised simultaneously, under the conditions of
the law. The appeal is judged with priority.

Article 460 - Unique appeal

(1) An appeal can be exercised against a decision only once, if the law provides for the same
period of exercise for all reasons existing on the date of the declaration of that appeal.

(2) If by the same decision, ancillary claims were resolved, the decision is subject to the appeal
provided by law for the main claim in its entirety.

(3) In case several main or incidental requests were resolved by the same decision, some of which
are subject to appeal, and others to appeal, the entire decision is subject to appeal. The appealed
decision is subject to appeal.

(4) If the decision regarding a main or incidental request is not subject to appeal or appeal, the
decision regarding the other requests is subject to appeals under the law.

(5) In the cases provided for in para. (2) -(4), the term of appeal or, as the case may be, of appeal
is that of common law, even if special laws provide otherwise.

Article 461 - The part of the decision that can be appealed

(1) The appeal is directed against the solution included in the operative part of the decision.

(2) However, if the appeal refers only to the considerations of the decision by which legal issues
were dismissed that are not related to the judgment of that trial or that are wrong or include
findings of fact that prejudice the party, the court, admitting the appeal, will remove those
considerations and replace them with its own considerations, maintaining the solution contained
in the operative part of the contested decision.

Article 462 - Understanding of the parties in appeals

The parties can request the court legally invested with the resolution of an appeal to take note of
their agreement regarding the resolution of the dispute. The provisions of art. 438-441 are

Article 463 - Acquisition by decision

(1) Acquiescing to the decision represents the renunciation of a party to the appeal that it could
use or that it has already exercised against all or certain solutions from the respective decision.

(2) The acquisition, when it is conditioned, does not produce effects unless it is expressly
accepted by the opposing party.

(3) The provisions of art. 404 remain applicable.

Article 464 - Types of acquisition

(1) Acquisition can be express or tacit, total or partial.

(2) The express purchase is made by the party by means of an authentic deed or by a verbal
declaration in front of the court or by the trustee or on the basis of a special power of attorney.

(3) Tacit acquisition can only be inferred from precise and concordant documents or facts that
express the clear intention of the party to agree to the decision.

(4) The acquisition can be total, if it concerns the decision in its entirety or, as the case may be,
partial, if it concerns only a part of the respective decision.

Article 465 - Judicial administration measuresBalcon

Copertine & Terasă

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Judicial administration measures cannot be subject to any appeal.
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CHAPTER II: The Appeal

Article 466 - The main appeal. The object

(1) Decisions pronounced in the first instance may be appealed, if the law does not expressly
provide otherwise.

(2) Decisions given in the last instance are also subject to appeal if, according to the law, the court
could only judge in the first instance.

(3) The decisions given in the last instance remain non-appealable, even if it was shown in the
decision that they were pronounced in the first instance.

(4) Against the preliminary conclusions, an appeal can only be made together with the merits,
except when the law provides otherwise.

Article 467 - Situations in which the party cannot make a main appeal

(1) The party that has expressly waived the appeal regarding a decision no longer has the right to
file a main appeal.

(2) The party that partially executed the decision of the first instance, although it was not
susceptible to provisional execution, no longer has the right to make a main appeal regarding the
executed provisions.

Article 468 - The term of appeal

(1) The appeal deadline is 30 days from the communication of the decision, unless the law
provides otherwise.

(2) The appeal deadline provided for in para. (1) flows from the communication of the decision,
even when it was made together with the conclusion of the approval of the forced execution.

(3) If a party appeals before the communication of the decision, it is considered communicated
on the date of submission of the appeal request.

(4) For the prosecutor, the appeal term runs from the pronouncement of the decision, except in
cases where the prosecutor participated in the trial of the case, when the appeal term runs from
the communication of the decision.

(5) The term of appeal suspends the execution of the decision of the first instance, with the
exception of the specific cases provided by law. In the same conditions, the execution is
suspended if the appeal was exercised within the deadline.

Article 469 - Interruption of the appeal term

(1) The appeal term is interrupted by the death of the party interested in appealing. In this case, a
single communication of the decision is made again, to the last domicile of the party, in the name
of the inheritance, without showing the name and quality of each heir.

(2) The appeal period will begin to run again from the date of the communication provided for in
paragraph. (1) . For incapacitated heirs, those with reduced or missing capacity or in case of
vacant inheritance, the term will run from the day on which the guardian, curator or provisional
administrator will be appointed, as the case may be.

(3) The appeal does not by itself constitute an act of acceptance of the inheritance.

(4) The appeal term is also interrupted by the death of the trustee to whom the communication
was made. In this case, a new communication will be made to the party, at its domicile, and the
appeal term will start running again from this date.

Article 470 - Appeal request

(1) The appeal request will include: Mai multe

Tentrom Paradise
a) the name and surname, personal numerical code, domicile or residence of the parties or, for
legal entities, their name and headquarters, as well as, as the case may be, the unique registration
code or fiscal identification code, registration number in the trade register or registration number
in the register of legal entities and the bank account. If the appellant lives abroad, he will also
show his chosen domicile in Romania, where all communications regarding the process will be
made to him;

b) indication of the contested decision;

c) the factual and legal grounds on which the appeal is based;

d) the evidence invoked in support of the appeal;

e) signature.

(2) Proof of stamp duty payment shall be attached to the appeal request.

(3) The requirements from para. (1) lit. b) and e) and the one from para. (2) are provided under
the penalty of nullity, and those from par. (1) lit. c) and d), under penalty of forfeiture. The lack of
signature can be fulfilled under the conditions of art. 196 para. (2) , and the lack of proof of
payment of the stamp duty can be fulfilled until the first court term at which the party was legally
summoned in the appeal.

(4) When the proposed evidence is witnesses or documents not shown at the first instance, the
provisions of art. 194 lit. e) .

(5) If the term for exercising the appeal runs from a different moment than the communication of
the decision, the reasons for the appeal will be made within a term of the same duration, which
runs, however, from the date of communication of the decision.

Article 471 - Submission of the appeal request

(1) The appeal and, when appropriate, the reasons for the appeal shall be submitted to the court
whose decision is appealed, under penalty of nullity.

(2) The provisions of art. 195 are applicable accordingly.

(3) The president of the court or the person designated by him will submit the file to the court of
appeal, together with the appeals made, only after the appeal deadline has been met for all
parties.

( From 21-Dec-2018 Art. 471, paragraph (3) of book II, title II, chapter II amended by Art. I,
point 44. of Law 310/2018 )

(4) If both an appeal and requests have been made according to art. 442-444, the file will not be
sent to the appellate court until after the completion of the appeal term regarding the decisions
given on these last requests.

( From 21-Dec-2018 Art. 471, paragraph (4) of book II, title II, chapter II amended by Art. I,
point 44. of Law 310/2018 )

(5) [text from Art. 471, para. (5) from book II, title II, chapter II was repealed on 21-Dec-2018 by
Art. I, point 45. of Law 310/2018]




Article 4711 - Preparation of theCopertine

appeal judgment
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(1) The president of the court of appeal or the person designated by him, as soon as he receives
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the file, will take measures for the randomParadise
assignment to a panel of judges.

(2) If the appeal request does not meet the conditions provided by the law, the panel to which the
file was assigned will determine the deficiencies of the appeal request and will inform the
appellant in writing that it has the obligation to complete or modify the request. Completion or
modification of the application will be done within 10 days at most from the date of
communication.

(3) After receiving the file or, when applicable, after regularizing the appeal request according to
para. (2) , the panel will order the communication of the appeal request, as well as the reasons for
the appeal, to the respondent, together with the certified copies of the attached documents that
were not presented at the first instance, bearing in mind the obligation to submit to reception file
within no more than 15 days from the date of communication.

(4) The summons filed shall be communicated to the appellant immediately, giving him the
possibility to file a response to the summons within 10 days from the date of communication. The
respondent will take note of the response to the summons from the case file.

(5) Within 3 days from the date of submission of the summons, the judge fixes by resolution the
first trial term, which will be no more than 60 days from the date of the resolution, ordering the
parties to be summoned.

(6) In the event that the respondent did not file a summons within the term stipulated in para. (3)
, on the expiry date of the respective term, the judge fixes by resolution the first trial term, which
will be no more than 60 days from the date of the resolution, ordering the parties to be
summoned.

(7) The provisions of art. 201 para. (5) and (6) apply accordingly.

(8) The main, incidental and challenged appeals made against the same decision will be assigned
to the same court panel. When the calls were distributed to different teams, the last invested team
will administratively order the call to be sent to the first invested team.

( From 21-Dec-2018 Art. 471 of book II, title II, chapter II supplemented by Art. I, point 46. of
Law 310/2018 )

Article 472 - Appeal incident

(1) The respondent has the right, after the expiry of the appeal term, to formulate a written
appeal, in the process in which the appeal made by the opposing party is judged, through a
request of his own to change the decision of the first court.

(2) If the main appellant withdraws his appeal or if it is rejected as late, as inadmissible or for
other reasons that do not involve the examination of the merits, the incidental appeal provided
for in para. (1) remains without effect.

Article 473 - Challenged appeal

In case of procedural co-participation, as well as when third parties intervened in the trial at the
first instance, the respondent has the right, after fulfilling the appeal term, to declare a written
appeal against another respondent or a person who appeared in the first instance and who is not
a party to the main appeal, if the latter would be of a nature to produce consequences on his legal
situation in the process. The provisions of art. 472 para. (2) is applied accordingly.

Article 474 - Filing of the incident appeal and the challenged appeal

(1) The incident appeal and the challenged appeal are submitted by the defendant together with
the appearance of the main appeal, the provisions of art. 4711 para. (4) .

(2) The challenged appeal is also communicated to the respondent from this appeal, provided for
in art. 473, this being obliged to submit the appearance within the term stipulated in art. 4711
para. (4), which is applied accordingly. The one who exercised the challenged appeal will receive
the acknowledgment of receipt from the case file.

( From 21-Dec-2018 Art. 474 of book II, title II, chapter II amended by Art. I, point 47. of Law
310/2018 )

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Article 475:
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[ Art. 475 of book II, title II, chapter II was repealed on 21-Dec-2018 by Art. I, point
48. of Law 310/2018 ]

Article 476 - Devolutionary effect of the appeal

(1) The appeal exercised within the deadline causes a new trial on the merits, the
court of appeal ruling both on facts and on law.

(2) In case the appeal is not motivated or the motivation of the appeal or the
response does not include reasons, means of defense or new evidence, the court of
appeal will rule, on the merits, only on the basis of what was invoked at the first
instance.

(3) Through the appeal, it is possible not to request the judgment on the merits or
the retrial, but the annulment of the decision of the first instance and the rejection
or annulment of the request to be summoned to court as a result of invoking an
exception or sending the file to the competent court.

Article 477 - The limits of the devolution effect determined by what was appealed

(1) The appellate court will proceed to rejudge the merits within the limits
established, expressly or implicitly, by the appellant, as well as with regard to the
solutions that are dependent on the part of the decision that was challenged.

(2) Devolution will operate with respect to the entire case when the appeal is not
limited to certain solutions in the device or when it tends to annul the decision or if
the object of the litigation is indivisible.

Article 478 - The limits of the devolution effect determined by what was submitted
to the judgment at the first instance

(1) An appeal cannot change the procedural framework established before the first
court.

(2) The parties will not be able to use before the court of appeal other reasons,
means of defense and evidence than those invoked at the first instance or shown in
the reasons for the appeal or in the presentation. The appellate court can also
approve the administration of evidence whose necessity results from debates.

(3) In the appeal, the quality of the parties, the cause or the object of the summons
cannot be changed, nor can new claims be formulated.

(4) The parties may, however, explain the claims that were included implicitly in
the requests or defenses addressed to the first court.

(5) It will also be possible to demand interest, installments, overdue income and
any other compensations arising after the first court's decision and legal
compensation can be invoked.

Article 479 - Special provisions regarding judgment

(1) The appeal court will verify, within the limits of the appeal request, the
establishment of the factual situation and the application of the law by the first
court. Reasons of public order can also be invoked ex officio.

(2) The appellate court may order the restoration or completion of the evidence
administered at first instance, if it considers that they are necessary for the
resolution of the case, as well as the administration of new evidence proposed
under the conditions of art. 478 para. (2) .

Article 480 - The solutions pronounced by the court of appeal

(1) The appellate court can uphold the appealed

Copertine Balcondecision,
& Terasă in which case, as the case
may be, it will reject, cancel the appeal or find its expiration.

(2) If the appeal is accepted,Tentrom Paradise

the court can cancel or, as the case may be, change the
appealed decision in whole or in part.

(3) In the event that it is found that, in a wrong way, the first court resolved the trial
without entering into the trial of the merits or the trial was held in the absence of
the party that was not legally summoned, the court of appeal will annul the
contested decision and judge the process, evoking the background. However, the
appellate court will cancel the appealed decision and send the case for retrial to the
first court or another court of equal rank to this one in the same district, in case the
parties have expressly requested to take this measure through the appeal request or
through greeting; the retrial can be ordered only once during the process. The
resolution given by the court of appeals of the legal issues, as well as the need to
administer some evidence, are mandatory for the judges of the fund.

(4) If the court of appeal establishes that the first court was incompetent, and the
incompetence was invoked under the terms of the law, it will cancel the appealed
decision and send the case for trial to the competent court or another body with
competent jurisdictional activity or, as the case may be, reject the request as
inadmissible.

(5) If the appellate court finds that it has the competence to judge in the first
instance, it will cancel the contested decision and judge on the merits, pronouncing
a decision susceptible, as the case may be, of appeal or appeal.

(6) When it is established that there is another reason for invalidity than the one
provided in para. (5) , and the first court judged on the merits, the appellate court
annulling in whole or in part the procedure followed before the first court and the
appealed decision, will retain the trial for trial, pronouncing a decision susceptible
of appeal, if necessary.

Article 481 - Not worsening the situation in one's own appeal

The appellant cannot be created in his appeal a worse situation than the one in the
challenged decision, except in the case where he expressly consents to it or in the
specific cases provided by law.

Article 482 - Completion with other rules

The provisions of the procedure regarding the trial in the first instance are also
applied in the court of appeal, to the extent that they are not contrary to those
contained in this chapter.

CHAPTER III: Extraordinary ways of attack

SECTION 1 - Appeal

Article 483 - The object and purpose of the appeal. Competent court

(1) Decisions given on appeal, those given, according to the law, without the right of appeal, as
well as other decisions in the cases expressly provided by law, are subject to appeal.

(2) Decisions pronounced in the requests provided for in art. are not subject to appeal. 94 point 1
letter a) - j3), in those regarding civil navigation and activity in ports, labor and social insurance
conflicts, in matters of expropriation, in claims made in the matter of consumer protection,
insurance, as well as in those arising from the application of Law no. . 77/2016 regarding the
payment of some real estate in order to settle the obligations assumed through loans. Also, the
decisions given by the courts of appeal are not subject to appeal in cases where the law provides
that the decisions of the first instance are only subject to appeal.

( From 21-Dec-2018 Art. 483, paragraph (2) of book II, title II, chapter III, section 1 amended

(3) The appeal seeks to subject the competent court to the examination, under the conditions of
the law, of the conformity of the contested decision with the applicable legal rules.

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by Art. I, point 49. of Law 310/2018 ) Paradise

(4) The appeal is resolved by the court hierarchically superior to the one that issued the contested
decision.


NOTE : In the interpretation and uniform application of the provisions of art. 483, the
competence to resolve the appeals declared against the decisions pronounced on appeal by the
courts, in the cases having as object claims that can be evaluated in money in the amount of up to
200,000 lei inclusive, as a result of the pronouncement of Decision no. 369 of May 30, 2017 of
the Constitutional Court, published in the Official Gazette of Romania, Part I, no. 582 of July 20,
2017, rests with the appeal courts.

( From 14-Nov-2018 Art. 483 of book II, title II, chapter III, section 1 see application references
from the Act of Decision 18/2018 )

Article 484 - Suspension of execution

(1) The appeal legally suspends the execution of the decision in the cases regarding the
dismantling of constructions, plantations or any works with a fixed location, as well as in the
specific cases provided by law.

(2) At the request of the appellant formulated under the conditions of art. 83 para. (2) and (3),
the court notified of the appeal may order, with reasons, the suspension of the appealed decision
in cases other than those referred to in paragraph. (1) . The application is submitted directly to
the appeals court, attaching a certified copy of the appeal application and the proof of depositing
the bond provided for in art. 719. If the request is made before the file reaches the court of appeal,
a legalized copy of the judgment appealed against shall be attached.

(3) The application is judged in the council chamber, with the summoning of the parties through
a procedural agent of the court or through another of its employees or through the methods
provided for in art. 154 para. (4) and (5), as follows:

1. by a specially constituted panel, made up of 3 judges, under the conditions of the law, if the
request was submitted before the file reached the appeals court;

2. [text from Art. 484, para. (3), point 2. of book II, title II, chapter III, section 1 was repealed on
21-Dec-2018 by Art. I, point 50. of Law 310/2018]

3. by the panel that judges the appeal on the merits, if a deadline has been fixed in the public
meeting.

(4) The trial term, for which the summons is issued, is established so that no more than 10 days
pass from the receipt of the request for suspension.

(5) The panel pronounces itself, within 48 hours of the judgment, through a reasoned conclusion,
which is definitive.

(6) [text from Art. 484, para. (6) from book II, title II, chapter III, section 1 was repealed on 21-
Dec-2018 by Art. I, point 51. of Law 310/2018]

(7) For good reasons, the court of appeal can revert to the suspension granted, the provisions of
para. (3) -(5) applying accordingly.

( From 21-Dec-2018 Art. 484, paragraph (7) of book II, title II, chapter III, section 1 amended by

Article 485 - The term of appeal

(1) The term of appeal is 30 days from the communication of the decision, unless the law provides
otherwise. The provisions of art. 468 para. (2) -(4), as well as those of art. 469 is applied
accordingly.

(2) If the respondent did not plead by appearance

Copertine or the file
Balcon does not show that the appeal was
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filed beyond the deadline, it will be considered within the deadline.

Article 486 - Request for appealTentrom Paradise

(1) The appeal request will include the following mentions:

a) the name and surname, domicile or residence of the party in favor of which the appeal is being
exercised, or, as the case may be, the name, surname and domicile of the conventional
representative, the name, surname and professional domicile of the lawyer formulating the
request or, for legal entities, the name and headquarters them, as well as the name and surname
of the legal advisor who prepares the request. These provisions also apply if the appellant lives
abroad;

( From 21-Dec-2018 Art. 486, paragraph (1), letter A. of book II, title II, chapter III, section 1

b) the name and surname, domicile or residence or, as the case may be, the name and
headquarters of the respondent;

c) indication of the contested decision;

d) the grounds of illegality on which the appeal is based and their development or, as the case
may be, the mention that the grounds will be submitted in a separate memorandum;

e) the signature of the party or, as the case may be, of the party's representative, the party's legal
representative or the legal advisor.

( From 21-Dec-2018 Art. 486, paragraph (1), letter E. from book II, title II, chapter III, section 1

(2) The proof of payment of the stamp duty, according to the law, as well as, if applicable, the
special power of attorney, the power of attorney or the delegation of the legal advisor shall be
attached to the appeal request.


(3) The mentions provided in para. (1) lit. a) and c) -e), as well as the requirements mentioned in
para. (2) are provided under penalty of nullity. The provisions of art. 82 para. (1) and of art. 87
para. (2) remain applicable.


Article 487 - Reasons for the appeal

(1) The appeal will be motivated by the appeal request itself, except for the cases provided for in
art. 470 para. (5), applicable also in appeal.

(2) In cases where the Public Ministry participated in the process, a copy of the reasons for
cancellation will be submitted to the prosecutor.

Article 488 - Reasons for cancellation

(1) The annulment of some decisions can only be requested for the following reasons of illegality:

1. when the court was not constituted according to the legal provisions;

2. if the decision was pronounced by a judge other than the one who took part in the debate on
the merits of the trial or by a panel of judges other than the one randomly established to resolve
the case or whose composition was changed, in violation of the law;

3. when the decision was given in violation of the public order competence of another court,
invoked under the conditions of the law;

4. when the court exceeded the powers of the judiciary;


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5. when, by the given decision, the court violated the rules of procedure, the non-compliance of
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which attracts the sanction of nullity;

6. when the decision does not include the reasons on which it is based or when it includes
contradictory reasons or only reasons unrelated to the nature of the case;

7. when the res judicata authority was violated;

8. when the decision was given in violation or incorrect application of the rules of material law.

(2) The reasons provided for in para. (1) they can only be received if they could not be invoked
during the appeal or during the trial of the appeal or, although they were invoked within the
deadline, they were rejected or the court omitted to rule on them.

Article 489 - Penalty for failure to justify the appeal

(1) The appeal is null and void if it was not motivated within the legal term, except for the case
provided for in para. (3) .

(2) The same sanction applies if the cited reasons do not fall within the grounds for annulment
provided for in art. 488.

(3) If the law does not provide otherwise, the grounds for annulment that are of public order can
be raised ex officio by the court, even after the expiry of the appeal's motivation term, either in
the filtering procedure or in the public session.

Article 490 - Filing the appeal

(1) The appeal and, if applicable, the grounds for annulment shall be submitted to the court
whose decision is appealed, under penalty of nullity.

(2) The provisions of art. 4711 is applied accordingly. The term provided for in art. 4711 para. (3)
and (5) are doubled in the case of appeal. When drafting and signing the reception and the
response to the reception, the provisions of art. 83 and art. 84 para. (1) remain applicable.

( From 21-Dec-2018 Art. 490 of book II, title II, chapter III, section 1 amended by Art. I, point
55. of Law 310/2018 )

Article 491 - Incident appeal and challenged appeal

(1) The incident appeal and the challenged appeal can be exercised, in the cases provided for in
art. 472 and 473, which apply accordingly. The provisions of art. 488 remain applicable.


Article 492 - New evidence in appeal

(1) In the court of appeal, no new evidence can be produced, with the exception of new
documents, which can be submitted, under penalty of forfeiture, together with the appeal
request, respectively together with the appearance.

(2) If the appeal is to be resolved in public session, other new documents may be submitted until
the first trial term.

Article 493:

[ Art. 493 of book II, title II, chapter III, section 1 was repealed on 21-Dec-2018 by

Article 494 - Rules regarding judgment

The provisions of the procedure regarding the trial in the first instance and on
appeal are also applied in the court of appeal, to the extent that they are not
contrary to those included in this section.

Article 495 - The order of theTentrom Paradise

floor in the meeting

(1) The president will first give the floor to the appellant, and then to the
respondent.

(2) The prosecutor speaks last, except in the case when he is the appellant. If the
prosecutor started the civil action in which the appealed decision was pronounced,
the prosecutor will be given the floor after the appellant.

Article 496 - The solutions that can be pronounced by the court of appeal

(1) The court, verifying all the reasons cited and judging the appeal, may admit it,
reject it or cancel it or may state that it has lapsed.

( From 21-Dec-2018 Art. 496, paragraph (1) of book II, title II, chapter III, section 1

(2) In case of admission of the appeal, the contested decision can be annulled, in
whole or in part.

Article 497 - The solutions that can be pronounced by the High Court of Cassation
and Justice

The High Court of Cassation and Justice, in case of annulment, sends, once during
the process, the case for a new trial to the court of appeal that pronounced the
annulled decision or, when it is the case and the conditions stipulated in art. 480
para. (3) of the first court, whose decision is also quashed. When the interests of
the good administration of justice require it, the case may be sent to any other court
of the same degree, with the exception of the case of dismissal for lack of
competence, when the case will be sent to the competent court or another body with
jurisdictional activity competent according to the law. If the cancellation was made
because the court exceeded the powers of the judiciary or when the res judicata
authority was violated, the request is rejected as inadmissible.

( From 21-Dec-2018 Art. 497 of book II, title II, chapter III, section 1 amended by

Article 498 - The solutions that can be pronounced by other courts of appeal

(1) In the event that the competence to resolve the appeal belongs to the tribunal or
the court of appeal and the challenged decision has been overturned, the retrial of
the trial on the merits will be done by the court of appeal, either at the time when
the appeal was admitted, situation in which pronounces a single decision, or at
another term established for this purpose.

(2) The courts provided for in para. (1) they will dismiss the case, only once during
the trial, in the event that the court whose decision is being appealed resolved the
trial without going into the trial of the merits or the trial was held in the absence of
the party that was illegally summoned, both to the administration of the evidence,
as well as to the debate on the merits. In order to re-judge, the case is sent to the
court that issued the annulled decision or to another court of the same degree as
this one, from the same district. The provisions of art. 497 is applied accordingly, in
case of incompetence, exceeding the powers of the judiciary and violation of res
judicata authority.

Article 499 - Reasoning of the decision

By derogation from the provisions of art. 425 para. (1) lit. b), the decision of the
court of appeal will include in its considerations only the reasons for annulment
invoked and their analysis, showing why they were accepted or, as the case may be,
rejected. In the event that the appeal is rejected without being examined on the
merits, or it is canceled or found to be time-barred, the appeal decision will include
only the reasoning of the solution without mentioning the analysis of the reasons
for annulment.

Article 500 - Effects of cancellation

(1) The annulled decision has no force. Mai multe

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(2) The acts of execution or insurance made on the basis of such a decision are
annulled by law, unless the court of appeal orders otherwise. The court will find
this, ex officio, through the dispensation of the annulment decision.

Article 501 - Judgment on the merits after annulment

(1) In case of annulment, the decisions of the court of appeal on the unresolved
legal issues are binding for the court that hears the merits.

(2) When the decision was overturned for violating the rules of procedure, the trial
will restart from the annulled act.

(3) After annulment, the court of first instance will judge again, within the limits of
annulment and taking into account all the reasons invoked before the court whose
decision was annulled.

(4) In the case of retrial after annulment, with retention or referral, any evidence
provided by law is admissible.

Article 502 - Not worsening the situation in one's own appeal

At the hearing of the appeal, as well as at the retrial of the trial after the annulment
of the decision by the court of appeal, the provisions of art. 481 are applicable
accordingly.

SECTION 2 - Cancellation appeal

Article 503 - The object and reasons of the annulment appeal

(1) Definitive decisions can be challenged with an appeal for annulment when the appellant was
not legally summoned nor was he present at the time when the trial took place.

(2) The decisions of the courts of appeal can still be challenged with an annulment appeal when:

1. the decision given in the appeal was pronounced by an absolutely incompetent court or in
violation of the rules regarding the composition of the court and, although the corresponding
exception was invoked, the court of appeal omitted to rule on it;

2. the termination of the appeal date is the result of a material error;

3. the court of appeal, rejecting the appeal or admitting it in part, failed to examine any of the
reasons for annulment invoked by the appellant within the deadline;

4. the appeals court did not rule on one of the appeals declared in the case.

(3) The provisions of para. (2) applies accordingly to the decisions of the appeal courts which,
according to the law, cannot be appealed.



(1) The annulment appeal is inadmissible if the reason provided for in art. 503 para. (1) could be
invoked by way of appeal or appeal.

(2) However, the appeal can be received if the reason was invoked by the appeal request, but the
court rejected it because it needed factual verifications incompatible with the appeal or if the
appeal, through no fault of the party, was rejected without being thoroughly investigated.

(3) A decision against which the appeal for annulment was exercised can no longer be appealed
by the same party with a new appeal for annulment, even if other reasons are invoked.

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(1) The annulment appeal is submitted to the court whose decision is appealed.

(2) If reasons are invoked that attract different competences, the extension of the competence
does not operate.

Article 506 - Term of exercise

(1) The annulment appeal can be filed within 15 days from the date of communication of the
decision, but no later than one year from the date when the decision became final.

(2) The appeal shall be justified within the 15-day period provided for in paragraph. (1) , under
penalty of its nullity.


The court can suspend the execution of the decision whose annulment is requested, under the
condition of giving a bond. The provisions of art. 484 is applied accordingly.


(1) The annulment appeal shall be resolved urgently and with priority, according to the
procedural provisions applicable to the trial completed with the appealed decision.

(2) The appearance is mandatory and is submitted to the file at least 5 days before the first court
date. The appellant will learn about its content from the case file.

(3) If the reason for appeal is founded, the court will pronounce a single decision by which it will
annul the contested decision and resolve the case. If it is not possible to resolve the case within
the same term, the court will pronounce a decision canceling the appealed decision and will set a
deadline for the resolution of the case through a new decision. In this last case, the annulment
decision cannot be appealed separately.

(4) The decision appealed for annulment is subject to the same appeals as the contested decision.

SECTION 3 - Review

Article 509 - The object and reasons for the review

(1) The review of a decision pronounced on the merits or that evokes the merits can be requested
if:

1. was pronounced on things that were not requested or was not pronounced on a requested thing
or was given more than was requested;

2. the object of the cause does not exist;

3. a judge, witness or expert, who took part in the trial, was definitively convicted of a crime
related to the case or if the decision was given on the basis of a document declared false during or
after the trial, when these circumstances influenced the solution pronounced in the case. In the
event that the finding of the crime can no longer be made through a criminal decision, the
reviewing court will first rule, incidentally, on the existence or non-existence of the crime
invoked. In this last case, when the application is judged, the person accused of committing the
crime will also be cited;

4. a judge has been subject to definitive disciplinary sanctions for performing his duties in bad
faith or gross negligence, if these circumstances influenced the decision pronounced in the case;

5. after the decision was rendered, evidentiary documents were discovered, withheld by the
opposing party or which could not be presented due to circumstances beyond the will of the
parties;

6. the decision of a court on which the decision whose review is requested was based was
quashed, annulled or changed;

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7. the state or other legal entities under public law, minors and those placed under judicial
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interdiction or those placed under Paradise were not defended at all or were cunningly
guardianship
defended by those tasked with defending them;

8. there are conflicting definitive decisions, given by courts of the same or different degrees,
which violate the res judicata authority of the first decision;

9. the party was prevented from appearing at the trial and notifying the court about it, due to
circumstances beyond his control;

10. The European Court of Human Rights found a violation of fundamental rights or freedoms
due to a court decision, and the serious consequences of this violation continue to occur;

11. after the decision became final, the Constitutional Court ruled on the exception invoked in
that case, declaring unconstitutional the provision that was the object of that exception.

NOTE : The Constitutional Court admits the exception of unconstitutionality and finds that the
phrase "pronounced on the substance or that evokes the substance" from the provisions of art.
509 para. (1) is unconstitutional with reference to the reason for revision provided for in point 11
of their contents.

( From 01-Feb-2016 Art. 509, paragraph (1) of book II, title II, chapter III, section 3 attacked by
(partially admitted exception) Act from Decision 866/2015 )

(2) For the revision reasons provided for in para. (1) point 3, but only in the judge's hypothesis,
point 4, points 7-11 are subject to review and decisions that do not evoke the merits.



(1) The review request is addressed to the court that issued the decision whose review is
requested.

(2) In the case of the provisions of art. 509 para. (1) point 8, the request for revision will be
addressed to a higher court than the court that issued the first decision. If one of the appeal
courts to which these provisions refer is the High Court of Cassation and Justice, the review
request will be judged by this court.

(3) If reasons are invoked that attract different competences, the extension of the competence will
not work.


(1) The review period is one month and will count:

1. in the cases provided for in art. 509 para. (1) point 1, from the communication of the decision;

2. in the case provided for in art. 509 para. (1) point 2, from the last enforcement act;

3. in the cases provided for in art. 509 para. (1) point 3, from the day on which the party became
aware of the criminal court's decision to convict the judge, witness or expert or of the decision
declaring the entry false, but no later than one year from the date the decision became final
criminal. In the absence of such a decision, the term runs from the date when the party became
aware of the circumstances for which the finding of the crime can no longer be made through a
criminal decision, but no later than 3 years from the date of their occurrence;

4. in the case provided for in art. 509 para. (1) point 4, from the day the party became aware of
the decision by which the judge was definitively disciplinary sanctioned, but no later than one
year from the date the disciplinary sanction decision became final;

5. in the case provided for in art. 509 para. (1) point 5, from the day on which the mentioned
writings were discovered;

6. in the case provided for in art.Copertine

509 para. (1) Balcon
point 6, from the day on which the party became
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aware of the annulment, annulment or change of the decision on which the decision whose
revision was requested was based, but not laterCulori, dimensiuni,
than one year frommecanism
the datede
of strângere. Alege
the definitive Tentrom Paradise!
stay
of the annulment decision, cancellation
TentromorParadise
change;

7. in the cases provided for in art. 509 para. (1) point 7, from the day on which the state or
another person under public law became aware of the decision, but no later than one year from
the date of its finality; in the case of minors, persons placed under judicial interdiction or under
guardianship, the review period is 6 months from the date on which the interested party received
knowledge of the decision, but no later than one year from the acquisition of full exercise capacity
or, as the case may be , from the replacement of the guardian of the person placed under the ban,
from the termination of the curate or the replacement of the curator;

8. in the case provided for in art. 509 para. (1) point 8, from the date of the final decision.

(2) In the case provided for in art. 509 para. (1) point 9, the review period is 15 days and is
counted from the cessation of the obstruction.

(3) For the reasons provided in art. 509 para. (1) points 10 and 11, the term is 3 months from the
date of publication of the decision of the European Court of Human Rights, respectively of the
decision of the Constitutional Court in the Official Gazette of Romania, Part I.

(4) The review is motivated by the request for the declaration of appeal itself or within the term
for exercising it, under the penalty of nullity.

(5) If the same request invokes different reasons for review, the provisions of para. (4) applies
accordingly for each individual reason.

Article 512 - Suspension of enforcement

The court can suspend the execution of the decision whose revision is requested, under the
condition of giving a bond. The provisions of art. 484 is applied accordingly.


(1) The request for review is resolved according to the procedural provisions applicable to the
judgment finalized with the contested decision.

(2) The appearance is mandatory and is submitted to the file at least 5 days before the first court
date. The reviewer will learn about the content of the report from the case file.

(3) Debates are limited to the admissibility of the review and the facts on which it is based.

(4) If the court approves the revision request, it will change, in whole or in part, the challenged
decision, and in the case of adverse decisions, it will annul the last decision and, as the case may
be, it will send the case for retrial when it was violated the positive effect of res judicata authority.

( From 21-Dec-2018 Art. 513, paragraph (4) of book II, title II, chapter III, section 3 amended by

(5) The decision given on the revision is subject to the appeals provided by law for the revised
decision.

(6) If the review was requested for adverse decisions, the appeal is the appeal. If the review was
resolved by one of the sections of the High Court of Cassation and Justice, the appeal is under the
jurisdiction of the Panel of 5 judges.

NOTE : In the interpretation and uniform application of the provisions of art. 513 para. (6) of the
Code of Civil Procedure, the appeal filed against the decision by which the review request based
on the reason provided by art. 509 para. (1) point 8 of the same code is admissible, regardless of
whether the decision challenged with revision is final or not.

( From 07-Nov-2019 Art. 513, paragraph (6) of book II, title II, chapter III, section 3 see

TITLE III: Provisions regarding ensuring a unified judicial practice

CHAPTER I: Appeal in the interest of the law


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Article 514 - Procedural quality
Tentrom Paradise

In order to ensure the uniform interpretation and application of the law by all courts, the general
prosecutor of the Prosecutor's Office next to the High Court of Cassation and Justice, ex officio or
at the request of the Minister of Justice, the Governing Board of the High Court of Cassation and
Justice, the colleges management of the appeal courts, as well as the People's Advocate have the
duty to ask the High Court of Cassation and Justice to rule on legal issues that have been resolved
differently by the courts.


The appeal in the interest of the law is admissible only if it is proven that the legal issues that
form the subject of the judgment were resolved in a different way by final court decisions, which
are attached to the request.

Article 516 - Judging the appeal in the interest of the law

(1) The appeal in the interest of the law is judged by a panel consisting of the president or, in his
absence, one of the vice-presidents of the High Court of Cassation and Justice, the presidents of
sections within it, as well as 20 judges, of which 14 judges from the section /sections in whose
jurisdiction the legal issue that was resolved differently by the courts and 2 judges each from the
other sections. The president of the High Court of Cassation and Justice, respectively one of its
vice-presidents is the president of the panel.

(2) If the legal issue is of interest to two or more sections, the president or, as the case may be,
one of the vice-presidents of the High Court of Cassation and Justice will determine the number
of judges from the interested sections who will be part of the panel provided for in paragraph .
(1), the other sections to be represented according to the provisions of the same paragraph.

(3) When the legal issue does not fall within the competence of any section of the High Court of
Cassation and Justice, the president or, as the case may be, one of the vice-presidents of the High
Court of Cassation and Justice will appoint 5 judges from each section. For the preparation of the
report, the president of the panel will appoint one judge from each section.

(4) After notification to the High Court of Cassation and Justice, the president or, as the case may
be, one of its vice-presidents will take the necessary measures for the random appointment of
judges within the section in whose competence falls the legal issue that was resolved differently
by the courts , as well as the judges from the other sections that make up the panel provided for in
paragraph. (1) .

(5) After the formation of the panel according to para. (4) , its president will appoint 3 judges
from among the panel members to draw up a report on the appeal in the interest of the law.
Reporters are not incompatible.

(6) In order to draw up the report, the president of the panel will be able to ask some recognized
specialists for their written opinion on the legal issues solved differently.

(7) The report will include the different solutions given to the legal problem and the arguments
on which they are based, the relevant jurisprudence of the Constitutional Court, the European
Court of Human Rights or the Court of Justice of the European Union, if applicable, the doctrine
in the matter, as well as the opinion of the consulted specialists. At the same time, the reporting
judges will prepare and motivate the draft solution that is proposed to be given to the appeal in
the interest of the law.

(8) The meeting of the panel is convened by its president, at least 20 days before it takes place.
With the summons, each judge will receive a copy of the report and the proposed solution.

(9) All panel judges participate in the session. If there are objective reasons, they will be replaced
in compliance with the rules provided in paragraph. (4) .

(10) The appeal in the interest of the law is supported before the panel, as the case may be, by the
general prosecutor of the Prosecutor's Office next to the High Court of Cassation and Justice or
by the prosecutor appointed by him, by the judge appointed by the Governing Board of the High
Court of Cassation and Justice, respectively the court of appeal or the People's Advocate or a
representative thereof.

(11) The appeal in the interest of the law shall be judged within 3 months at most from the date of
referral to the court, and the solution shall be adopted by at least two thirds of the panel's judges.
Abstentions are not allowed.

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Article 517 - Content of the decision andParadise
its effects

(1) On the request, the panel of the High Court of Cassation and Justice pronounces by decision.

(11) Similar cases pending before the courts at the time of referral to the High Court of Cassation
and Justice, in which their resolution depends on resolving the legal issues that are the subject of
the appeal in the interest of the law, may be suspended until the date of publication of the
decision in the Official Gazette of Romania , according to paragraph (4) .

( From 21-Dec-2018 Art. 517, paragraph (1) of book II, title III, chapter I supplemented by Art. I,
point 62. of Law 310/2018 )

(2) The decision is pronounced only in the interest of the law and has no effect on the judicial
decisions examined, nor on the situation of the parties in those processes.

(3) The decision is motivated within no more than 30 days from the pronouncement and is
published within 15 days from the motivation in the Official Gazette of Romania, Part I.

(4) Dissolution of the legal issues adjudicated is mandatory from the date of publication of the
decision in the Official Gazette of Romania, Part I.

( From 21-Dec-2018 Art. 517, paragraph (4) of book II, title III, chapter I amended by Art. I,
point 63. of Law 310/2018 )

Article 518 - Termination of the effects of the decision

The decision in the interest of the law ceases to be applicable on the date of modification, repeal
or finding of the unconstitutionality of the legal provision that was the subject of the
interpretation.

CHAPTER II: Referral to the High Court of Cassation and Justice with a view to pronouncing a
preliminary decision for resolving some legal issues

Article 519 - Object of notification

If, during the trial, a trial panel of the High Court of Cassation and Justice, of the court of appeal
or of the tribunal, invested with the resolution of the case in the last instance, finding that a
question of law, on the clarification of which the resolution of the merits depends the respective
case, is new and the High Court of Cassation and Justice has not ruled on it nor is it the subject of
an appeal in the interest of the law currently being resolved, you will be able to request the High
Court of Cassation and Justice to pronounce a decision by which principle resolution of the legal
issue with which it was referred.


(1) The referral to the High Court of Cassation and Justice is made by the trial panel after
contradictory debates, if the conditions stipulated in art. 519, by conclusion that is not subject to
any appeal. If the notification is ordered by the conclusion, it will include the reasons that
support the admissibility of the notification according to the provisions of art. 519, the point of
view of the trial panel and the parties.

(2) Through the conclusion provided for in para. (1) , the case will be suspended until the
preliminary decision is pronounced to resolve the legal issue.

(3) After the case is registered at the High Court of Cassation and Justice, the conclusion of the
referral is published on the website of this court.

(4) Similar cases pending before the courts may be suspended until the referral is resolved.

(5) The referral is distributed by the president or, in his absence, by one of the vice-presidents of
the High Court of Cassation and Justice or by the person designated by them.

(6) *) The referral is judged by a panel consisting of the president of the corresponding section of
the High Court of Cassation and Justice or by a judge appointed by him and 12 judges from the
respective section. The president of the section or, in case of impossibility, the judge appointed by
him is the president of the panel Customizabile:
and will Culori,
take dimensiuni, mecanism
the necessary measuresde strângere. Alege Tentrom Paradise!
for the random Mai multe
appointment of judges. Tentrom Paradise

__

NOTE : See art. XVIII paragraph (1) from Law no. 2/2013 regarding some measures to relieve the
courts, as well as to prepare for the implementation of Law no. 134/2010 regarding the Civil
Procedure Code, reproduced in the note at the end of the republished form.

(7) After the formation of the panel according to para. (6) , its president will appoint a judge to
draw up a report on the legal issue subject to judgment. The appointed rapporteur judge does not
become incompatible.

(8) When the legal issue concerns the activity of several sections of the High Court of Cassation
and Justice, the president or, in his absence, one of the vice-presidents of the High Court of
Cassation and Justice will forward the notification to the presidents of the sections interested in
solving the legal issue. In this case, the panel will be composed of the president or, in his absence,
of the vice-president of the High Court of Cassation and Justice, who will preside over the panel,
of the presidents of the sections interested in solving the legal issue, as well as 5 judges from the
respective sections appointed randomly by the president of the panel. After the formation of the
panel, the president of the panel will appoint one judge from each department to prepare the
report. Reporters are not incompatible.

(9) The provisions of para. (8) is also applied appropriately when the question of law does not fall
within the competence of any section of the High Court of Cassation and Justice.

(10) The report will be communicated to the parties, who, within no more than 15 days from the
communication, can submit, in writing, through a lawyer or, as the case may be, through a legal
advisor, their points of view regarding the legal issue subject to judgment.

(11) The provisions of art. 516 para. (6) - (9) shall be applied accordingly.

(12) The referral is judged without summoning the parties, within at most 3 months from the date
of the investment, and the solution is adopted by at least two thirds of the panel's judges.
Abstentions are not allowed.

Article 521 - Content and effects of the decision

(1) Upon referral, the Panel for resolving legal issues pronounces by decision, only with regard to
the legal issue subject to resolution.

(2) The provisions of art. 517 para. (3) is applied accordingly.

(3) The release of the legal issues is mandatory from the date of publication of the decision in the
Official Gazette of Romania, Part I, and for the court that requested the release, from the date of
the pronouncement of the decision.

( From 21-Dec-2018 Art. 521, paragraph (3) of book II, title III, chapter II amended by Art. I,
point 64. of Law 310/2018 )


TITLE IV: The appeal regarding the procrastination of the process

Article 522 - The subjects of the appeal and its reasons

(1) Any of the parties, as well as the prosecutor who participates in the trial, can file an appeal by
which, invoking the violation of the right to resolve the trial in an optimal and predictable term,
request the taking of legal measures so that this situation is removed.

(2) The objection mentioned in paragraph (1) can be done in the following cases:

1. when the law establishes a deadline for completing a procedure, for pronouncing or justifying a
decision, but this deadline has been met without result;

2. when the court established Copertine

a term in which a participant
Balcon in the process had to fulfill a
& Terasă
procedural act, and this term was fulfilled, but the court did not take, in relation to the one who
did not fulfill his obligation, the measures provided by dimensiuni,
law; mecanism de strângere. Alege Tentrom Paradise!

Tentrom Paradise
3. when a person or an authority that is not a party was obliged to communicate to the court,
within a certain period, a record or data or other information resulting from its records and
which were necessary for the resolution of the trial, and this period has been fulfilled , but the
court did not take, in relation to the one who did not fulfill his obligation, the measures provided
by the law;

4. when the court disregarded its obligation to resolve the case in an optimal and foreseeable
term by not taking the measures established by law or by not fulfilling ex officio, when the law
requires it, a procedural act necessary to resolve the case, even though the time elapsed from the
last procedural act would have been sufficient for taking the measure or fulfilling the act.

Article 523 - Withdrawal of appeal

The appeal can be withdrawn at any time until it is resolved. Once withdrawn, the appeal cannot
be repeated.

Article 524 - Form of appeal. The procedure before the court that hears the case

(1) The objection is formulated in writing and submitted to the court invested with the resolution
of the process in connection with which the delay of the judgment is invoked. The objection can
also be made verbally in the meeting, in which case it will be recorded, together with the reasons
given by the party, at the end of the meeting.

(2) The appeal does not suspend the resolution of the case.

(3) The appeal is resolved by the panel invested with judging the case immediately or within a
maximum of 5 days, without summoning the parties.

(4) When it considers the appeal to be well-founded, the trial panel pronounces a decision not
subject to any appeal, by which it immediately takes the necessary measures to remove the
situation that caused the trial to be delayed. In this case, the appellant will be notified, for
information, of a copy of the conclusion.

(5) When it assesses the appeal as unfounded, the trial panel will reject it by closing. Against this
conclusion, the appellant can file a complaint within 3 days from the communication. The
complaint is submitted to the court that pronounced the decision, which will immediately submit
it for resolution, together with a certified copy of the case file, to the hierarchically superior court.
When the case is tried at the High Court of Cassation and Justice, the complaint is resolved by
another panel of the same section. The formulation of the complaint does not suspend the trial.

(6) The closings provided for in para. (4) and (5) are motivated within 5 days from the
pronouncement.

Article 525 - Complaint resolution procedure

(1) The court will resolve the complaint within 10 days from the receipt of the file, in full form of 3
judges. The judgment is made without summoning the parties, through a decision that is not
subject to any appeal, which must be motivated within 5 days from the pronouncement.

(2) If the court finds the complaint well-founded, it will order that the court hearing the case
complete the procedural act or take the necessary legal measures, indicating what they are and
establishing, when necessary, a deadline for their completion.

(3) In all cases, the court that resolves the complaint will not be able to give instructions nor will
it be able to offer resolutions on some issues of fact or law that anticipate the way of solving the
case or that affect the freedom of the judge of the case to decide , according to the law, regarding
the solution to be given to the process.

Article 526 - Sanctioning the appellant for bad faith

(1) When the appeal or complaint was made in bad faith, its author may be obliged to pay a
judicial fine from 500 lei to 2,000 lei, as well as, at the request of the interested party, to pay
compensation for the repair the damage caused by filing the appeal or complaint.

(2) Bad faith results from the clearly unfounded

Copertine character
Balcon &ofTerasă
the contestation or complaint, as
well as from any other circumstances that justify the finding that its exercise was done for a
Customizabile: Culori,it.dimensiuni, mecanism de strângere. Alege Tentrom Paradise! Mai multe
purpose other than that for which the law recognizes

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BOOK III: Non-contentious judicial procedure

TITLE I: General provisions

Article 527 - Scope

Requests for the solution of which the intervention of the court is needed, but without seeking the
establishment of an adverse right against another person, such as those regarding the granting of
judicial authorizations or the taking of legal measures of supervision, protection or insurance, are
subject to the provisions of the present books.

Article 528 - Competence

(1) Non-contentious requests that are related to a case being resolved or already resolved by a
court or that have as their object the release of some documents, titles or values in the deposit of
a court will be directed to that court.

(2) In other cases, the jurisdiction of the court and the resolution of incidents regarding
jurisdiction are subject to the rules provided for contentious claims.

(3) In case the territorial competence cannot be established according to the provisions of para.
(2) , non-contentious claims will be addressed to the court in whose jurisdiction the petitioner
has, as the case may be, domicile, residence, headquarters or representation, and if none of these
are located on the territory of Romania, the claims will be addressed, following the rules of
material competence, at the Court of District 1 of the municipality of Bucharest or, as the case
may be, at the Bucharest Court.


(1) The court verifies its competence ex officio, even if it is of a private nature, being able to ask
the party for the necessary clarifications.

(2) If the court declares itself incompetent, it will send the file to the competent court.

Article 530 - Content of the request

(1) The request shall include the name, first name and domicile or, as the case may be, the name
and headquarters of the person who makes it and, depending on the circumstances, of the
persons whom he requests to be summoned before the court, the object, its motivation and the
signature.

(2) It will be accompanied by the inscriptions on which it rests.

Article 531 - Contentious character

If the request, by its very content or by the objections raised by the persons cited or intervening,
presents a contentious nature, the court will reject it.

Article 532 - Procedure

(1) The application is judged in the council chamber, with the summons of the petitioner and the
persons indicated in the application, if the law requires it. Otherwise, the judgment is made with
or without summons, at the discretion of the court.

(2) The court may order, ex officio, any measures useful to the case. She has the right to listen to
any person who can clarify the case, as well as those whose interests could be affected by the
decision.


The court pronounces by closing, in relation to all the factual and legal circumstances of the case,
even if they were not invoked in the application or during the procedure.

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(1) The decision approving the request is enforceable.

(2) The conclusion by which the application is resolved is only subject to appeal, with the
exception of the one pronounced by a panel of the High Court of Cassation and Justice, which is
final.

( From 24-Mar-2017 Art. 534, paragraph (2) of book III, title I amended by Art. 1, point 1. of
Law 17/2017 )

(3) The appeal term will run from the pronouncement, for those who were present at the last
court session, and from the communication, for those who were absent.

(4) The appeal can be made by any interested person, even if he was not cited when the
application was resolved, the appeal term running from the date on which he received the notice
of termination, but no later than one year from the date of the pronouncement.

(5) The appeal is judged in the council chamber.

Article 535 - Effects of the decision

The conclusions pronounced in the non-contentious procedure do not have the authority of a res
judicata.


(1) The provisions of art. 527-535 regarding the non-contentious procedure are supplemented
with the contentious procedure provisions, insofar as the latter are compatible with the non-
contentious nature of the request.

(2) Non-contentious matters regarding which the law provides for a special procedure remain
subject to those provisions, which will be supplemented with those of this book.

Article 537 - Measures taken by the president of the court

(1) The non-contentious procedure is also applied in cases where the law empowers the president
of the court to take non-contentious measures.

(2) In these cases, the president must pronounce the conclusion within no more than 5 days after
receiving the request.

(3) The appeal against the conclusion given by the president of the court is judged by the court,
and the appeal against the conclusion given by the president of the tribunal or the court of appeal
is judged by a panel of the respective court.

(4) The decisions given by the presidents of the sections of the High Court of Cassation and
Justice are final.

TITLE II: Special provisions

Article 538 - Release of copies of decisions and other records

(1) Upon request, the court registry will issue copies of the conclusion of the session, of the
decision or device or of the other documents in the file.

(2) Copies of the session's conclusions, of the decision or of the instrument may be released only
after they have been signed by all the judges, under the penalty applicable to clerks for the crime
of forgery.

(3) In the event that the debates did not take place in public session, persons other than the
parties may not obtain copies of the conclusions, expertise, records or witness statements except
with the approval of the president. The provisions of art. 537 para. (2) -(4) shall be applied
accordingly.

Article 539 - Conclusions for the release of goods Mai multe

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(1) The request for release regarding the sums of money or other values or securities, recorded, as
well as any other goods, kept at the court or in the deposit of another, as the case may be, in
connection with a process, is submitted by the entitled person to the court who ordered that
measure.

(2) The request will be resolved by executive order, given in the council chamber. The parties will
be summoned if the court deems it necessary.

(3) In the conclusion of the release, the holder obliged to release the goods, as well as the person
entitled to receive them, will be shown.

(4) The conclusion provided for in para. (3) is subject to the same appeals as the decision on the
basis of which the release of the asset was requested.

Article 540 - Inventory of the minor's assets

(1) In order to inventory the assets of the minor placed under guardianship, the guardianship
court immediately appoints a delegate and orders the summoning of the guardian and the
members of the family council, as well as the minor who has reached the age of 14.

(2) The inventory will include the identification data of the movable or immovable goods, their
summary description, including mentions regarding the condition of the goods and their
estimated value, as well as the indication of the existing inscriptions regarding the goods. Also,
the inventory will include mentions of claims, debts or other claims declared by the guardian or
the members of the family council.

BOOK IV: On arbitration



(1) Arbitration is an alternative jurisdiction with a private character.

(2) In the administration of this jurisdiction, the litigating parties and the competent arbitral
tribunal may establish rules of procedure derogating from the common law, provided that the
respective rules are not contrary to public order and the imperative provisions of the law.

Article 542 - Object of arbitration

(1) Persons who have full legal capacity may agree to settle disputes between them through
arbitration, except for those concerning civil status, the capacity of persons, the succession
debate, family relations, as well as the rights over which the parties cannot dispose .

(2) The state and public authorities have the power to conclude arbitration agreements only if
they are authorized by law or by international conventions to which Romania is a party.

(3) Legal entities under public law that have economic activities as their object of activity have the
faculty to conclude arbitration agreements, unless the law or their act of establishment or
organization provides otherwise.

Article 543 - The arbitral tribunal

The arbitration may be entrusted, through the arbitration agreement, to one or more persons,
invested by the parties or in accordance with that agreement to judge the dispute and pronounce
a final and binding decision for them. The sole arbitrator or, as the case may be, the invested
arbitrators constitute, within the meaning of the provisions of this book, the arbitral tribunal.

Article 544 - Organization of arbitration by the parties

(1) The arbitration is organized and conducted according to the arbitration agreement, concluded
according to the provisions of title II of this book.

(2) Subject to the observance Copertine

of public order and good
Balcon & morals,
Terasăas well as the imperative
provisions of the law, the parties may establish through the arbitration agreement or through a
written document concluded later, at the latest with dimensiuni, mecanism
the establishment of de
thestrângere. Alege Tentrom Paradise!
arbitral tribunal,
either directly or by reference toTentrom
a certain regulation regarding arbitration, the rules regarding
Paradise
the establishment of the arbitral tribunal, the appointment, revocation and replacement of
arbitrators, the term and place of the arbitration, the rules of procedure that the arbitral tribunal
must follow in adjudicating the dispute, including any preliminary procedures for resolving the
dispute, the distribution of arbitration expenses between the parties and, in general, any other
rules regarding the proper conduct of the arbitration.

(3) In the absence of the rules provided in para. (2), the arbitral tribunal will be able to establish
the procedure to be followed as it deems more appropriate.

(4) If the arbitral tribunal has not established these rules either, the following provisions will
apply.

Article 545 - Organization of arbitration by a third party

The parties can agree that the arbitration will be organized by a permanent arbitration
institution, according to title VII of this book, or by another entity or a natural person. In these
cases, the resolution of the dispute is entrusted to arbitrators, appointed or accepted by the
parties according to the arbitration agreement or the rules of the permanent arbitration
institution.

Article 546 - Representation of the parties

(1) In arbitration disputes, the parties may make requests and exercise their procedural rights
personally or through a representative. They can be assisted by other specialists.

(2) In the arbitration procedure, the power of attorney given to the lawyers, according to the law,
is valid for the choice of domicile or, as the case may be, the procedural headquarters of the
lawyer, if it does not provide otherwise, and includes the right of the lawyer to exercise the
options regarding the expiry of the arbitration according to art. 568, as well as to request or
accept the extension of the arbitration term, provided in art. 567.

(3) The provisions of para. (1) and (2) shall also be applied accordingly in the case of the
representation of the party by a legal advisor.

Article 547 - Court intervention

(1) In order to remove the obstacles that would arise in the organization and conduct of the
arbitration, as well as to fulfill other attributions that belong to the court in the arbitration, the
interested party can notify the court in the jurisdiction of which the arbitration takes place. The
court will resolve the case in the full set provided by law for the trial in the first instance.

(2) The court will resolve these urgent and preferential requests, through the procedure of the
presidential ordinance, the decision not being subject to any appeal.

TITLE II: Arbitration Convention

Article 548 - Written form

(1) The arbitration agreement is concluded in writing, under penalty of nullity. The condition of
the written form is considered fulfilled when recourse to arbitration was agreed upon by
exchange of correspondence, regardless of its form, or exchange of procedural documents.

(2) If the arbitration agreement refers to a dispute related to the transfer of ownership rights
and/or the establishment of another real right over an immovable asset, the agreement must be
concluded in an authentic notarial form, under penalty of absolute nullity.

Article 549 - Types of arbitration agreement

(1) The arbitration agreement can be concluded either in the form of a compromise clause,
written in the main contract or established in a separate agreement, to which the main contract
refers, or in the form of compromise.

(2) The existence of the arbitration agreement can also result from the written agreement of the
parties made before the arbitration tribunal.

Mai multe
Article 550 - Arbitration clause
Tentrom Paradise

(1) Through the arbitration clause, the parties agree that the disputes that will arise from the
contract in which it is stipulated or in connection with it will be resolved through arbitration,
indicating, under penalty of nullity, the method of appointing the arbitrators. In the case of
institutionalized arbitration, it is sufficient to refer to the institution or the rules of procedure of
the institution that organizes the arbitration.

(2) The validity of the compromise clause is independent of the validity of the contract in which it
was entered.

(3) In case of doubt, the arbitration clause is interpreted in the sense that it applies to all
misunderstandings deriving from the contract or from the legal relationship to which it refers.

Article 551 - Compromise

(1) By compromise, the parties agree that a dispute between them should be resolved through
arbitration, showing, under penalty of nullity, the subject of the dispute and the names of the
arbitrators or the method of appointing them in the case of ad hoc arbitration. In the case of
institutionalized arbitration, if the parties have not chosen the arbitrators and have not
established the method of appointing them, this will be done according to the rules of procedure
of the respective arbitration institution.

(2) The compromise can be concluded even if the dispute between the parties is already before
another court.

Article 552 - Effectiveness of the compromise clause

The conclusion of the arbitration procedure with or without the pronouncement of a decision on
the merits of the case does not affect the effectiveness of the arbitration agreement, in the form of
the compromise clause. This will remain valid and will serve as the basis for any new arbitration
procedure that would be initiated based on it for the resolution of any dispute arising between the
parties deriving from the main contract.

Article 553 - Exclusion of court jurisdiction

The conclusion of the arbitration agreement excludes, for the litigation that is its object, the
jurisdiction of the courts.

Article 554 - Verification of the competence of the court

(1) The court, referred to a case regarding which an arbitration agreement has been concluded,
will verify its own competence and declare itself incompetent only if the parties or one of them
requests it, invoking the arbitration agreement. In this case, the court will decline its jurisdiction
in favor of the organization or institution with which the institutionalized arbitration operates,
which, based on the decision to decline, will take the necessary measures in order to establish the
arbitral tribunal. In the case of ad hoc arbitration, the court will reject the request as not being
within the jurisdiction of the court.

(2) The court will retain the case for resolution if:

a) the defendant formulated his defenses in substance, without any reservation based on the
arbitration agreement;

b) the arbitration agreement is invalid or ineffective;

c) the arbitral tribunal cannot be established for reasons clearly imputable to the defendant in the
arbitration.

(3) The conflict of jurisdiction between the arbitral tribunal and a court is resolved by the court
hierarchically superior to the one in conflict.

TITLE III: The arbitral tribunal

Article 555 - Arbitrators

Any natural person can be an arbitrator if he has full legal capacity. Mai multe

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Article 556 - Number of arbitrators

(1) The parties determine whether the dispute is judged by a single arbitrator or by several
arbitrators, who must always be an odd number.

(2) If the parties have not determined the number of arbitrators, the dispute is judged by 3
arbitrators, one appointed by each of the parties, and the third - the chief arbitrator - appointed
by the 2 arbitrators.

(3) If there are more claimants or more defendants, the parties that have common interests will
appoint a single arbitrator.

Article 557 - Partial nullity

The clause in the arbitration agreement that gives one of the parties a privilege regarding the
appointment of arbitrators or that provides for the right of one of the parties to appoint the
arbitrator instead of the other party or to have more arbitrators than the other party is void.

Article 558 - Appointment of arbitrators

(1) Arbitrators are appointed, revoked or replaced according to the arbitration agreement.

(2) When the sole arbitrator or, as the case may be, the arbitrators have not been appointed by
the arbitration agreement and the method of appointment has not been provided, the party that
wants to resort to arbitration shall notify the other party, in writing, to proceed with their
appointment according to art. . 556 para. (2) and (3).

(3) The communication shall include the name, address and, as far as possible, the personal and
professional data of the proposed sole arbitrator or of the arbitrator appointed by the party that
wants to resort to arbitration, as well as a brief statement of the claims and their basis.

(4) The party to whom the communication was made must transmit, in turn, within 10 days of its
receipt, the response to the proposal to appoint the sole arbitrator or, as the case may be, the
name, surname, domicile and, as far as possible , the personal and professional data of the
arbitrator appointed by it.

(5) When proposing the arbitrators, either through the arbitration agreement, or under the
conditions of para. (2) -(4), the parties will also propose an alternate, in case the main arbitrator
is or would be unable to fulfill his duties.

Article 559 - Accepting the role of arbitrator

The acceptance of the appointment as an arbitrator must be made in writing and will be
communicated to the parties, within 5 days from the date of receipt of the appointment proposal,
by post, fax, e-mail or by other means that ensure the transmission of the text of the act and
confirmation of its receipt.

Article 560 - Appointment of the chief arbitrator

The 2 arbitrators will proceed to appoint the chief arbitrator and his substitute, within 10 days
from the last acceptance. The chief arbitrator will comply with the provisions of art. 559.

Article 561 - Appointment of arbitrators by the court

(1) In case of disagreement between the parties regarding the appointment of the sole arbitrator
or if one party does not appoint the arbitrator or if the 2 arbitrators do not agree on the person of
the chief arbitrator, the party that wants to resort to arbitration may ask the court provided for in
art. 547 para. (1) to proceed with the appointment of the arbitrator or, as the case may be, the
chief arbitrator.

(2) The court pronounces itself within 10 days of the referral, with the summoning of the parties,
by means of a decision that is not subject to any appeal.

Article 562 - Incompatibility of arbitrators

(1) Apart from the cases of incompatibility provided for judges, the arbitrator can also be Mai multe
challenged for the following reasons, which call into question his independence and impartiality:
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a) failure to fulfill the qualification conditions or other conditions regarding arbitrators, provided
in the arbitration agreement;

b) when a legal entity of which the arbitrator is an associate or in whose management bodies he
is, has an interest in the case;

c) if the arbitrator has work or service relations, as the case may be, or direct commercial ties with
one of the parties, with a company controlled by one of the parties or under common control with
it;

d) if the arbitrator provided consultancy to one of the parties, assisted or represented one of the
parties or testified in one of the previous phases of the litigation.

(2) A party may not challenge the arbitrator appointed by it except for causes that have arisen or
become aware of after the appointment.

(3) The person who knows that there is a reason for recusal is obliged to notify the parties and the
other arbitrators before accepting the role of arbitrator, and if such causes arise after acceptance,
as soon as he becomes aware of them.

(4) This person cannot participate in the trial of the litigation unless the parties, notified
according to para. (3), communicate in writing that they understand not to ask for recusal. Even
in this case, she has the right to abstain from judging the litigation, without the abstention
implying the recognition of the cause of appeal.

(5) Abstention takes effect on the date of its formulation, without any other formality.

Article 563 - Request for recusal

(1) The recusal must be requested, under the penalty of forfeiture, within 10 days from the date
when the party became aware of the appointment of the arbitrator or, as the case may be, from
the occurrence of the cause of recusal.

(2) The challenge request is resolved by the court provided for in art. 547 para. (1) by conclusion,
pronounced with the summons of the parties and the challenged arbitrator, within 10 days of
notification. The termination is not subject to any appeal.

(3) The provisions of this code regarding the recusal of judges shall be applied accordingly.

Article 564 - Replacement of arbitrators

In case of recusal, revocation, abstention, resignation, death, as well as in any other case in which
the arbitrator is prevented from fulfilling his task and if the substitute, in turn, is prevented from
exercising his task, the appropriate arbitrator will be replaced the provisions established for his
appointment.

Article 565 - Liability of arbitrators

The referees are responsible, under the law, for the damage caused, if:

a) after acceptance, unjustifiably renounce their assignment;

b) without justified reason, does not participate in the trial of the dispute or does not pronounce
the decision within the term established by the arbitration agreement or the law;

c) does not respect the confidentiality of the arbitration, publishing or disclosing data that they
become aware of as arbitrators, without the authorization of the parties;

d) violates with bad faith or gross negligence other duties that fall to them.

Article 566 - Constitution of the arbitral tribunal

(1) The arbitral tribunal is considered constituted

Copertine on the date
Balcon of acceptance of the sole arbitrator
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assignment or, as the case may be, of the last acceptance of the assignment of arbitrator or chief
arbitrator.

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(2) The date of acceptance is the date of dispatch of the communication provided for in art. 559.

Article 567 - Term of arbitration

(1) If the parties have not stipulated otherwise, the arbitral tribunal must pronounce the decision
within no more than 6 months from the date of its establishment, under penalty of the arbitration
being void.

(2) The term is suspended during the trial of a recusal request or any other incidental request
addressed to the tribunal provided for in art. 547.

(3) Within the term stipulated in para. (1), the parties may consent in writing to the extension of
the arbitration term.

(4) The arbitral tribunal may order, for valid reasons, the extension of the term, once, by no more
than 3 months.

(5) The term is legally extended by 3 months in case of the death of one of the parties.

Article 568 - Expiration of arbitration

(1) At the first court term to which they were legally summoned, the parties are obliged to declare
in writing, under penalty of forfeiture, if they intend to invoke the invalidity of the arbitration.

(2) When at least one of the parties has formulated the declaration provided for in para. (1) , the
arbitral tribunal, upon expiry of the term stipulated in art. 567, will issue a decision stating that
the arbitration has become void, except for the situation where the parties expressly declare that
they waive the void, in which case the trial will continue.

(3) The evidence administered in the procedure that has become obsolete may be used, if
necessary, in a new arbitration, to the extent that it is considered that it is not necessary to
restore it.

Article 569 - Place of arbitration

The parties determine the place of arbitration. In the absence of such a provision, the place of
arbitration is determined by the arbitral tribunal.

Article 570 - Language of arbitration

(1) The debate of the dispute before the arbitral tribunal is done in the language established by
the arbitration agreement or, if nothing was stipulated in this regard or there was no subsequent
agreement, in the language of the contract from which the dispute arose or, if the parties do not
agree , in a language of international circulation established by the arbitral tribunal.

(2) If a party does not know the language in which the debate is taking place, at its request and at
its expense, the arbitral tribunal provides the services of a translator.

(3) The parties can participate in the debates with their translator.

TITLE IV: Arbitration procedure

CHAPTER I: Referral to the arbitral tribunal

Article 571 - Request for arbitration

(1) The arbitral tribunal is notified by the claimant through a written request, which will include:

a) the name and surname, domicile or residence of the parties or, for legal entities, their name
and headquarters. Also, the application will include the personal numerical code or, as the case
may be, the unique registration code or the fiscal identification code, the registration number in
the trade register or registration in the register of legal entities and the bank account of the
plaintiff, as well as the defendant, if are known to the plaintiff. If the plaintiff lives abroad, he will
also show his chosen domicile in Romania, where all communications regarding the process will
be made to him; Customizabile: Culori, dimensiuni, mecanism de strângere. Alege Tentrom Paradise! Mai multe

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b) the name, first name and quality of the person representing the party in litigation, when
appropriate, attaching proof of quality;

c) mention of the arbitration agreement, attaching a copy of the contract in which it is inserted,
and if it was recorded in a separate document or a compromise was concluded, a copy of it;

d) the object and value of the request, as well as the calculation by which this value was
determined;

e) the factual and legal reasons, as well as the evidence on which the request is based;

f) the name, surname and domicile of the members of the arbitral tribunal;

g) signature of the party.

(2) The request can be made through a minutes concluded before the arbitral tribunal and signed
by the parties or only by the claimant, as well as by the arbitrators.

Article 572 - Communication of the arbitration request

The claimant will communicate to the defendant, as well as to each arbitrator, a copy of the
arbitration request and the attached documents.

Article 573 - Reception

(1) Within 30 days of receiving the copy of the arbitration request, the defendant will make a
presentation including the exceptions regarding the claimant's request, the answer in fact and in
law to this request, the evidence proposed in the defense, as well as, accordingly , the other
mentions provided for in art. 571 for the request for arbitration.

(2) Exceptions and other means of defense, which were not shown by summons, must be
invoked, under the penalty of forfeiture, at the latest at the first court term at which the party was
legally summoned.

(3) If the arbitral tribunal assesses that the failure to submit the appearance justifies the
postponement of the settlement of the dispute, the defendant may be obliged to pay the
arbitration expenses caused by the postponement.


Article 574 - Counterclaim

(1) If the defendant has claims against the plaintiff, deriving from the same legal relationship, he
can file a counterclaim.

(2) The counterclaim will be introduced within the term for filing the appearance or at the latest
until the first court term at which the defendant was legally summoned and must meet the same
conditions as the main claim.

CHAPTER II: Judgment

Article 575 - General provisions

(1) The arbitral judgment takes place according to the procedural rules established in art. 576.

(2) However, the fundamental principles of the civil process provided for in art. 5 para. (2), art. 8-
10, art. 12-16, art. 19-21, art. 22 para. (1) , (2) , (4) , (5) and (6) and in art. 23 are also applicable in
the arbitral procedure accordingly.

Article 576 - Applicable rules of procedure

(1) The parties can establish, in the arbitration agreement, the rules of procedure applicable to
the arbitration or they can empower the arbitrators to establish these rules. These rules are
supplemented, if necessary, with the provisions of this book.

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(2) When the parties resort to institutionalized arbitration, the provisions of art. 619 para. (3) .

(3) In all other cases, the arbitration procedure is the one established by this book.

Article 577 - Communication of procedural documents

(1) The communication between the parties or to the parties of the documents of the litigation,
the subpoenas, the arbitral decisions and the closing of the meeting is done by registered letter
with declared content and confirmation of receipt. Notifying the parties regarding other measures
taken by the arbitral tribunal can also be done by fax, e-mail or other means that ensure the
transmission of the text of the act and confirmation of its receipt.

(2) Entries can also be handed to the party personally, under signature.

(3) Evidence of communication shall be submitted to the file.

Article 578 - Verification of the file

(1) Immediately after the expiration of the deadline for submitting the submission, the arbitral
tribunal checks the stage of preparation of the litigation for debate and, if deemed necessary, will
order the appropriate measures to complete the file.

(2) After this verification and, if necessary, after completing the file, the arbitral tribunal sets a
deadline for debating the dispute and orders the parties to be summoned.


(1) At the first term of judgment with the legal procedure completed, the arbitral tribunal verifies
its own competence to resolve the dispute.

(2) If the arbitral tribunal decides that it is competent, it records this in a conclusion, which can
only be annulled by the annulment action brought against the arbitral decision, according to art.
608.

(3) If the arbitral tribunal decides that it is not competent to resolve the dispute with which it was
referred, it declines its competence through a decision, against which the action for annulment,

Article 580 - The citation term

There must be a time interval of at least 15 days between the date of receipt of the subpoena and
the debate deadline.

Article 581 - Participation of third parties

(1) Third parties may participate in the arbitration procedure under the conditions of art. 61-77,
but only with their agreement and that of all parties. However, the accessory intervention is also
admissible without fulfilling this condition.


Article 582 - Absence of a party

The non-appearance of the legally summoned party does not prevent the debate of the litigation,
unless the missing party requests, at the latest 3 days before the date for which the debate was
set, its postponement for valid reasons, notifying the other party within the same period, as well
as the referees. Assessing the validity of the reasons for the absence of one of the parties, as well
as the reasons why the absence justifies the postponement of the debate, is the exclusive
competence of the arbitral tribunal, its decision not being subject to any appeal.

Article 583 - Request for trial in absentia

Any of the parties can request in writing that the resolution of the dispute be done in his absence,
based on the evidence in the file. The provisions of art. 580 is applied accordingly.

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Article 584 - Absence of both parties
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(1) If both parties, although legally summoned, do not appear on time, the arbitral tribunal will
resolve the dispute, except in the case where adjournment was requested for valid reasons.
Assessing the validity of the reasons for the postponement is the exclusive competence of the
arbitral tribunal, its decision not being subject to any appeal.

(2) Even if the parties do not request the postponement of the settlement of the dispute, the
arbitral tribunal may postpone its trial, summoning the parties, if it considers that their presence
at the debate is necessary, or granting a deadline for the parties to formulate their conclusions in
writing.

Article 585 - Insurance measures

(1) Before or during the arbitration, any of the parties may ask the tribunal provided for in art.
547 to approve insurance measures and provisional measures regarding the object of the
litigation or to ascertain certain factual circumstances.

(2) A copy of the arbitration request or, failing that, proof of the communication provided for in
art. 558 para. (2) , as well as the arbitration agreement.

(3) The approval of these measures will be brought to the attention of the arbitral tribunal by the
party that requested them.

(4) During the arbitration, the insurance measures and the provisional measures, as well as the
finding of certain factual circumstances, may also be approved by the arbitral tribunal. In case of
opposition, the execution of these measures is ordered by the court, according to the provisions of
para. (1) .

Article 586 - Burden of proof

(1) Each of the parties has the task of proving the facts on which they base their claim or defense
in the litigation.

(2) In order to resolve the dispute, the arbitral tribunal may ask the parties for written
explanations regarding the subject of the request and the facts of the dispute and may order the
administration of any evidence provided by law.

Article 587 - Proposal of evidence

(1) The evidence that was not requested by the arbitration request or by appearance will no longer
be able to be invoked during the arbitration, except for the cases provided for in art. 254 para. (2)
.

(2) The arbitral tribunal has the exclusive competence to decide on the usefulness, relevance and
conclusiveness of the evidence proposed by the parties. With the consultation of the parties, the
arbitral tribunal can set deadlines for the administration of the approved evidence. After the
expiration of these terms, the administration of evidence can only take place if the arbitral
tribunal considers that it is essential for the correct resolution of the dispute.


(1) The administration of evidence is carried out in the session of the arbitral tribunal. He can
order that the administration of the evidence be carried out in front of the chief arbitrator or,
with the agreement of the parties, in front of an arbitrator from the composition of the arbitral
tribunal.

(2) If one of the parties has evidence, the arbitral tribunal may order its presentation.

Article 589 - Hearing of witnesses and experts

(1) Witnesses and experts are heard without taking an oath.

(2) The hearing of witnesses and experts can be done, at their request or with their consent, at
their residence or at the place where they carry out their activity. Also, the arbitral tribunal asks
them to answer the questions in writing, granting a deadline for this purpose.

(3) The arbitral tribunal cannot Tentrom

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means of coercion or impose sanctions on witnesses or
experts. In order to take these measures, the parties can address the court provided for in art.
547.

Article 590 - Information held by public authorities

(1) The arbitral tribunal may request written information from the public authorities regarding
their documents and actions, which are necessary for the resolution of the case.

(2) If the public authority refuses to transmit the information, although the conditions of art. 298
para. (2), the parties or the arbitrators may notify the court provided for in art. 547, which will
take the measures provided by art. 298 para. (1)

Article 591 - Assessment of evidence

The evaluation of the evidence is done by the arbitrators according to their inner conviction.

Article 592 - Requests and exceptions

(1) Any exception regarding the existence and validity of the arbitration agreement, the
constitution of the arbitral tribunal, the limits of the assignment of the arbitrators and the
development of the procedure up to the first court term at which the party was legally summoned
must be raised, under the penalty of forfeiture, at the latest at this term, if a shorter term was not
established.

(2) Any applications and any written submissions shall be submitted no later than the first term
of judgment to which the parties have been legally summoned. The provisions of art. 587 is

(3) The irregularity of the procedural documents is covered if it was not invoked by the interested
party at the term when it occurred or, if he was absent at that term, at the first court term at
which he was present or legally summoned after the occurrence of the irregularity and before to
put conclusions in substance.

Article 593 - Closure of the session

(1) The arbitral debates will be recorded at the end of the meeting.

(2) Any disposition of the arbitral tribunal will be recorded in the conclusion and will be
motivated.

(3) The closing of the meeting will include, in addition to the mentions provided for in art. 603
para. (1) lit. a) and b), and the following mentions:

a) a brief description of the session;

b) requests and support of the parties;

c) the grounds on which the ordered measures are supported;

d) the device;

e) the signatures of the arbitrators, observing the provisions of art. 602 para. (3) .


(5) The parties have the right to know the content of the agreements and the documents of the
file. At the request of the parties or ex officio, the arbitral tribunal can direct or complete the
conclusion of the session by another conclusion. The parties are notified, upon request, of a copy
of the conclusion of the meeting.

Article 594 - Separate attack on session closings

(1) They can be challenged separately with theBalcon

Copertine annulment & action
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decisions of the arbitral tribunal by which the following measures were taken:

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a) the course of arbitration was suspended, according to art. 412 and 413;

b) insurance or provisional measures were taken, according to art. 585;

c) the referral request to the Constitutional Court regarding the constitutionality of a legal
provision was rejected as inadmissible.

(2) The provisions of art. 608-613 shall be applied accordingly, insofar as this article does not
provide otherwise.

(3) Apart from the reasons provided for in art. 608, in the annulment action it is possible to
invoke the lack of conditions provided by law for taking the measures ordered by the conclusion.

(4) The cancellation action can be introduced within 5 days from the communication, with the
exception of the case provided for in para. (1) lit. a), when it can be formulated how long the
suspension lasts.

(5) In the cases provided for in para. (1) lit. b) and c), the annulment action does not suspend the
course of the arbitration.

(6) Solving the annulment action, the appellate court may, as the case may be, maintain, modify
or abolish the measures ordered by the arbitral tribunal by way of conclusion. The decision of the
court of appeal is final.

CHAPTER III: Arbitration expenses

Article 595 - Arbitration expenses

(1) The expenses for the organization and conduct of the arbitration, as well as the arbitrators'
fees, the expenses for the administration of evidence, the expenses for the travel of the parties,
arbitrators, experts, witnesses shall be borne according to the agreement between the parties.

(2) In the absence of such an agreement, the arbitration costs shall be borne by the party that lost
the dispute, in full, if the request for arbitration is accepted in full, or proportionally to what was
granted, if the request is accepted in part.

Article 596 - Arbitrators' fees

(1) The arbitral tribunal can assess, provisionally, the amount of the arbitrators' fees and can
compel the parties to record, according to its provisions, the respective amount by equal
contribution.

(2) The parties may be jointly and severally obliged to pay.

(3) If the defendant does not fulfill his obligation according to para. (1) , within the term set by
the arbitral tribunal, the claimant will record the entire amount, following that the final amount
of the fees due to the arbitrators, as well as the manner of payment by the parties, will be
determined by the arbitral decision.

Article 597 - Advance payment of expenses

(1) The arbitral tribunal may oblige the parties or each of them to advance any expenses
necessary for the organization and conduct of the arbitration.

(2) The arbitral tribunal may not proceed with the arbitration until the recording, advancement
or payment of the sums stipulated in this chapter.

Article 598 - Verification of expenses

At the request of any of the parties, the court provided for in art. 547 will examine the merits of
the measures ordered by the arbitral tribunal and establish, through an executory decision and
which is not subject to any appeal, the amount of the arbitrators' fees and other arbitral expenses,
as well as the recording, advancement or payment methods.

Article 599 - Payment of fees Mai multe

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(1) Payment of the arbitrators' fees will be made after the communication of the arbitration
decision to the parties.

(2) If the arbitration is interrupted without a decision being made, the arbitrators' fees for the
submitted activity are reduced accordingly.

Article 600 - Regularization of expenses

Any difference in addition or subtraction of arbitration expenses is settled at the latest by the
arbitration decision and is paid until the communication of the decision to the parties. The
decision will not be communicated, if applicable, until the difference is paid.

CHAPTER IV: Arbitration decision

Article 601 - Settlement of the dispute

(1) The arbitral tribunal resolves the dispute on the basis of the main contract and the applicable
legal norms, according to the provisions of art. 5.

(2) Based on the express agreement of the parties, the arbitral tribunal can resolve the dispute in
equity.

Article 602 - Deliberation and pronouncement

(1) In all cases, the pronouncement must be preceded by the secret deliberation of the arbitrators,
in the manner established by the arbitration agreement or, failing that, by the arbitral tribunal.

(2) The pronouncement can be postponed by no more than 21 days, under the condition of falling
within the arbitration term, established according to art. 567.

(3) The decision is taken with the majority of votes.

(4) After the deliberation, a minute will be drawn up, which will briefly include the content of the
ruling and in which the minority opinion will be shown, when appropriate.

Article 603 - Arbitration decision

(1) The arbitral decision shall be drawn up in writing and must include:

a) the nominal component of the arbitral tribunal, the place and date of the pronouncement of
the decision;

b) the names and surnames of the parties, their domicile or residence or, as the case may be, the
name and headquarters, the names and surnames of the representatives of the parties, as well as
of the other persons who participated in the litigation debate;

c) mention of the arbitration agreement based on which the arbitration was conducted;

d) the object of the litigation and the brief arguments of the parties;

e) the factual and legal reasons for the decision, and in the case of equity arbitration, the reasons
that, under this aspect, establish the solution;

f) the device;

g) the signatures of all arbitrators, subject to art. 602 para. (3) , and, if applicable, the signature
of the arbitration assistant.

(2) The arbitrator who had a different opinion will draft and sign the separate opinion, showing
the considerations on which it is based. This rule applies appropriately even if there is a
competing opinion.

(3) If the arbitral decision refers to a dispute Balcon

Copertine related to &theTerasă
transfer of ownership and/or the
establishment of another real right over an immovable asset, the arbitral decision will be
presented to the court or to the public notary inCulori,
order dimensiuni,
to obtain a mecanism de strângere.
judicial decision Alege
or , as the Tentrom Paradise!
case
may be, an authentic notarial document. After the verification by the court or by the public notary
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of compliance with the conditions and after the fulfillment of the procedures imposed by law and
the payment by the parties of the tax regarding the transfer of the ownership right, the
registration in the land register will be carried out and the transfer of ownership will be carried
out and /or the establishment of another real right over the immovable property in question. If
the arbitration decision is enforced,

( From 04-Feb-2016 Art. 603, paragraph (3) of book IV, title IV, chapter IV amended by Art. I,
point 1. of Emergency Ordinance 1/2016 )

Article 604 - Clarification, completion and correction of the decision

(1) If clarifications are needed regarding the meaning, scope or application of the provision of the
decision, or it contains conflicting provisions, any of the parties may ask the arbitral tribunal to
clarify the provision or to remove the conflicting provisions.

(2) If, by the pronounced decision, the arbitral tribunal failed to rule on one end of the claim, on a
related or incidental claim, any of the parties may request its completion.

(3) The request for clarification or completion is formulated, according to para. (1), respectively
para. (2) , within 10 days from the date of receipt of the decision and is resolved by the arbitral
tribunal, by separate decision, with the summons of the parties.

(4) The material mistakes in the text of the arbitral decision or other obvious mistakes that do not
change the substance of the solution, as well as the calculation mistakes can be corrected, by
closing, at the request of any of the parties, formulated within the term provided by paragraph.
(3) , or ex officio. The parties will be summoned if the arbitral tribunal deems it necessary.

(5) The clarification or completion decision or the rectification conclusion is pronounced

immediately and is an integral part of the arbitration decision.

(6) The parties cannot be obliged to pay the expenses related to the clarification, completion or
correction of the decision.


(1) The arbitration decision will be communicated to the parties within a maximum of one month
from the date of its pronouncement.

(2) At the request of any of the parties, the arbitral tribunal will issue a proof regarding the
communication of the decision, under the conditions of para. (1) .

Article 606 - Effects of the arbitral award

The arbitration decision communicated to the parties is final and binding.

Article 607 - Keeping the file

Within 30 days from the date of communication of the decision or from the date of its
clarification, completion or correction, according to art. 604, the arbitral tribunal will submit the
litigation file to the tribunal provided for in art. 547, attaching the evidence of communication of
the arbitration decision.

TITLE V: Abolition of the arbitral award

Article 608 - Action for annulment

(1) The arbitral decision can be annulled only through an action for annulment for one of the
following reasons:

a) the dispute was not amenable to arbitration;

b) the arbitral tribunal resolved the dispute without an arbitration agreement or on the basis of a
null or inoperative agreement;

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c) the arbitral tribunal was not established in accordance with the arbitration agreement;
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d) the party was absent at the time when the debates took place and the subpoena procedure was
not legally completed;

e) the decision was pronounced after the expiration of the arbitration term provided for in art.
567, although at least one of the parties declared that he understood to invoke the statute of
limitations, and the parties did not agree with the continuation of the trial, according to art. 568
para. (1) and (2);

f) the arbitral tribunal ruled on things that were not requested or gave more than was requested;

g) the arbitral decision does not include the device and reasons, does not show the date and place
of the pronouncement or is not signed by the arbitrators;

h) the arbitral decision violates public order, good morals or imperative provisions of the law;

i) if, after the pronouncement of the arbitral decision, the Constitutional Court ruled on the
exception invoked in that case, declaring unconstitutional the law, ordinance or a provision of a
law or of an ordinance that was the subject of that exception or other provisions of the contested
act, which, necessarily and obviously, cannot be dissociated from the provisions mentioned in the
notification.

(2) Irregularities that were not raised according to art. 592 para. (1) and (3) or which can be
remedied in the way provided for in art. 604.

(3) To prove the reasons for cancellation, only inscriptions can be brought as new evidence.

Article 609 - Renunciation of the annulment action

(1) The parties cannot waive through the arbitration agreement the right to file an action for
annulment against the arbitration decision.

(2) Waiver of this right can only be made after the arbitral award has been pronounced.


The competence to judge the annulment action rests with the court of appeal in the jurisdiction
where the arbitration took place.


(1) The annulment action will be brought to the court of appeal within one month from the date
of communication of the arbitral decision. If a request was made according to art. 604, the term
runs from the date of communication of the decision or, as the case may be, of the conclusion by
which the request was resolved.

(2) For the reason provided in art. 608 para. (1) lit. i), the term is 3 months from the publication
of the decision of the Constitutional Court in the Official Gazette of Romania, Part I.


The Court of Appeal will be able to suspend the execution of the arbitration decision against
which the annulment action was brought. The provisions of art. 484 para. (2)-(5) and (7) are

Article 613 - Judgment of the annulment action

(1) The Court of Appeal will judge the action for annulment in the panel provided by law for the
trial in the first instance.

(2) Attendance is mandatory. The provisions of art. 205-208 are applicable accordingly.

(3) Admitting the action, the appellate court will annul the arbitral decision and:

a) in the cases provided for in art. 608 para. (1) lit. a), b) and e), will refer the case to the Mai multe
competent court to resolve it, according to the law;
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b) in the other cases provided for in art. 608 para. (1), will send the case for retrial to the arbitral
tribunal, if at least one of the parties expressly requests this. Otherwise, if the dispute is pending,
the court of appeal will rule on the merits, within the limits of the arbitration agreement.
However, if, in order to decide on the merits, new evidence is needed, the court will rule on the
merits after receiving them. In the latter case, the court will first pronounce the annulment
decision and, after the administration of the evidence, the decision on the merits, and, if the
parties have expressly agreed that the dispute should be resolved by the arbitral tribunal in
equity, the appeal court will resolve the case in equity.

(4) The decision of the court of appeal resolving the annulment action is subject to appeal.

( From 24-Mar-2017 Art. 613, paragraph (4) of book IV, title V amended by Art. 1, point 2. of
Law 17/2017 )

TITLE VI: Execution of the arbitral award

Article 614 - Voluntary execution

The arbitral decision is brought to fulfillment voluntarily by the party against whom it was
pronounced, immediately or within the term shown in its contents.

Article 615 - Forced enforcement

The arbitral decision constitutes an executory title and is forcibly executed just like a court
decision. The provisions of art. 603 para. (3) remain applicable.

( From 24-Mar-2017 Art. 615 of book IV, title VI amended by Art. 1, point 3. of Law 17/2017 )

TITLE VII: Institutionalized arbitration


(1) Institutionalized arbitration is that form of arbitral jurisdiction that is established and
operates permanently alongside a domestic or international organization or institution or as an
independent non-governmental organization of public interest, under the conditions of the law,
based on its own regulation applicable in the case of all disputes submitted to it for resolution
according to an arbitration agreement. The activity of institutionalized arbitration has no
economic character and does not seek to obtain profit.

(2) In the regulation and development of the jurisdictional activity, the institutionalized
arbitration is autonomous in relation to the institution that established it. This will establish the
necessary measures to guarantee autonomy.

Article 617 - Choice of institutionalized arbitration

(1) The parties, through the arbitration agreement, can submit the resolution of the disputes
between them to a certain arbitral tribunal belonging to the institutionalized arbitration.

(2) In case of conflict between the arbitration agreement and the regulation of the
institutionalized arbitration to which it refers, the arbitration agreement will prevail.

Article 618 - Arbitrators

(1) Institutionalized arbitration may draw up optional lists of persons who may be arbitrators or
super-arbitrators. These lists are not binding.

(2) In the event that the parties do not agree on the sole arbitrator or when one party does not
name the arbitrator or when the 2 arbitrators do not agree on the person of the chief arbitrator,
the appointing authority is the president of the institutionalized arbitration, unless its procedural
rules or the parties themselves do not provide otherwise.

(3) Organizations with an associative character or those established to defend the interests of a
professional category cannot appoint arbitrators from among their members, in cases where they
are in litigation with third parties.

Article 619 - Arbitration rules Tentrom Paradise

(1) The rules of procedure of the institutionalized arbitration are adopted by its management
according to its operating rules established by the act of establishment.

(2) By designating a certain institutionalized arbitration as competent to resolve a certain dispute

or type of disputes, the parties automatically opt for the application of its rules of procedure. Any
derogation from this provision is void, unless, taking into account the conditions of the case and
the content of the rules of procedure indicated by the parties as applicable, the management of
the competent institutionalized arbitration decides that the rules chosen by the parties can also
be applied, establishing whether their application the latter is effective or by analogy.

(3) If the parties have not agreed otherwise, the procedural rules of the institutionalized
arbitration in force at the time of its notification shall apply.

(4) The right to defense of the litigious parties and the adversarial nature of the debates are
guaranteed.

(5) In the case of arbitration organized by a permanent institution, the file is kept at that
institution.


In the case of arbitration organized by a permanent institution, the fees for the organization of
the arbitration, the arbitrators' fees, as well as the other arbitration expenses are established and
paid according to the regulations of that institution.

Article 621 - Refusal to settle the dispute

If the organization or institution provided for in art. 616 refuses to organize arbitration, the
arbitration agreement remains valid, and the dispute between the parties will be resolved
according to the provisions of this book.

BOOK V: About forced execution


CHAPTER I: The purpose and object of forced execution

Article 622 - Fulfillment of the obligations stipulated in the enforceable title

(1) The obligation established by a court decision or by another enforceable title is fulfilled
voluntarily.

(2) In the event that the debtor does not fulfill his obligation voluntarily, it is fulfilled by forced
execution, which begins with the notification of the enforcement body, according to the
provisions of this book, if a special law does not provide otherwise.

(3) Forced execution takes place in any of the forms provided by law, simultaneously or
successively, until the realization of the right recognized by the enforceable title, the payment of
interest, penalties or other amounts granted according to the law by title, as well as the execution
expenses.

(4) The execution of obligations to do, such as the registration or erasure of a right, act or fact
from a public register, the issuance of an authorization, the issuance of a certificate or the
delivery of a record and the like, can be obtained at the simple request of the entitled person ,
made on the basis of an executory title, without the intervention of the bailiff being necessary, if
the law does not provide otherwise. In case of non-compliance by the debtor, the creditor can
resort to forced execution under the conditions of this code.

(5) The sale by the creditor of the mortgaged movable property under the conditions of art. 2. 445
of the Civil Code is done with the approval of the court, without the intervention of the bailiff.

Article 623 - The enforcement body

( From 20-Dec-2016 Art. 623 of book V, title I, chapter I see application references from Mai multe
Decision 66/2017 )
Tentrom Paradise

The forced execution of any enforceable title, with the exception of those whose object is revenues
owed to the general consolidated budget or the budget of the European Union and the budget of
the European Atomic Energy Community, is carried out only by the bailiff, even if it is ordered
otherwise by special laws.

Article 624 - Methods of execution

Forced execution is carried out by:

1. tracking the movable and immovable assets of the debtor or belonging to third parties held
responsible, under the terms of the law, for the debtor's obligations, in order to satisfy the
creditors;

2. delivery to the creditor of the goods, provided in the enforceable title, which are held without
right by the debtor;

3. other measures provided by law.

Article 625 - Legality of enforced execution

(1) Forcible execution is done in compliance with the provisions of the law, the rights of the
parties and other interested persons.

(2) It is forbidden to carry out execution acts by other persons or bodies than those provided for
in art. 623.

Article 626 - The role of the state in forced execution

The state is obliged to ensure, through its agents, the prompt and effective execution of court
decisions and other enforceable titles, and, in case of refusal, the injured have the right to full
reparation of the damage suffered.

Article 627 - The active role of the bailiff

(1) Throughout the execution, the bailiff is obliged to play an active role, striving, by all the means
allowed by the law, for the full and expeditious realization of the obligation stipulated in the
enforcement title, respecting the provisions of the law, the rights of the parties and others
interested people.

(2) If he considers that it is in the interest of the execution, the bailiff will ask the debtor, under
the conditions of the law, for clarifications in writing regarding his income and assets, including
those in shared ownership or in devalmacy, on which can carry out the execution, showing the
place where they are located, as well as to determine him to voluntarily execute his obligation,
showing him the consequences to which he would be exposed in the case of continuing the
enforced execution. In all cases, the debtor will be informed about the estimated amount of
execution expenses.

(3) The unjustified refusal of the debtor to present himself or to give the necessary clarifications,
as well as the giving of incomplete information in bad faith attract his responsibility for all the
damages caused, as well as the application of the sanction provided for in art. 188 para. (2) .

Article 628 - Obligations subject to forced execution

(1) Obligations whose object consists in the payment of a sum of money, the delivery of an asset
or its use, the dismantling of a construction, a plantation or other work, the entrustment of the
minor, the establishment of the residence and the visit thereof, or the taking another measure
established by the enforceable title.

(2) In the event that interests, penalties or other amounts due to the creditor were stipulated or
granted by the writ of execution, without their amount having been established, they will be
calculated by the bailiff, according to the law.

(3) Also, the bailiff, at the creditor's request, can update the value of the main obligation
established in money, regardless of its source, according to the criteria contained in the
enforcement title. If the enforceable title does not contain any such criterion, the bailiff will
Customizabile:
proceed, at the request of the creditor, to updateCulori, dimensiuni,
it according to themecanism
inflationde strângere.
rate, Alege
calculated Tentrom Paradise!
from Mai multe
the date when the court decisionTentrom
became Paradise
enforceable or, in the case of the other enforceable titles,
from the date when the debt became due and until the effective payment date of the obligation
contained in any of these titles.

NOTE : In the interpretation and application of the provisions of art. 628 para. (3) from the Code
of Civil Procedure, court costs are limited to the notion of main obligation in the enforceable title
and can be subject to updating within the forced execution.

( From 21-Dec-2015 Art. 628, paragraph (3) of book V, title I, chapter I see application

(4) If the enforceable title does not include interests, penalties or other amounts, they are fully
due to the creditor, according to art. 1. 535 of the Civil Code or other special legal provisions,
these will be established by the enforcement court at the request of the creditor, by concluding
the summoning of the parties.

(5) For the amounts established by applying para. (1) -(4), the conclusion of the court of
execution or of the judicial executor constitutes an executory title.

( From 04-Feb-2016 Art. 628, paragraph (5) of book V, title I, chapter I amended by Art. I,

Article 629 - Income and assets subject to enforcement

(1) The debtor's income and assets can be subject to forced execution if, according to the law, they
are traceable and only to the extent necessary to realize the creditors' rights.

(2) Goods subject to a special circulation regime can be tracked only in compliance with the
conditions provided by law.

Article 630 - Agreements regarding enforcement

Throughout the forced execution, under the supervision of the judicial executor, the creditor and
the debtor can agree that it is carried out, in whole or in part, only on the debtor's monetary
income or other assets, that the sale of the assets subject to the pursuit should be done by good
will or that the payment of the obligation be made in another way allowed by law.

Article 631 - Scope

(1) Enforcement may be initiated against any natural person or legal entity, under public or
private law, with the exception of those who benefit, under the terms of the law, from
enforcement immunity.

(2) The provisions of this book constitute the common law in matters of enforced execution,
regardless of the source or nature of the obligations included in the enforceable title or the legal
capacity of the parties.

CHAPTER II: Executive title

Article 632 - Grounds for enforced execution

( From 24-Nov-2017 Art. 632 of book V, title I, chapter II, see application references from
Decision 60/2017 )

(1) Enforcement can only be carried out on the basis of an enforceable title.

(2) The enforceable decisions provided for in art. constitute enforceable titles. 633, decisions with
provisional enforcement, definitive decisions, as well as any other decisions or writs that,
according to the law, can be enforced.

Article 633 - Enforcement decisions

They are enforceable decisions:

1. decisions given on appeal, if the law does not provide

Copertine Balcon otherwise;
& Terasă

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2. the decisions given in the first instance, without right of appeal, or those in connection with
which the parties have agreed to Tentrom Paradisethe appeal, according to art. 459 para. (2) .
directly exercise

Article 634 - Final decisions

(1) The following are final decisions:

1. decisions that are not subject to appeal or appeal;

2. the decisions given in the first instance, without right of appeal, not appealed;

3. the decisions given in the first instance, which were not appealed;

4. decisions given on appeal, without the right of appeal, as well as those not appealed;

5. the decisions given in the appeal, even if they resolved the merits of the case;

6. any other decisions that, according to the law, can no longer be appealed.

(2) The decisions provided for in para. (1) become definitive on the expiry date of the appeal or
appeal period or, as the case may be, on the date of the pronouncement.

Article 635 - Arbitration decisions and other decisions of bodies with jurisdictional powers

Arbitral decisions can be enforced, even if they are challenged with the annulment action, as well
as other decisions of bodies with jurisdictional attributions that have remained definitive, as a
result of their non-challenge before the competent court.

( From 04-Feb-2016 Art. 635 of book V, title I, chapter II amended by Art. I, point 4. of the
urgent Ordinance 1/2016 )

Article 636 - European enforceable titles

The European enforceable titles regarding which European Union law does not require prior
recognition in the member state where the enforcement will take place are enforceable by law,
without any other prior formality.

Article 637 - Execution of decisions subject to the control of the courts

(1) The enforcement of a court decision that constitutes an enforceable title can only be done at
the creditor's risk if the decision can be challenged with an appeal or appeal; if the title is
subsequently modified or abolished, the creditor will be required, under the law, to restore the
debtor to his rights, in whole or in part, as the case may be.

(2) The provisions of para. (1) shall be applied accordingly in the case of the enforcement of an
arbitral decision.

Article 638 - Other enforceable titles

(1) They are also enforceable titles and can be enforced:

1. Conclusions and minutes drawn up by judicial executors which, according to the law, constitute
enforceable titles;

2. Authentic entries, in the cases provided by law;

3. notarial enforceable titles issued under the conditions provided by law;

4. credit titles or other documents that the law recognizes as enforceable.

(2) Suspension of the execution of the titles provided for in para. (1) points 2 and 4 can also be
requested within the substantive action, having as object their abolition. The provisions of art.
719 is applied accordingly.

Article 639 - Authentic notarialTentrom

entries Paradise

(1) The deed authenticated by the notary public establishing a certain, liquid and enforceable
claim constitutes an enforceable title. In the absence of the original, the enforceable title can be
the duplicate or legalized copy from the copy in the notary public's archive.

(2) In the case of annulment by the court of the entry authenticated by the notary public, the civil
liability of the notary public can be engaged only for the culpable violation by him of his
professional obligations, followed by the causing of damage, established by a final court decision .

Article 640 - Credit securities

Bills of exchange, promissory notes and checks, as well as other credit securities constitute
enforceable securities, if they meet the conditions stipulated in the special law.

Article 641 - Entries under private signature

Entries under private signature are enforceable titles, only if they are registered in the public
registers, in the cases and conditions provided by law. Any clause or convention to the contrary is
void and thus considered unwritten. The provisions of art. 664 and the following are applicable.

( From 24-Mar-2017 Art. 641 of book V, title I, chapter II amended by Art. 1, point 4. of Law
17/2017 )

Article 642 - Refusal to release the enforceable title

If the issuing of the writ of execution is refused by other competent bodies according to the law
and if the special law does not provide otherwise, the creditor can file a complaint with the court
in the jurisdiction of which the body that was supposed to issue the writ of execution is located,
within 15 days from the date when took notice of the refusal.

Article 643 - Abolition of the enforceable title

If the executory title has been abolished, all the acts of execution carried out based on it are
abolished by law, if the law does not provide otherwise. In this case, the provisions regarding the
return of execution are applicable.

CHAPTER III: Participants in forced execution


(1) The participants in the forced execution are:

1. the parties;

2. third party guarantors;

3. intervening creditors;

4. enforcement court;

5. bailiff;

6. The Public Ministry;

7. public force agencies;

8. assistant witnesses, experts, interpreters and other participants, under the specific conditions
provided by law.

(2) The provisions of art. 41 and the following apply accordingly to the participants in the forced
execution provided for in para. (1) point 4-8.

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Article 645 - Parties
Tentrom Paradise

(1) The creditor and the debtor are parties to the enforced execution procedure.

(2) The capacity of creditor or debtor can be transferred at any time during the enforced
execution, according to the law. In this case, the execution acts completed until the date of
transmission of the procedural quality produce effects, under the conditions of the law, against
the successors in rights of the creditor or the debtor, as the case may be.

Article 646 - Rights of the parties

(1) The creditor and the debtor have the right to assist, personally or through their
representatives, in the execution of all enforcement documents, to take cognizance of the
documents of the enforcement file and to obtain certificates and copies of these documents,
certified by the bailiff, at their expense the interested parties, and when they consider their
legitimate rights or interests to have been harmed, they can challenge the execution documents or
the forced execution itself, within the terms and conditions provided by law. Other persons who
justify an interest protected by law also have this right.

(2) At the debtor's request, the bailiff will apply, under the conditions of the law, the legal
compensation between the claim provided for in the title whose execution was requested against
him and the claim that he opposes on the basis of another enforceable title.

Article 647 - Obligations of the parties

(1) The creditor is obliged to give the bailiff, at his request, effective support for the fulfillment, in
good conditions, of the forced execution, making available to him the necessary means for this
purpose. He is obliged to advance the expenses necessary to fulfill the execution acts, according
to the provisions taken by the executor.

(2) The debtor is obliged, under the sanctions provided for in art. 188 para. (2) , to declare, at the
executor's request, all his assets, movable and immovable, including those in shared ownership or
in devalmacy, showing where they are, as well as all his income, current or periodicals.

(3) The debtor whose assets have already been seized is required to bring to the attention of the
executor who seizes the same assets the existence of the previous seizure and the identity of the
enforcement body that applied it, handing the executor a copy of the seizure minutes.

Article 648 - Third party guarantors

(1) The creditor, under the conditions of the law, may pursue, within the limit of the claim and its
accessories, simultaneously or, as the case may be, separately, the assets of third parties who have
guaranteed the payment of the debtor's debts. In this case, the provisions regarding the debtor's
rights and obligations are also applied accordingly to third parties, unless the law provides
otherwise.

(2) When only the third-party guarantor or mortgage guarantor is pursued, all enforcement
documents will be communicated at the same time to the principal debtor, who will automatically
be entered into the forced pursuit procedure.

Article 649 - Intervening creditors

Any creditor of the debtor may, under the conditions of art. 690 et seq., to intervene in the
enforcement procedure in progress until the date the bailiff sets the term for the capitalization of
traceable assets, and after depositing or recording the amounts obtained from the trace, may
participate in the distribution of these amounts, according to the provisions of art. . 864 and the
following.

Article 650 - Third parties

Any third party injured by an act of forced execution may request its abolition or, as the case may
be, the cessation of the forced execution itself, only by way of contesting the execution, if the law
does not provide otherwise.

Article 651 - Enforcement court

(1) The enforcement court is theCopertine

court in whoseBalcon
jurisdiction& the debtor's domicile or, as the case
Terasă
may be, the seat of the debtor is located, on the date of notification to the enforcement body,
Customizabile: Culori,Ifdimensiuni, mecanism de strângere. Mai multe
except in cases where the law provides otherwise. the domicile or, as the case may Alege Tentrom Paradise!
be, the
headquarters of the debtor is notTentrom
in the country,
Paradisethe jurisdiction is the court in whose jurisdiction
the creditor's domicile or, as the case may be, the headquarters of the creditor is located, on the
date of notification to the enforcement body, and if he is not in the country, the court in whose
jurisdiction is located the office of the bailiff invested by the creditor.

(2) The change of domicile or seat of the debtor or, as the case may be, of the creditor after the
start of enforcement does not change the jurisdiction of the enforcement court.

(3) The enforcement court resolves requests for approval of enforced enforcement, appeals to
enforcement, as well as any other incidents that occurred during enforced enforcement, with the
exception of those given by law in the competence of other courts or bodies.

( From 04-Feb-2016 Art. 651, paragraph (3) of book V, title I, chapter III amended by Art. I,

(4) If the law does not order otherwise, the enforcement court pronounces by means of an
executive order, which can only be challenged by appeal, within 10 days from the communication.

( From 24-Mar-2017 Art. 651, paragraph (4) of book V, title I, chapter III amended by Art. 1,
point 5. of Law 17/2017 )

Article 652 - The bailiff

(1) If the law does not provide otherwise, court decisions and other enforceable titles are executed
by the bailiff from the jurisdiction of the court of appeal, as follows:

a) in the case of the forced pursuit of real estate, the forced pursuit of fruits caught by the roots
and the direct real estate foreclosure, the bailiff from the jurisdiction of the court of appeal where
the building is located;

b) in the case of the enforced pursuit of movable assets and the direct enforcement of movable
assets, the judicial executor from the district of the court of appeal where the domicile or, as the
case may be, the seat of the debtor, or from the district of the court of appeal where the goods are
located; if the domicile or, as the case may be, the debtor's seat is abroad, any bailiff is competent;

c) in the case of forced execution of obligations to do and obligations not to do, the judicial
executor from the jurisdiction of the court of appeal where the execution is to take place.

(2) If the traceable assets, movable or immovable, are within the jurisdiction of several courts of
appeal, any of the judicial executors who work beside one of them is competent to carry out the
execution, including with regard to the traceable assets within the jurisdiction of the other courts
of appeal call.

( From 24-Mar-2017 Art. 652, paragraph (2) of book V, title I, chapter III amended by Art. 1,

(3) The bailiff remains competent to continue the enforced execution even if the debtor has
changed his domicile or, as the case may be, the headquarters after the execution began.

(4) If the bailiff initially invested by the creditor finds that there are no traceable assets and
income within his territorial competence, the creditor can ask the enforcement court to continue
the enforced execution through another bailiff, the provisions of art. 653 para. (4) applying
accordingly.

(5) Non-compliance with the provisions of this article entails the unconditional nullity of the
procedural acts performed.

Article 653 - Recusal and replacement of the bailiff

(1) Bailiffs can be challenged only in the cases and under the conditions provided for in art. 42
and the following.

(2) The challenge request does not automatically suspend the execution. However, the
enforcement court can order, with reasons, the suspension of the enforcement until the appeal is
resolved, through a decision that is not subject to any appeal. In order to order the suspension,
Customizabile:
the person requesting it must give Culori,
a deposit in the dimensiuni,
amount of 1,000mecanism de strângere.
lei in advance. Alege of
If the value Tentrom Paradise! Mai multe
the claim provided in the enforcement
Tentromtitle does not exceed 1,000 lei, the deposit will be 10% of
Paradise
the value of the claim.

(3) In case of admission of the recusal request, the conclusion will show to what extent the
documents completed by the bailiff are to be preserved.

(4) At the request of the creditor, the enforcement court may order, for valid reasons, the
replacement of the bailiff with another bailiff indicated by the creditor and the continuation of
forced execution by the new bailiff. The provisions of art. 654 para. (2) is applied accordingly.

Article 654 - Competence. Connection of executions

(1) When, regarding the same property, several enforced executions are carried out by different
judicial executors, the enforcement court in the jurisdiction of which the first execution began, at
the request of the interested person or any of the executors, will connect them, ordering that
make a single execution by the bailiff who performed the most advanced execution act, and if the
executions are at the same stage, by the bailiff who started the execution first.

(2) In case it orders the connection of executions, the court, by closing, will also rule on the
execution expenses incurred up to the moment of connection. At the same time, the court will
order the sending of related files to the executor appointed according to paragraph. (1) .

(3) After connection, the execution procedure will continue from the most forwarded follow-up
act.

(4) The desistance, after connection, of any of the following creditors will not be able to prevent
the continuation of the execution from the most advanced execution act.

(5) In the case of enforced executions under the role of the same executor, the connection will be
ordered by the executor, by concluding the date with the summons of the parties, the provisions
of para. (2) applying accordingly.

Article 655 - Competition between enforced execution and execution initiated by a creditor

The provisions of art. 654 remain applicable when, regarding the same goods, several executions
are carried out, some initiated by the bailiff, at the request of a creditor, and others directly by
other creditors, in the specific cases provided by law. In such cases, all enforcement acts will be
carried out by the competent bailiff in whose favor the connection was ordered, according to the
rules provided by this code, unless a special law provides otherwise.

Article 656 - Acts of the bailiff

(1) In the fulfillment of his duties and responsibilities related to the execution of enforceable
titles, the bailiff will draw up conclusions, minutes and other procedural documents in the forms
and within the terms provided by law.

(2) The material errors committed during the preparation of the documents shown in paragraph.
(1) can be addressed, ex officio or upon request, in compliance with the legal provisions provided
for their preparation.

Article 657 - Conclusions of the bailiff

(1) Postponement, suspension and termination of enforced execution, the release or distribution
of the sums obtained from the execution, as well as other specific measures provided by law, are
available by the judicial executor through the conclusion, which must include:

a) the name and headquarters of the enforcement body;

b) the date and place of drawing up the conclusion and the number of the execution file;

c) the enforceable title on the basis of which the enforcement procedure is carried out;

d) the name and domicile or, as the case may be, the name and headquarters of the creditor and
the debtor;

e) the execution procedure that isCopertine

the object of the conclusion;
Balcon & Terasă

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f) the matter on which the conclusion is adopted;
Tentrom Paradise

g) the reasons in fact and in law that determined the termination;

h) the disposition taken by the executor;

i) the way and term of appeal of the conclusion;

j) signature and stamp of the bailiff.

(2) The mentions from para. (1) lit. a) -h) and j) are provided under penalty of nullity.

(3) If the law does not provide otherwise, the decisions are given without summoning the parties,
they are communicated to them, they are executory by law and can only be challenged with a
challenge to the execution.

Article 658 - The Public Ministry

The Public Ministry supports, under the conditions of the law, the execution of court decisions
and other enforceable titles. In the specific cases provided by law, the Public Ministry can request
the execution of court decisions and other enforceable titles.

Article 659 - Agents of the public force

(1) In the cases provided by law, as well as when the judicial executor considers it necessary, the
police, gendarmerie or other agents of the public force, as the case may be, are obliged to support
the prompt and effective execution of all acts of forced execution, without conditioning the
fulfillment of this obligation to pay some sums of money or to perform another consideration.

(2) For this purpose, the executor will address the competent authority to ensure the
participation of the public force, which will have to take urgent measures to avoid delaying or
preventing the execution.

(3) The agents of the public force cannot refuse to support the forced execution activity on the
grounds that there are impediments, of any nature, to the execution, the only person responsible
for disregarding them being the bailiff, under the conditions of the law.

(4) In case of refusal, the provisions of art. 188 para. (2) and of art. 189-191 are applicable
accordingly.

Article 660 - Duty of third parties to provide information

(1) At the request of the judicial executor, those who owe sums of money to the pursued debtor or
own his goods subject to pursuit, according to the law, have the duty to communicate in writing
all the information necessary to carry out the execution. They are required to declare the extent of
their obligations towards the pursued debtor, possible ways that could affect them, previous
seizures, assignments of debt, subrogations, assumption of debt, novations, as well as any other
acts or facts of a nature to modify the content or the parties of the obligation relationship or the
legal regime of the property owned. At the request of the bailiff or the interested party, the
enforcement court may take the measures provided for in art. 187 para. (1) point 2 letter f) and in
art. 189.

(2) Also, at the request of the bailiff, public institutions, credit institutions and any other natural
persons or legal entities are obliged to communicate to him, immediately, in copies, the
documents, as well as, in writing, the data and information assessed by the judicial executor as
necessary to carry out the forced execution, including the personal numerical code of the person
subject to the forced execution, even if it is ordered otherwise by special laws.

In the same way, the fiscal bodies are obliged to communicate, under the same conditions, the
data and information they administer according to the law. At the request of the bailiff or the
interested party, the enforcement court may take the measures provided for in art. 187 para. (1)
point 2 letter f) and in art. 189.

(3)

[ Art. 660, para. (3) from bookCopertine

V, title I, chapter III was
Balcon & repealed
Terasăon 21-Dec-2018 by Art. I,
point 65. of Law 310/2018 ]

Tentrom
(4) The bailiff is obliged to ensure Paradiseof the information received, if the law does not
the secrecy
provide otherwise. This information can only be used for the purpose for which it was requested,
being strictly prohibited, under the sanctions provided by law, its disclosure to third parties or its
use for the creation of a personal database.

(5) In order to obtain the information necessary for execution, the bailiff has free access to the
land register, the trade register and other public registers that contain data about the debtor's
assets susceptible to enforcement. At the same time, the bailiff can request from the enforcement
court the data and information referred to in art. 154 para. (8) .

Article 661 - Assisting witnesses

(1) In the cases and under the specific conditions provided by the law, the presence of assistant
witnesses is mandatory when entering a house, premises, warehouses or other rooms, in order to
seize and lift the debtor's assets.

(2) At the discretion of the bailiff or at the request of the parties, assistant witnesses may be
invited in other cases as well.

(3) Persons with full legal capacity who are not interested in the execution of enforcement acts
and who are not with the participants in the enforcement procedure in terms of kinship up to the
fourth degree inclusive or of affinity up to the fourth degree can be assistant witnesses. second
times of subordination.

(4) If the law does not provide otherwise, the number of assisting witnesses must be at least 2.

Article 662 - Rights and duties of assistant witnesses

(1) The assistant witness, by signing the minutes, attests to the facts he witnessed.

(2) He is entitled to request information about the execution documents to which he is invited
and to make observations regarding their fulfillment. The observations of the assistant witness,
when appropriate, will be recorded by the bailiff in the minutes.

(3) Before starting the performance of the execution acts in which he is going to participate, the
bailiff will explain to the assisting witnesses their rights and duties.

(4) For the service rendered, the assistant witness is entitled to the sums stipulated in art. 326,
which applies accordingly.

CHAPTER IV: Enforcement

SECTION 1 - Notification of the enforcement body

Article 663 - Certain, liquid and enforceable debt

(1) Enforcement can only be done if the debt is certain, liquid and payable.

(2) The claim is certain when its undoubted existence results from the enforceable title itself.

(3) The claim is liquid when its object is determined or when the enforceable title contains the
elements that allow its establishment.

(4) The claim is payable if the debtor's obligation is due or he is forfeited from the benefit of the
payment term.

(5) Term and conditional claims cannot be enforced, but they can participate, under the law, in
the distribution of the sums resulting from the enforced pursuit of the assets belonging to the
debtor.

Article 664 - Application for forced execution

(1) Forcible enforcement can start only at the request of the creditor, unless otherwise provided
by law.

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(2) The request for forced execution is submitted, personally or through a legal or conventional
representative, to the office of theTentrom Paradise
competent judicial executor or it is sent to him by post, courier,
telefax, electronic mail or by other means that ensure the transmission of the text and
confirmation of the receipt of the request for execution with all supporting documents.

NOTE : In the interpretation and application of art. 664 para. (2) of, the conventional
representation of the legal person cannot be done by the legal person's attorney, nor by the
latter's legal adviser or lawyer, according to art. 84 para. (1) of the Civil Procedure Code, as it was
interpreted by Decision no. 9/2016 pronounced by the High Court of Cassation and Justice - The
panel for resolving some legal issues.

( From June 21, 2018, Art. 664, paragraph (2) of book V, title I, chapter IV, section 1, see

(3) The request for enforced execution, apart from the mentions provided in art. 148, will include:

a) the name, surname and domicile or, as the case may be, the name and headquarters of the
creditor and the debtor;

b) the property or, as the case may be, the type of service owed;

c) the execution methods requested by the creditor.

(4) The application shall be accompanied by the enforcement title in original or legalized copy, as
the case may be, and proof of stamp duty payment, including the judicial stamp, as well as, if
applicable, the specific entries provided by law.

Article 665 - Registration of the enforcement request

(1) As soon as he receives the enforcement request, the judicial executor, by closing, will order its
registration and the opening of the enforcement file or, as the case may be, will refuse the
opening of the enforcement procedure with reasons.

(2) The conclusion provided for in para. (1) the creditor is immediately notified. If the bailiff
refuses to open the enforcement procedure, the creditor can file a complaint within 15 days from
the date of notification of the termination provided for in paragraph. (1) , at the enforcement
court.

( From 04-Feb-2016 Art. 665 of book V, title I, chapter IV, section 1 amended by Art. I, point 7.
of Emergency Ordinance 1/2016 )

( From February 4, 2016, Art. 666 of book V, title I, chapter IV, section 1 was challenged by
(exception allowed) Decision 895/2015 )

Article 666 - Approval of enforced execution

(1) Within a maximum of 3 days from the registration of the request, the bailiff will request the
approval of the enforcement by the enforcement court, to which he will submit, in a copy certified
by him for compliance with the original, the creditor's request, the enforcement title, the
conclusion provided for in Art. 665 para. (1) and proof of payment of the judicial stamp duty.

(2) The request for the approval of the enforced execution is resolved within a maximum of 7 days
from its registration at the court, through a conclusion given in the council chamber, without
summoning the parties. The pronouncement can be postponed by no more than 48 hours, and
the reasoning for the termination is made in no more than 7 days from the pronouncement. The
termination is communicated ex officio, immediately, to the bailiff, as well as to the creditor.

( From 24-Mar-2017 Art. 666, paragraph (2) of book V, title I, chapter IV, section 1 amended by
Art. 1, point 6. of Law 17/2017 )

( From January 10, 2018, Art. 666, paragraph (2) of book V, title I, chapter IV, section 1, see

(3) The conclusion will include, apart from the mentions provided for in art. 233 para. (1),
showing the enforceable title on the basis of which the enforcement will be carried out, the
amount, when it is determined or determinable, with all the accessories for which the pursuit was
Customizabile:
approved, when the forced pursuit Culori,
of the debtor's dimensiuni,
assets mecanism
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thestrângere.
concrete Alege Tentrom Paradise!
method Mai multe
of forced execution, then when this was expressly
Tentrom Paradise requested.

(4) The approval of forced execution allows the creditor to ask the bailiff who requested the
approval to resort, simultaneously or successively, to all the methods of execution provided by
law in order to realize his rights, including the execution costs. The approval of forced execution
produces effects on the entire territory of the country. Also, the approval of forced execution
extends to the enforceable titles that will be issued by the bailiff in the framework of the approved
forced execution procedure.

(5) The court can reject the request for approval of enforced execution only if:

1. the request for enforced execution is the competence of another enforcement body than the
notified one;

2. the decision or, as the case may be, the writ does not constitute, according to the law, an
enforceable title;

3. The entry, other than a court decision, does not meet all the formal conditions required by the
law or other requirements in the specific cases provided by the law;

4. the debt is not certain, liquid and payable;

5. the debtor enjoys immunity from execution;

6. the title includes provisions that cannot be enforced by forced execution;

7. there are other impediments provided by law.

(6) The conclusion by which the court admits the request for the approval of the forced execution
is not subject to any appeal, but it can be censured in the context of the appeal to the forced
execution, introduced under the conditions provided by the law. The provisions of art. 712 para.
(3) remain applicable.

(7) The decision rejecting the request for approval of forced execution can only be challenged by
appeal exclusively by the creditor, within 15 days from the communication. The decision by which
the appeal is resolved is communicated, ex officio, immediately, to the bailiff.

( From 24-Mar-2017 Art. 666, paragraph (7) of book V, title I, chapter IV, section 1 amended by
Art. 1, point 6. of Law 17/2017 )

(8)

[ Art. 666, para. (8) from book V, title I, chapter IV, section 1 was repealed on 21-Dec-2018 by

Article 667 - Notice to the debtor

(1) If the enforcement request has been approved, the bailiff will communicate to the debtor a
copy of the conclusion given under the conditions of art. 666, together with a copy, certified by
the executor for compliance with the original, of the enforceable title and, if the law does not
provide otherwise, a summons.

(2) The communication of the enforceable title and the summons, with the exception of cases
where the law provides that the execution is done without a summons or without communicating
the enforceable title to the debtor, is provided under the penalty of nullity of the execution.

Article 668 - Summons

The debtor will be summoned to fulfill his obligation, immediately or within the term granted by
law, with the indication that, otherwise, the forced execution will be continued.

Article 669 - Exceptions to communication

It is not necessary to communicate the enforceable title and the summons:

1. In the cases provided for in art. 675; Mai multe

Tentrom Paradise
2. In the case of orders and decisions pronounced by the court and declared enforceable by law.

Article 670 - Execution expenses

(1) The party that requests the performance of an act or other activity that interests forced
execution is obliged to advance the expenses necessary for this purpose. For the documents or
activities ordered ex officio, the expenses are advanced by the creditor.

(2) The expenses caused by the enforcement are borne by the pursued debtor, except in the case
when the creditor waived enforcement, in which case they will be borne by him, or if the law
provides otherwise. Also, the debtor will be required to bear the execution expenses established
or, as the case may be, incurred after the registration of the execution request and until the date
of fulfillment of the obligation established in the execution title, even if he made the payment
voluntarily. However, if the debtor, summoned according to art. 668, executed the obligation
immediately or within the term granted by law, he will only be required to bear the expenses for
the execution acts actually performed, as well as the fee of the bailiff and, if applicable, of the
creditor's lawyer,

(3) The following are execution costs:

1. the stamp duties necessary to initiate enforcement;

2. the bailiff's fee, established according to the law;

3. the lawyer's fee during the enforced execution phase;

4. the fee of the expert, the translator and the interpreter;

5. expenses incurred on the occasion of publicizing the forced execution procedure and
performing other forced execution acts;

6. transport expenses;

7. other expenses provided by law or necessary for the enforcement.

(4) The sums due to be paid are established by the bailiff, by closing, based on the evidence
presented by the interested party, under the conditions of the law. These amounts can be
censured by the enforcement court, through the appeal to the enforcement formulated by the
interested party and taking into account the evidence administered by it. The provisions of art.
451 para. (2) and (3) shall be applied accordingly, and the suspension of execution regarding
these execution expenses is not conditioned by the payment of a bond.

(5) If the amounts established according to para. (4) cannot be recovered from the debtor, due to
the lack of traceable assets or other such causes, these, with the exception of the bailiff's fee, will
be paid by the creditor, who will be able to recover them from the debtor when his patrimonial
state allows, within the limitation period.

(6) For the amounts established by applying para. (1) -(5), the conclusion constitutes an
enforceable title both for the creditor and for the bailiff.

( From 04-Feb-2016 Art. 670, paragraph (6) of book V, title I, chapter IV, section 1 amended by
Art. I, point 9 of Emergency Ordinance 1/2016 )

Article 671 - Depositing and recording of sureties or other amounts

(1) The deposit or recording of any amount for the purpose of participating in the execution,
according to the law, of the forced execution or obtaining the suspension of the forced execution,
the deposit of the amounts with a special effect, as well as the deposit or recording of the amounts
representing the income of the tracked goods or the price resulting from the sale of these goods
they are made at CEC Bank - SA, the State Treasury or at any other credit institution whose
business is recording operations at the disposal of the enforcement court or the bailiff.

(2) Proof of the deposit or recording of these amounts can be done with the recording receipt or
any other document allowed by law.

Mai multe
(3) The release of these amounts is made to the entitled persons or their representatives only
Tentrom
based on the order of the bailiff or Paradise court, as the case may be.
the enforcement

(4) The provisions of art. 1. 057 and the following regarding judicial bail are applied accordingly.

Article 672 - Communication of procedural documents

The communication of the procedural documents within the enforced execution can be done by
the bailiff either personally or through the procedural agent, and, if this is not possible, according
to the legal provisions regarding the summoning and communication of the procedural
documents, which are applied accordingly . The proof of the communication through the
procedural agent has the same probative force as the proof of the communication made by the
executor himself.

SECTION 2 - Execution of enforcement documents

Article 673 - Transition to enforced execution

Except where the law provides otherwise, acts of forced execution can only be carried out after
the expiry of the term shown in the summons or, in its absence, in the one provided in the
conclusion by which the execution was approved.

Article 674 - Existence of a payment term

When a payment term has been established by the enforceable title, the execution cannot be done
before the fulfillment of that term.

Article 675 - Decay of the debtor from the benefit of the payment term

(1) The debtor who benefits from a payment term will be forfeited, at the request of the creditor,
from the benefit of this term, if:

1. the debtor avoids fulfilling his obligations according to the law for the purpose of enforcement;

2. the debtor squanders his wealth;

3. the debtor is in a state of known insolvency or, if by his act, committed with intent or due to a
serious fault, he reduced the guarantees given to the creditor or did not give those promised or, as
the case may be, approved;

4. other creditors execute executions on his property.

(2) In the cases provided for in para. (1) , the enforcement court will make urgent decisions, in
the council chamber, with the summons of the parties, in a short period of time. In the event that
the debtor no longer has a known domicile or headquarters, he will be summoned to his last
domicile or headquarters.

(3) The provisions of para. (1) does not apply when the debtor is the state or an administrative-
territorial unit.

Article 676 - The case of alternative obligations

(1) When the enforceable title includes an alternative obligation, without showing the term of
choice, the bailiff will notify the debtor to exercise this right within 10 days from the
communication of the conclusion of the approval of the execution, under penalty of forfeiture.

(2) The choice of benefit will be made by a written act that will be notified to the bailiff, who will
immediately notify the creditor about the choice made.

(3) After the expiry of the term stipulated in para. (1) , the right of choice passes to the creditor.
In this case, the bailiff will summon the debtor, requiring him to perform the service chosen by
the creditor.

Article 677 - Execution of reciprocal benefits

When the execution depends on a consideration, which results from the same enforceable title Mai multe
and is to be done by the creditor at the same time as the debtor's performance, the execution can
only be done after the creditorTentrom Paradise
has offered the debtor his own performance or after he has
provided written proof that the debtor has received it or is late in receiving it.

Article 678 - Existence of a bond

Decisions that are provisionally executed with bail will not be executed before the bail is
submitted.

Article 679 - Determination of enforcement documents

(1) If the law does not provide otherwise, for all enforcement acts carried out during the
execution, the bailiff is obliged to conclude minutes that will include the following mentions:


b) the name and quality of the person who concludes the minutes;

c) the date of drawing up the minutes and the number of the execution file;

d) the enforceable title on the basis of which the act of execution is carried out;

e) the name and domicile or, as the case may be, the name and headquarters of the debtor and
the creditor;

f) the place, date and time of execution of the execution act;

g) the measures taken by the executor or his findings;

h) recording the explanations, oppositions and objections of the participants in the execution;

i) other mentions required by law or considered by the executor to be necessary;

j) mentioning, when appropriate, the absence of the creditor or the debtor or the refusal or
impediment to sign the minutes;

k) mentioning the number of copies in which the minutes were drawn up, as well as the persons
to whom it was handed;

l) the signature of the executor, as well as, when appropriate, of other persons interested in the
execution or assisting in the performance of the execution act;

m) stamp of the bailiff.

(2) The mentions from para. (1) lit. a) -g), l) and m) are provided under penalty of nullity.

Article 680 - Access to the debtor's assets

(1) In order to execute a court decision, the bailiff may enter the premises representing the
domicile, residence or headquarters of a person, as well as any other places, with his consent, and
in case of refusal, with the assistance of the public force.

(2) In the case of enforceable titles other than court decisions, at the request of the creditor or the
judicial executor, submitted together with the request for approval of enforced execution or by
separate means, the competent court will authorize entry to the places mentioned in paragraph.
(1) . The court pronounces, as a matter of urgency, in the council chamber, with the summons of
the third party that owns the property, by means of an executory decision that is not subject to
any appeal.

Art. I, point 10. of Emergency Ordinance 1/2016 )

Article 681 - Identification of traceable assets

(1) The bailiff has the right to identify the traceable assets of the debtor and, at the place where Mai multe
they are found, to carry out execution acts on them, in the presence of the debtor or one of the
Tentromadult
adult members of his family or another Paradise
person who is in that place, and in their absence, in
the presence of an agent of the public force or, in the cases and conditions provided by law, of 2
assistant witnesses.

(2) The identification of traceable assets and the performance of enforcement documents at the
domicile or headquarters of a person other than the debtor's can be done, in the absence of the
respective person's consent, only with the prior authorization of the enforcement court, given
according to art. 680 para. (2) .

Article 682 - Measures in case of opposition to execution

(1) If the bailiff faces opposition to the performance of an execution act, at his request, made
under the conditions of art. 659 para. (2), the police, gendarmerie and other agents of the public
force are obliged to ensure the effective performance of the enforcement activity, including by
removing the debtor or any other person from the place of enforcement.

(2) If the opposition to execution meets the constitutive elements of a deed provided by the
criminal law, the judicial executor concludes a report, which he will immediately send to the
prosecutor's office next to the court of execution. Reporting to the prosecutor's office does not
prevent the continuation of enforcement.

Article 683 - Place of execution

Enforcement is carried out, as the case may be, at the place where the debtor earns income or at
the place where other income or assets of his subject to prosecution are found, if the law does not
provide otherwise.

Article 684 - The time when the execution is carried out

(1) No act of enforcement can be done before 6:00 a.m. nor after 8:00 p.m.

(2) Forced execution will not be possible at other times than those mentioned, nor on non-
working days, established according to the law, except in the case where it is ordered otherwise by
the judicial decision put into execution or in urgent cases in which the execution can be approved
by the enforcement court, through the conclusion given under the conditions of art. 680 para. (2)
.

(3) As an exception, the started execution may continue on the same day, but no later than 10:00
p.m., and on the following days, under the conditions stipulated in paragraph (1) .

Article 685 - Execution in the absence of the parties

Execution acts executed in the absence of the parties, when their presence is not expressly
required by law, are valid, if they are made in compliance with the legal provisions.

Article 686 - Penalty

Violation of the provisions of art. 674, 678 and 684 attract the cancellation of the execution.

SECTION 3 - Execution against the heirs

Article 687 - Prohibition of enforced execution

(1) If the debtor dies before the notification of the judicial executor, no enforced execution can be
started, and if he dies after it has been started, it cannot be continued as long as the inheritance
has not been accepted by those called to the inheritance or, in the absence, as long as a curator of
the succession has not been appointed, under the terms of the law, or, as the case may be, a
special curator for execution, under the conditions of art. 58.

(2) If the creditor or bailiff becomes aware, in any way, of the fact that the debtor has died, he is
obliged to immediately request the chamber of public notaries in whose jurisdiction the deceased
had his last residence to make a mention in the special register provided by the law about the
start of forced execution and to issue him a certificate from which it can be concluded whether or
not the debtor's inheritance has been debated, and if so, who are the persons who have the
capacity of heirs, as well as the fact that until the acceptance of the inheritance by at least one of
the successors was or was not appointed a curator of the succession.

Tentrom Paradise
(3) If it is established that the inheritance was not debated or, as the case may be, accepted, the
creditor or the bailiff may ask the chamber of public notaries in whose jurisdiction the deceased
had his last domicile or, as the case may be, the notary public already notified to prepare the the
inventory of the estate or the designation of a person for this purpose.

Article 688 - Commencement of execution against the heirs

(1) If the debtor dies before the forced execution begins and it is found that there is no accepting
heir and no curator of the estate is appointed, at the request of the creditor or the bailiff, the
enforcement court will immediately appoint a special curator, until when he will be appointed,
according to the law, the curator of the succession, the provisions of art. 58 applying accordingly.

(2) If the inheritance has been accepted and there are only major heirs, enforcement will be
started against all of them, unless only some of them are called, by law or according to the will of
the deceased, to answer for certain debts of the deceased. If the forced execution is started against
all the heirs, they will be summoned, through a collective notification, made at the place of the
opening of the inheritance, in its name, with the exception of the case in which they chose, during
the succession debate or even afterwards, another domicile in in view of the subpoena or their
representative, as the case may be.

(3) If among the heirs there are also minors or persons placed under judicial interdiction, the
forced execution will not be able to be started until after the appointment of legal representatives
or guardians. However, if after one month from the death of the debtor or from being placed
under judicial interdict, the legal representative or guardian has not been appointed, the creditor
or the bailiff will be able to ask the enforcement court to appoint a special curator, until his
appointment, the provisions of art. 58 applying accordingly.

Article 689 - Continuation of the execution against the heirs

If, upon the death of the debtor, the execution was started, it is suspended and will not be
resumed against the accepting successors until 10 days from the date when they were informed
about the continuation of the forced execution, the provisions of art. 688 applying accordingly.

SECTION 4 - Intervention of other creditors

Article 690 - The right to intervene

(1) Any creditor may intervene in the course of forced execution initiated by another creditor, but
only under the conditions and limits provided for in paragraph. (2) .

(2) They can intervene in forced execution:

1. creditors who already have an enforceable title against the debtor;

2. creditors who took insurance measures on his assets;

3. creditors who have a real right of guarantee or, as the case may be, a right of preference over
the pursued asset, preserved under the conditions provided by law;

4. unsecured creditors holding money claims resulting from records with a certain date or from
registers kept in compliance with the conditions provided by law.

Article 691 - The deadline for intervention

(1) If the law does not provide otherwise, the intervention can be made, under the penalty
provided in art. 696, until the term established by the executor for the capitalization, in any of the
ways provided by law or agreed by the parties, of the tracked movable or immovable property.

(2) However, creditors who have a real right of guarantee over the assets pursued and which is
preserved under the conditions provided by law, creditors who have claims having as their object
revenues owed to the general consolidated budget or the budget of the European Union, as well
as other privileged creditors who intervene during the enforced pursuit have the right to
participate in the distribution according to the rank conferred by their right of preference, even if
the request for intervention was made after the expiration of the term established according to
par. (1) , if they submitted their debt securities within the term stipulated in art. 869 para. (2) , in
order to draw up the project for the distribution of the amount resulting from the follow-up. The
provisions of art. 866 remain applicable.

Article 692 - Procedure Tentrom Paradise

(1) The request for intervention must be made in compliance with the requirements stipulated in
art. 664, expressly indicating whether the claim is certain, liquid and enforceable, as well as
whether it is guaranteed or unguaranteed, always in part, privileged or unsecured, as the case
may be. In case the creditor requested or obtained the taking of insurance measures on the
debtor's assets, this will also be mentioned, indicating the assets for which these measures were
requested.

(2) The request is submitted to the bailiff, together with certified copies of the supporting
documents, as well as of the report confirming the application of the insurance measure, if
applicable. In the event that monetary claims are claimed resulting from accounting entries made
in registers kept in compliance with the conditions stipulated by law, the request will be
accompanied, under penalty of inadmissibility, by an extract from the entries containing these
amounts, legalized by a notary public.

(3) After registering the request, the bailiff will immediately submit it to the competent
enforcement court, together with all supporting documents, the provisions of art. 665 and 666
applying accordingly. Until the intervention request is resolved, the court can suspend the release
or distribution of amounts obtained from the capitalization of the debtor's assets. The court can
compel the intervening creditor to pay a bond. The provisions of art. 719 para. (7) and (8) apply
accordingly.

(4) The court resolves the request in the council chamber, without summoning the parties, the
provisions of art. 666 applying accordingly. If the creditors who have submitted a request for
intervention do not have an enforceable title, the court will summon the debtor and the creditors
who do not have an enforceable title to the council chamber, urgently and in a short period of
time, for the recognition by the debtor of the claims, at the same time ordering the
communication to the debtor of the children on the intervention requests and on the supporting
documents.

(5) At the deadline set by the court, the debtor must declare whether he understands to recognize,
in whole or in part, the claims for which the intervention took place. If the debtor does not
appear, it is considered that he acknowledges all the claims claimed through the requests for
intervention.

(6) If the debtor contests, in whole or in part, the claimed claims, the intervening creditors whose
claims have been contested have the right to request the court, with the prior payment of the
bond provided for in art. 719 para. (2) to order the bailiff to set aside the claimed sums, if, within
5 days from the date on which the summons provided for in para. (4) , they will prove that they
have filed a legal action in order to obtain the enforceable title. Until this term expires, the release
or, as the case may be, the distribution of these amounts, if applicable, is suspended by law, and
after the deadline the court will decide on the suspension, under the conditions of para. (3) until
the dispute is resolved by a final decision. In this latter case,

Article 693 - Notification of the subsequent creditor and the debtor

(1) Once the enforcement court is notified, according to art. 692 para. (3) , the bailiff will
communicate a copy of the request for intervention and the supporting documents to the
subsequent creditor, and after the resolution of the request for intervention, and a certified copy
of the conclusion of its approval.

(2) If the request for intervention was approved, the executor will also notify the debtor, the
provisions of art. 667 applying accordingly.

Article 694 - The rights of the subsequent creditor

(1) In the case of unsecured creditors who intervened during the forced pursuit and whose claims
were recognized by the debtor, in whole or in part, the pursuing creditor has the right to indicate
them, through a notification, made within 10 days from the date of communication by the bailiff
of the certified copy of the conclusion of the approval of the request for intervention, the existing
and other assets of the debtor, which can be usefully tracked, inviting them to request the
extension of the tracking to these assets as well, if have an enforceable title, and to advance, in all
cases, the necessary expenses for the expansion.

(2) If, however, the intervening creditors do not request the extension of the follow-up also to the
goods indicated by the follow-up creditor or, as the case may be, do not advance the expenses
necessary for the extension, within 10 days from the date of the notification provided for in
Customizabile:
paragraph (1), the follow-up creditor Culori,
has the right dimensiuni,
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to them when Alegethe
distributing Tentrom Paradise! Mai multe
amount resulting from the follow-up.
Tentrom Paradise

(3) Subsequent creditors cannot oppose the requests for intervention made by other creditors,
except in the case where they prove that they have acted in fraud of their rights. However, they
can challenge, within the term provided by law, the distribution of claims according to the project
for the distribution of the sums resulting from the follow-up drawn up by the executor.

Article 695 - The effects of the intervention

(1) Intervening creditors and those whose claims have been recognized by the debtor, under the
conditions stipulated in art. 692, they can participate in the distribution of the amount resulting
from the pursuit, within the limits of the amounts claimed or, as the case may be, recognized,
and, if they have enforceable titles, participate, under the conditions of the law, in the pursuit of
the debtor's assets and request the execution of forced execution acts , if appropriate.

(2) Intervening creditors whose claims have been contested, in whole or in part, by the debtor
and who have asked the court that the claimed sums be set aside can only participate in the
distribution of the recorded sums under the conditions stipulated in art. 692 para. (6) , except if
they are claimed by other creditors in useful rank.

Article 696 - Late intervention

The unsecured creditors who intervened after the expiration of the term stipulated in art. 691
para. (1) , but before the expiration of the term for submitting the debt securities, in order to draw
up the project for the distribution of the amount resulting from the follow-up, they have the right
to participate in the distribution of the part of the amount remaining after the rights of follow-on
creditors, secured or privileged creditors and to those who intervened in a timely manner. The
provisions of art. 692 para. (4) -(6) remain applicable.

SECTION 5 - Expiration of enforced execution

Article 697 - Limitation period

(1) If the creditor, due to his fault, let 6 months pass without performing an act or step necessary
for enforcement, which was requested, in writing, by the bailiff, the enforcement shall expire by
law.

(2) In case of suspension of execution, the limitation period runs from the end of the suspension.
The statute of limitations is not suspended during the time that enforcement is suspended at the
creditor's request.

Article 698 - Determination of expiration. Effects

(1) The statute of limitations is established by the enforcement court, at the request of the bailiff
or the interested party, by means of a decision with a brief summons of the parties.

(2) Expiration of the enforcement entails the abolition of all enforcement acts, with the exception
of those that led to the realization, in part, of the claim included in the enforcement title and the
accessories.

Article 699 - Renewal of the enforcement request

(1) In case of expiration of the execution, it will be possible to make, within the limitation period,
a new request for forced execution, the provisions of art. 665 and 666 being applicable
accordingly.

(2) After approving the enforced execution, the executor will notify the debtor of the end of the
court, as well as a new summons, to which the enforced title will no longer be attached.


SECTION 6 - Postponement, suspension and restriction of execution

Article 700 - Postponement of execution

(1) Apart from other cases provided by the law, the bailiff cannot postpone the execution unless Mai multe
the procedure for summoning or drawing up the sales announcements and publications has not
been completed or if, at the setTentrom Paradise
deadline, the execution cannot be carried out due to the non-
fulfillment of to the creditor of the obligations provided for in art. 647 para. (1) .

(2) In the cases provided for in para. (1) , the postponement is ordered by the bailiff by closing.

Article 701 - Suspension of enforcement

(1) Forced execution is suspended in cases where it is provided by law or was ordered by the
court.

(2) Execution is also suspended at the request of the subsequent creditor by the bailiff.

(3) During the period of suspension of the execution, the execution acts carried out previously,
the execution measures ordered by the execution court or the executor, including those of the
non-disposal of assets, income and bank accounts, remain in place, except in the case where by
law or otherwise ordered by a court decision.

(4) The enforcement acts carried out on the day the request is resolved, having as their object the
suspension, even if provisional, of the enforcement are abolished by law by the effect of the
admission of the request for suspension and the challenge to the enforcement.

(5) After the termination of the suspension, the executor, at the request of the interested party,
will order the continuation of the execution, to the extent that the acts of execution or the forced
execution themselves have not been abolished by the court or they have not ceased by the effect of
the law.

Article 702 - Restriction of execution

(1) When the creditor pursues at the same time several movable or immovable assets whose value
is seen to be excessive in relation to the claim to be satisfied, the enforcement court, at the
request of the debtor and after the creditor's summons, may restrict the enforcement to certain
assets .

(2) If the request is accepted, the court will suspend the execution of the other assets.

(3) The suspended execution will not be able to be resumed until after the project of distribution
of the sums resulting from the executed execution remains final.

SECTION 7 - Termination of enforced execution

Article 703 - Cases of suspension of execution

(1) Forced enforcement ceases if:

1. the obligation stipulated in the enforceable title has been fulfilled in full, the execution
expenses have been paid, as well as other sums due according to the law;

2. it can no longer be carried out or continued due to the lack of traceable goods or the
impossibility of capitalizing on such goods;

3. the creditor has given up execution;

4. the enforceable title was abolished;

5. the execution was cancelled.

(2) In all cases, the bailiff will draw up a conclusion, motivated in fact and in law, with the
mention of the reason for the termination of the execution. The termination of execution will be
communicated immediately to the creditor and the debtor.

(3) In the cases provided for in para. (1) points 2, 3 and 5, the bailiff shall personally deliver the
writ of execution to the creditor or his representative.

Article 704 - Nullity of enforcedCopertine

execution Balcon & Terasă

Mai multe
Non-compliance with the provisions regarding the forced execution itself or the execution of any
Tentrom
act of execution attracts the nullity of the Paradise
illegal act, as well as of the subsequent acts of execution,
the provisions of art. 174 and the following being applicable accordingly.

Article 705 - Resumption of execution

(1) In the cases provided for in art. 703 para. (1) point 2 can request the resumption of forced
execution, within the limitation period of the right to obtain forced execution.

(2) The resumption of enforcement may be requested on the same asset. If this is a building, as
long as, according to the law, the resumption of forced execution can take place, it will not be
possible for the bailiff to request the deletion of the registered pursuit according to the provisions
of art. 822.

CHAPTER V: Prescription of the right to obtain enforcement

Article 706 - The limitation period

(1) The right to obtain forced execution is prescribed within 3 years, if the law does not provide
otherwise. In the case of titles issued in the matter of real rights, the limitation period is 10 years.

(2) The limitation period begins to run from the date on which the right to obtain enforcement
arises. In the case of judicial and arbitral decisions, the limitation period begins to run from the
date they remain definitive.

Article 707 - The effects of fulfilling the limitation period

(1) Prescription does not operate by right, but only at the request of the interested person.

(2) Prescription extinguishes the right to obtain forced execution and any enforceable title loses
its enforceable power. In the case of judicial and arbitral decisions, if the right to obtain the
defendant's obligation is imprescriptible or, as the case may be, has not been prescribed, the
creditor can obtain a new enforceable title, through a new process, without being able to oppose
the exception of res judicata authority.

Article 708 - Suspension of prescription

(1) The prescription period is suspended:

1. in the cases established by law for suspending the limitation period of the right to obtain the
defendant's obligation;

2. for as long as the suspension of enforced execution is provided by law or has been established
by the court or other competent jurisdictional body;

3. how long the debtor does not have traceable assets or that could not be capitalized or evades
his income and assets from tracking;


(2) After the termination of the suspension, the prescription resumes its course, taking into
account the time elapsed before the suspension.

(3) Prescription is not suspended during the time that forced execution is suspended at the
request of the subsequent creditor.

Article 709 - Interruption of prescription

(1) The prescription period is interrupted:

1. on the date of the fulfillment by the debtor, before the start of forced execution or during it, of a
voluntary act of execution of the obligation provided for in the enforceable title or of the
recognition, in any other way, of the debt;

2. on the date of submission of the enforcement

Copertine request, accompanied
Balcon & Terasă by the enforcement title,
even if it was addressed to an incompetent enforcement body;

Tentrom
3. on the date of submission of the Paradise
request for intervention in the forced pursuit started by other
creditors;

4. on the date of execution during the forced execution of an execution act;

5. on the date of submission of the application for resumption of execution;


(2) After the interruption, a new limitation period begins to run.

(3) The statute of limitations is not interrupted if the enforced execution was rejected, canceled or
expired or if the person who did it renounced it.

Article 710 - Reinstatement within the limitation period

(1) After the expiration of the limitation period, the creditor may ask for reinstatement within this
period only if he was prevented from requesting enforcement due to well-grounded reasons.

(2) The request for reinstatement within the deadline is submitted to the competent enforcement
court, within 15 days from the cessation of the obstruction. The judgment of the request is made
with the summons of the parties, by decision subject only to the appeal, according to common
law.

(3) If the request for reinstatement was accepted, the creditor can file a request for forced
execution within 30 days from the date of the final decision.

Article 711 - Other applicable provisions

The provisions of this chapter are supplemented by the provisions of the Civil Code regarding the
statute of limitations.

CHAPTER VI: Appeal to execution

Article 712 - Object of appeal

(1) Against the forced execution, of the decisions given by the bailiff, as well as against any act of
execution, an appeal can be made by those interested or injured by the execution. Also, an appeal
can be made to the execution in case the bailiff refuses to carry out a forced execution or to
perform an act of forced execution under the conditions of the law.

(2) If the procedure provided for in art. was not used. 443, an appeal can also be made if
clarifications are needed regarding the meaning, scope or application of the enforceable title.

(3) Also, after the start of the forced execution, the interested or injured parties can request, by
way of contesting the execution, the annulment of the conclusion by which the request for
approval of the forced execution was admitted, if it was given without fulfilling the legal
conditions.

( From 04-Feb-2016 Art. 712, paragraph (3) of book V, title I, chapter VI amended by Art. I,

(4) The distribution of common property assets in shares or in installments can be decided, at the
request of the interested party, and in the judgment of the challenge to execution.


(1) If the enforced execution is based on a judicial or arbitral decision, the debtor will not be able
to appeal by way of factual or legal reasons that he could have opposed during the trial in the first
instance or in a way of attack that was open to him.

(2) In case the forced execution is based on an enforceable title other than a court decision,
factual or legal grounds regarding the substance of the right contained in the enforceable title can
be invoked in the enforcement challenge, only if the law does not provide in relation to that
Customizabile:
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Tentrom Paradise
( From 21-Dec-2018 Art. 713, paragraph (2) of book V, title I, chapter VI amended by Art. I,
point 67. of Law 310/2018 )

(3) A new appeal cannot be made by the same party for reasons that existed at the time of the first
appeal. However, the appellant can modify his initial request by adding new grounds for appeal
if, regarding the latter, the deadline for exercising the appeal to execution is respected.

(4) Non-pursuing creditors have the right to intervene in the execution carried out by other
creditors, in order to take part in the execution or in the distribution of the amounts obtained
from the enforced pursuit of the debtor's assets.

(5) In the case of the procedure for the enforced pursuit of movable or immovable property or the
forced surrender of the immovable or movable asset, the challenge to the execution can be
introduced by a third person, but only if he claims a property right or another real right regarding
the respective good.


(1) The appeal is submitted to the enforcement court.

(2) In the case of the forced pursuit of real estate, the forced pursuit of fruits and the general
income of real estate, as well as in the case of the forced surrender of real estate, if the real estate
is within the jurisdiction of a different court of appeal than the one in which the court of appeal is
located execution, the appeal can also be submitted to the court at the location of the building.

(3) The appeal regarding the clarification of the meaning, scope or application of the enforceable
title shall be submitted to the court that pronounced the decision that is being executed. If such
an appeal concerns an enforceable title that does not emanate from a jurisdictional body, the
resolution competence belongs to the enforcement court.

NOTE : In the interpretation and uniform application of the provisions of art. 714, the civil
sections of the courts are functionally competent to resolve the appeals declared against the
decisions pronounced by the judges on the appeals against the forced executions initiated under
the provisions of art. 260 of Law no. 207/2015 regarding the Fiscal Procedure Code, with
subsequent amendments and additions.

( From 26th July 2019, Art. 714 of book V, title I, chapter VI, see application references from the
Act of Decision 18/2019 )

Article 715 - Terms

(1) If the law does not provide otherwise, the appeal regarding the forced execution itself can be
made within 15 days from the date when:

1. the appellant became aware of the enforcement act he contested;

2. the interested party received the communication or, as the case may be, the notice regarding
the establishment of the attachment. If the garnishment is based on periodic incomes, the appeal
period for the debtor begins at the latest on the date of the first withholding of these incomes by
the garnished third party;

3. the debtor contesting the execution himself received the conclusion approving the execution or
the summons or from the date when he became aware of the first act of execution, in cases where
he did not receive the conclusion approving the execution and neither the summons or the
execution is done without summons.

(2) The appeal against the bailiff's decisions, in cases where they are not, according to the law,
final, can be made within 15 days from the communication.

(3) The appeal regarding the clarification of the meaning, scope or application of the enforceable
title can be made at any time within the limitation period of the right to obtain forced execution.

(4) If the law does not provide otherwise, the appeal by which a third person claims to have a
right of ownership or another real right over the pursued good can be introduced during the
whole course of the enforced execution, but no later than 15 days from the performance of the
Customizabile:
sale or from the date of forced surrender Culori, dimensiuni, mecanism de strângere. Alege Tentrom Paradise!
of the good. Mai multe

Tentrom Paradise
(5) Failure to submit the appeal within the term stipulated in para. (4) does not prevent the third
party from realizing his right through a separate request, in accordance with the law, subject to
the rights definitively acquired by the third party adjudicators in the forced sale of the pursued
goods.

Article 716 - Form conditions

(1) Appeals are made in compliance with the formal requirements provided for subpoena
requests.

(2) The appellant who does not live or is not based in the locality of the court's seat may, by his
own request, choose his domicile or procedural headquarters in this locality, indicating the
person to whom communications are to be made.

(3) Attendance is mandatory.


(1) The challenge to the execution is judged with the procedure provided by this code for the trial
in the first instance, which is applied accordingly, the provisions of art. 200 not being applicable
in this case.

(2) The notified court will immediately request the bailiff to send him, within the fixed term,
copies certified by him of the contested enforcement file documents, the provisions of art. 286
being applicable accordingly, and will remind the interested parties to pay the expenses caused by
them.

(3) The parties will be summoned in a short time, and the trial of the appeal is done urgently and
with priority.

(4) At the request of the parties or when it deems it necessary, the court may request written
reports and explanations from the bailiff.


(1) The decision pronounced on the appeal can only be challenged by appeal, with the exception
of the decisions pronounced under art. 712 para. (4) and art. 715 para. (4) which can be
challenged under common law conditions.

(2) The decision by which the dispute regarding the meaning, extent or application of the
enforceable title was resolved is subject to the same appeals as the decision being executed. If the
appeal requested clarification of the meaning, scope or application of a title that does not
constitute a decision of a jurisdictional body, the decision by which the appeal was resolved may
only be challenged by appeal, the provisions of para. (1) applying accordingly.


(1) Until the resolution of the challenge to the execution or other request regarding the forced
execution, at the request of the interested party and only for valid reasons, the competent court
may suspend the execution. The suspension can be requested together with the enforcement
appeal or through a separate request.

(2) In order to order the suspension, the person who requests it must give a deposit in advance,
calculated at the value of the object of the appeal, as follows:

a) 10%, if this value is up to 10,000 lei;

b) of 1,000 lei plus 5% for what exceeds 10,000 lei;

c) of 5,500 lei plus 1% for what exceeds 100,000 lei;

d) of 14,500 lei plus 0.1% for what exceeds 1,000,000 lei.

(3) If the object of the appeal is Copertine

not evaluable inBalcon
money, the& bail will be 1,000 lei, unless the law
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provides otherwise.

(4) The suspension of execution is Tentrom Paradise

mandatory and the deposit is not necessary if:

1. the decision or writ that is executed is not, according to the law, enforceable;

2. the writ being executed was declared false by a court decision issued in the first instance;

3. the debtor provides authentic written proof that he obtained a postponement from the creditor
or, as the case may be, benefits from a payment term.

(5) If the tracked goods are subject to destruction, degradation, alteration or depreciation, only
the distribution of the price obtained from the capitalization of these goods will be suspended.

(6) On the request for suspension, the court, in all cases, pronounces by closing, even before the
deadline set for judging the appeal. The parties will always be cited, and the conclusion can be
challenged, separately, only by appeal or, if it is pronounced by the court of appeal, only by
appeal, within 5 days from the ruling for the present part, respectively from the communication
for the missing one.

( From 24-Mar-2017 Art. 719, paragraph (6) of book V, title I, chapter VI amended by Art. 1,

(7) If there is an emergency and if, in the cases provided for in para. (2), respectively para. (3) ,
the bail has been paid, the court can order, by conclusion and without summoning the parties, the
provisional suspension of the execution until the suspension request is resolved. The termination
is not subject to any appeal. The deposit submitted according to this paragraph remains
unavailable even if the request for provisional suspension is rejected and is deductible from the
final deposit established by the court, if applicable.

(8) The conclusion by which the suspension of the forced execution was ordered is communicated
ex officio and immediately to the judicial executor.

Article 720 - The effects of resolving the appeal

(1) If it admits the challenge to the execution, the court, taking into account its object, as the case
may be, will correct or annul the contested act of execution, will order the cancellation or
cessation of the execution itself, will cancel or cancel the enforceable title.

(2) Also, if the interested party requested the division of the common property through the
enforcement appeal, the court will also decide on their division, according to the law.

(3) If the appeal is rejected, the appellant may be obliged, upon request, to pay compensation for
the damages caused by the delay in execution, and when the appeal was made in bad faith, he will
also be obliged to pay a judicial fine from 1. 000 lei to 7,000 lei.

(4) The decision to admit or reject the appeal, which remains definitive, will be communicated, ex
officio and immediately, to the bailiff.

(5) If the appeal is accepted, the bailiff is obliged to comply with the measures taken or ordered
by the court.

(6) When the appeal has been rejected, the amount representing the deposited deposit remains
unavailable, to be used to cover the claims shown in paragraph. (3) or of those established by the
enforceable title, as the case may be, the situation in which the executor will also be notified of
the recording receipt of this amount.

(7) If it finds the unjustified refusal of the executor to receive or register the request for forced
execution or to fulfill an act of forced execution or to take any other measure provided by law, the
enforcement court will be able to oblige the executor , by the same decision, to pay a judicial fine
from 1,000 lei to 7,000 lei, as well as, at the request of the interested party, to pay compensation
for the damage thus caused.

(8) In the situation provided for in para. (7), the court will request the conclusion provided for in
art. 665 para. (1) or, as the case may be, the document stating the bailiff's refusal to receive or
register the request for forced execution, to fulfill an act of forced execution or to take another
measure provided by law.

( From 04-Feb-2016 Art. 720, paragraph (8) of book V, title I, chapter VI amended by Art. I, Mai multe
Tentrom Paradise

CHAPTER VII: Filing with special impact


(1) Until the assets put up for forced sale are adjudicated, the debtor or the third-party guarantor
can obtain the abolition of the insurance or enforcement measures, by registering at the unit
provided by law, at the disposal of the judicial executor, the entire value of the claim, with all
accessories and enforcement expenses, and submitting proof of registration to the bailiff.

(2) Upon the request of the debtor or the third-party guarantor, the bailiff will issue a decision as
a matter of urgency, by closing, the date with the summons of the parties, which will be
immediately communicated to the parties.

(3) If the request is accepted and the debtor or third party guarantor does not object, the bailiff,
together with the abolition of the measures, will also order the release of the amount in the hands
of the creditor.

(4) If, however, the debtor or third-party guarantor proves that he filed an appeal within the
deadline and opposes the release, it is suspended by law, and the bailiff will rule on the release of
the amount only after the court has given a final decision on the appeal respectively.

Article 722 - Effects

The amount recorded by the debtor or the third party guarantor, according to art. 721, will serve
exclusively to pay the creditor on whose account the recording was made, as well as to cover the
execution expenses, except in the case where there are several following creditors or interveners,
when the distribution will proceed, according to the provisions of art. 864 and the following.

CHAPTER VIII: Return of execution

Article 723 - The right to return the execution

(1) In all cases where the enforceable title or the forced execution itself is abolished, the
interested party has the right to return the execution, by restoring the situation before it. The
execution costs for the performed documents remain the responsibility of the creditor.

(2) The goods on which the enforcement was carried out shall be returned to the entitled party,
without prejudice to the rights definitively acquired by bona fide third parties.

(3) In case the forced execution was done through the sale of some movable property, the return
of the execution will be done by the creditor returning the amount resulting from the sale,
updated according to the inflation rate, except for the situation when art. 777.

Article 724 - Method of restoration

(1) In the event that the judicial court abolished the enforceable title or the enforced execution
itself, at the request of the interested party, it will order, by the same decision, on the restoration
of the situation prior to the execution. If the asset subject to forced execution is an immovable
asset, the court will order the necessary land registry operations to be carried out, without
prejudice to the rights definitively acquired by bona fide third parties, according to the land
registry rules.

(2) If the court that annulled the executed decision ordered the retrial of the merits of the trial
and did not take measures to restore the situation prior to the execution, this measure may be
ordered by the court that rejudges the merits.

(3) If the restoration of the situation prior to execution was not ordered under the conditions of
para. (1) and (2), the entitled person will be able to request it, separately, from the enforcement
court. The judgment will be made urgently and with caution, the decision being subject only to
the appeal.

Article 725 - Special cases

If the enforceable title issued by Copertine

a body other than a court &
Balcon hasTerasă
been abolished by that body or by
another body outside the court system, and the method of restoring the situation prior to
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be obtained through a request submitted to the court provided for in art. 724 para. (3) .
Tentrom Paradise

Article 726 - Provisional enforcement

The decision of the first instance by which the restoration of the situation prior to the execution
was ordered can be given with provisional execution, the provisions of art. 449 applying
accordingly.

TITLE II: Enforced pursuit of the debtor's assets

CHAPTER I: Movable pursuit

SECTION 1 - Movable assets that cannot be traced

Article 727 - The immeasurable goods

The following are not subject to forced surveillance:

a) the goods for personal or household use indispensable for the living of the debtor and his
family and objects of worship, if there are not more of the same kind;

b) the indispensable objects for the disabled and those intended for the care of the sick;

c) the food necessary for the debtor and his family for a period of 3 months, and if the debtor
deals exclusively with agriculture, the food necessary until the new harvest, the animals intended
to obtain the means of subsistence and the fodder necessary for these animals until the new
harvest;

d) the fuel necessary for the debtor and his family calculated for 3 months of winter;

e) personal or family letters, photographs and paintings and the like;

f) goods declared untraceable in the cases and under the conditions provided by law.

Article 728 - The goods intended for exercising the debtor's occupation or profession

(1) Movable assets that are the subject of a division of the patrimony affected by the exercise of an
authorized profession can only be pursued by the creditors whose claims arose in connection with
the exercise of the respective profession. If the assets are not affected by an individual
professional patrimony, but serve to exercise the occupation or profession of the natural person
debtor, they can be subject to compulsory pursuit only if there are no other traceable assets and
only for maintenance obligations or other privileged claims on movables.

(2) If the debtor deals with agriculture, the agricultural inventory, including work animals, fodder
for these animals and seeds for the cultivation of the land, will not be tracked, to the extent
necessary for the continuation of the work in agriculture, except in the case that on these goods
there is a real right of guarantee or a privilege to guarantee the claim.

Article 729 - The limits of tracking monetary income

(1) Salaries and other periodic incomes, pensions granted under social insurance, as well as other
amounts that are periodically paid to the debtor and are intended to ensure his means of
existence can be traced:

a) up to half of the net monthly income, for the amounts owed as a maintenance obligation or
allowance for children;

b) up to one third of the net monthly income, for any other debts.

(2) If there are several claims on the same amount, the claim cannot exceed half of the debtor's
net monthly income, regardless of the nature of the claims, unless the law provides otherwise.

(3) Income from work or any other sums that are periodically paid to the debtor and are intended
to ensure his means of existence, if they are lower than the amount of the minimum net salary for
the economy, can be traced only to the part that exceeds half of this amount.

(4) Aid for temporary incapacityTentrom Paradise

for work, compensation granted to employees in case of
termination of the individual employment contract on the basis of any legal provisions, as well as
the sums due to the unemployed, according to the law, can only be pursued for sums owed as an
obligation to maintenance and compensation for damages caused by death or bodily injury,
unless the law provides otherwise.

(5) Pursuing the rights provided for in para. (4) it can be done within the limit of half of their
amount.

(6) The amounts withheld according to the provisions of para. (1) -(4) is released or distributed
according to art. 864 and the following.

(7) State allowances and allowances for children, aid for caring for a sick child, maternity aid,
those granted in case of death, scholarships granted by the state, per diems, as well as any other
such allowances with a special purpose, established according to the law , cannot be pursued for
any kind of debt.

Article 730 - Penalty

Renunciation of the benefit of the provisions provided in the articles of this section, as well as the
pursuit or assignment made in violation of these provisions are null and void.

SECTION 2 - The procedure for tracking the property

SUBSECTION 1 - A§1. Seizure of movable property

Article 731 - Indication of the goods on which the enforcement should be carried out

In order to realize his claims, the creditor will be able to track the debtor's movable assets, located
with him or with other persons. The creditor can indicate the movable assets on which he would
like to be executed. If the bailiff assesses that the realization of the creditor's rights is not ensured
by capitalizing on these assets, he will pursue other assets as well.

Article 732 - Application of seizure on the debtor's assets

(1) If within one day of the communication of the summons accompanied by the conclusion of
approval of the execution, the debtor does not pay the amount due, the bailiff will proceed to
seize the traceable movable assets of the debtor, in order to capitalize them, even if they are
owned by a third

(2) If there is an obvious danger of evasion of the assets from the pursuit, at the creditor's request
made in the execution request, the court, by concluding the approval of the execution, will order
the sequestration of the traceable assets together with the communication of the summons to the
debtor. In this case, the corresponding mention will be made in the conclusion of approval of the
execution.

( From 04-Feb-2016 Art. 732, paragraph (2) of book V, title II, chapter I, section 2, subsection 1
amended by Art. I, point 14. of Emergency Ordinance 1/2016 )

(3) For the goods seized by the insurer, a new seizure is not necessary, but the bailiff is obliged to
check if the respective goods are found at the place of seizure and if they have not been replaced
or degraded, as well as to seize other assets of the debtor, in case in which those found during the
verification are not sufficient to realize the claim.

(4) Movable assets located in the place that constitutes the domicile or residence or, as the case
may be, the registered office or workplace of the debtor are presumed, until proven otherwise, to
belong to the latter. If it is stated that some goods belong to another person, but his rights do not
result from records with a certain date, the executor will seize the goods, but he will mention in
the seizure report about the claimed rights.

Article 733 - Seizure of assets in the hands of third parties

(1) Seizure may also be applied to assets belonging to the debtor, but owned by a third party,
unless the latter does not recognize that the assets belong to the pursued debtor. If the third party
recognizes that the goods belong to the debtor, he is obliged to declare whether he owns them
under any title and to hand over Customizabile:
to the executorCulori, dimensiuni,
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if applicable. Mai multe

Tentrom Paradise
(2) If the third-party holder does not recognize that the goods belong to the debtor, but the
creditor claims and proves that the respective goods belong to him, the enforcement court will be
able, by definitive conclusion, given with the short notice of the parties, to authorize the executor
to continue applying the sequestration.

(3) The third-party possessor who has a right of use over the seized asset can ask the enforcement
court to be authorized to continue using the asset, if there is an optional insurance against
damages for it or it is to be contracted, within the term set by the court, as the case. In all cases,
the subsequent creditor's agreement in this sense replaces the authorization of the enforcement
court.

Article 734 - Competition of the public force

(1) The presence of a police officer, a gendarme or other agents of the public force will be
necessary, under penalty of nullity, in the following situations:

1. if the doors of the debtor's building or the third party owner are locked and he refuses to open
them;

2. if they refuse to open the rooms or furniture;

3. if the debtor or the third-party holder is absent and there is no adult in the building or no one
responds to the executor's request to open the building's doors.

(2) After opening the doors or furniture, the presence of those mentioned in para. (1) may be
supplemented by 2 assistant witnesses.

(3) Apart from the situations provided for in para. (1) , the bailiff will also be able to request the
participation of the public force, either to remove the opposition to the seizure, or to maintain
order during the seizure.

Article 735 - Opening of rooms and furniture

In all cases, the rooms and furniture will be opened gradually, as the seized goods will be entered
in the seizure report.

Article 736 - Participation of specialists

The bailiff will be able to resort, if necessary, to the services of specialists, to open the premises,
rooms, iron houses and any other furniture in which the goods to be seized are located, to identify
them or to ensure their transport , as the case.

Article 737 - Seizure of assets in rented boxes

The provisions of art. 734-736 are also applicable in the event that the seizure is based on the
contents of the boxes rented by the debtor to credit institutions or other specialized units.

Article 738 - Identification of seized assets

(1) The bailiff is obliged to identify the seized assets with a distinctive sign, being able to
photograph or film the seized assets.

(2) If the debtor requests that the goods be placed in a room with sealed entrances, this sign will
not apply.

Article 739 - Seizure of assets already identified

(1) If the seized animals or objects are identified, according to some legal provisions, by records
issued or certified by a public authority or institution, mention will be made of the application of
the seizure on these records.

(2) If the debtor does not have or refuses to present the respective documents, the executor will
proceed to apply a distinctive sign on these assets, if this is possible, or, at the request of the
creditor, to pick them up and entrust them to an administrator-seizure designated by the
Customizabile:
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will Mai multe
be advanced by the creditor and borne byParadise
Tentrom the debtor as part of the execution expenses.

Article 740 - Seizure of motor vehicles

(1) In the procedure of tracking a vehicle, the property of the debtor, the bailiff may order the
seizure of that asset, mentioning this measure on the registration certificate, as well as on the
identity card of the respective vehicle. If this latter measure cannot be applied for various
reasons, the bailiff will mention this aspect in the seizure report, as well as the causes that led to
the creation of this situation.

(2) The vehicle will be impounded by applying seals or given to the deposit of a person chosen by
the creditor. A copy of the report of the pursuit of that vehicle will be communicated both to the
traffic police and to the tax authorities in whose jurisdiction that asset was registered, in order to
note this measure in their records. If the unavailability of the vehicle and the documents specified
in para. (1) cannot be carried out by the deadline at which the bailiff ordered the application of
the seizure measure, the report will be communicated to the traffic police service, which will be
able to stop the tracked vehicle in traffic, regardless of where it is located.

(3) The traffic police body will be able to stop the impounded vehicle in traffic and proceed to
pick up the registration certificate, the identity card, notifying the driver of the vehicle that the
asset is impounded and to present himself to the bailiff within a reasonable time. At the same
time, the bailiff who applied the measure provided for in para. (1) . This operation will be
recorded by the police body in a report, in which a brief description of the impounded vehicle will
be made, a copy of which will be given to the driver of the vehicle. Both the documents and a copy
of the minutes will be sent to the bailiff who applied the seizure measure on that vehicle.

(4) The bailiff can also apply the measure of seizure on a motor vehicle based on the data
obtained from the community public service regime of driving permits and registration of
vehicles, if the debtor in question is the registered owner of that asset, the traffic police, based on
to the minutes communicated by the bailiff, proceeding according to para. (2) and (3).

(5) The vehicle subject to seizure according to the provisions of this article may be used by the
debtor until recovery, if he submits or remits to the bailiff a negotiable insurance policy, for an
insured amount at least equal to the insurance value of the vehicle.

Article 741 - Seizure of assets affected by real guarantees

(1) If there is a real right of guarantee established in favor of a third person on the asset being
seized, the bailiff, taking knowledge of this right, will notify that person about the application of
the seizure and summon him to all the deadlines set for the sale of the respective asset .

(2) The application of the seizure will be mentioned in the Electronic Archive of Real Movable
Securities or in other publicity registers, as the case may be.

Article 742 - Publicity of seizure

(1) The application of the seizure will be mentioned, at the request of the bailiff, in the trade
register, in the Electronic Archive of Real Securities, in the succession register kept by the
Chamber of Public Notaries or in other publicity registers, as the case may be.

(2) From the date of registration, the seizure becomes opposable to all those who, after
registration, will acquire any right over the respective asset.

Article 743 - Seizure of previously seized assets

(1) The bailiff who, appearing at the domicile or headquarters of the debtor, the third-party
holder or the seizure administrator, will find another investigation established, after taking a
copy of the respective report, in the hands of the debtor, to the third party holder or the seizure
administrator or at his domicile or headquarters, he will conclude a report in which he will show
the name and quality of the person who made the previous pursuit and will declare the same
assets seized by him.

(2) The executor will be able, at the same time, to seize other assets that were not previously
pursued.

(3) A certified copy of the seizure report will be communicated to the enforcement body that first
started the investigation.

Mai multe
(4) In this case, the pursuits are considered connected, the provisions of art. 654, and the creditor
for whom the sequestration wasTentrom Paradise
established will be able to continue the pursuit even if the first
pursuing creditor has given up the pursuit.

Article 744 - Record of seizure

(1) The execution of the seizure will be noted immediately in a report that will provide, in
addition to the data and mentions provided for in art. 679 para. (1), the following:

a) the summons for payment made verbally to the debtor and his response, if present;

b) the enumeration, description and evaluation, at the executor's discretion, if possible, of each
seized movable asset;

c) indicating the assets that, being exempted from the pursuit, were not seized, in case the seized
assets do not cover the debt;

d) mention of the rights claimed by other persons over the seized assets;

e) showing the seized assets over which there is a real right of guarantee constituted in favor of a
third person;

f) showing the seized assets that have been sealed or seized;

g) showing the person to whom the seized goods are left in storage.

(2) The minutes will be signed by the executor and by the persons who, according to the law,
assisted in the application of the seizure. If they cannot or refuse to sign, the bailiff will mention
this circumstance in the minutes.

(3) Each copy of the seizure report will be handed over to the debtor or, as the case may be, to the
third party holder and the seizure administrator, the latter signing with the mention of receipt of
the assets in custody. If these persons are not present or refuse to receive a copy of the minutes,
the proceedings will be carried out according to the provisions regarding the communication and
delivery of summonses.

Article 745 - Unavailability of seized assets

From the moment the assets are seized, the debtor can no longer dispose of them for the duration
of the execution, under the penalty of a judicial fine from 2,000 lei to 10,000 lei, if the act does
not constitute a crime. The provisions of art. 189-191 are applicable.

Article 746 - Preservation of seized assets

(1) The seized goods are left, with the consent of the creditor, in the deposit of the debtor or the
third party holder or can be taken into deposit by the creditor, if the debtor does not object.

(2) If there is a danger that the debtor or the third party holder alienates, substitutes or damages
the seized assets, the bailiff will proceed to seal or remove them.

(3) If the debtor or the third-party holder refuses to receive the assets in storage or is not present
when the seizure is applied, as well as in the case of the assets being lifted, the bailiff gives
custody of the seized assets to an administrator-seizure, preferably appointed from among the
persons appointed by the creditor. The seizing administrator must be of age and generally known
to be solvent. He can be bound by the court, at the request of the creditor or the executor, and
upon giving a bond. The spouse, relatives or relatives of the debtor, up to the fourth degree
inclusive, or the persons in his service will not be able to be appointed administrators-seizure
except with the consent of the creditor.

(4) Amounts in lei or foreign currency, securities, objects made of precious metals and precious
stones are collected and handed over by the executor, based on the minutes, to the deposit of
credit institutions or another entity authorized in this purpose.

(5) Art objects, valuable collections, museum objects and the like are picked up and handed over
by the executor, based on minutes, to the warehouse of museums or another entity authorized for
their storage.

Tentrom
(6) If the entities shown in para. Paradise
(4) and (5) refuse to take the seized goods into storage, the
provisions of para. (1)-(3) .

(7) In all cases, the bailiff keeps the proof of the deposit of the respective values, and in the case of
securities, such as shares or registered or bearer bonds, he will immediately notify the
enforcement court to take the necessary measures for the preservation and administration of the
securities and the appointment, if necessary, of a special curator, who will exercise the rights
related to them.

(8) In the case of credit titles transmissible by promissory note, the executor shall make a
mention on the titles about the application of the seizure, specifying the date when the mention
was made. After making the mention, the seized titles will no longer be able to be pledged, and
the debtor mentioned in the credit title will not be able to validly release himself except by
recording the amount to the entity provided by law and submitting the receipt to the executor.

(9) The seizure of registered securities shall be notified to the issuing company or institution, as
well as to the company or other person to whom they were given for safekeeping or
administration, in order to mention the seizure in the respective register.

Article 747 - Alienation of seized assets

Neither the seizing administrator, nor the debtor or the third party holder will be able to
transport the seized assets from the place where they were authorized to keep them, except with
the approval of the bailiff. In the latter case, the transport costs will be advanced by the interested
party.

Article 748 - Remuneration of the seizure administrator

(1) If the receiver-seizure administrator is a person other than the debtor or the third party
holder, he will have the right to a remuneration, which will be fixed by the executor, by closing,
taking into account the submitted activity, and in the case of specialized units, of the rates or
prices charged by them for similar services. The remuneration and expenses of the seizure
administrator will be able to be paid in advance by the pursuing creditor who will take them
primarily from the price of the pursued goods.

(2) The conclusion by which the remuneration of the sequestration administrator is fixed is given
with the summons of the parties.

Article 749 - The liability of the seizing administrator

The receiver-administrator, as well as any other persons charged with the custody of the seized
assets, will be responsible for any damage caused to the creditor or the debtor due to their
negligence and will be replaced, according to the provisions regarding the appointment of
receiver-administrators, being able to be convicted, if necessary, and to the penalties provided by
the criminal law.

Article 750 - Release of the third party holder

(1) The third-party holder will be able, during the sequestration, to get rid of the pursued debtor's
assets, if his restitution obligation is due.

(2) For this purpose, he will be able to ask the bailiff for approval to deposit the assets seized from
him in the hands of another person. The executor will make an urgent decision, by closing, with
the summons of the third party holder, the debtor and the subsequent creditor, on the person to
whom the assets are to be entrusted. The subsequent creditor and the debtor will be able to agree
that they be entrusted to the debtor himself.

(3) If the follow-up creditor and the debtor do not agree, the executor will entrust the seized
goods to a person designated by the creditor.

(4) Entrusting the goods in the hands of the accepted or designated person, according to para. (2)
and (3) , will be ascertained through a report signed by the executor and the seizure
administrator.

Article 751 - Stopping the pursuit

(1) The debtor will be able to prevent the attachment or, as the case may be, obtain its lifting only Mai multe
if:
Tentrom Paradise

1. pay the debt, including accessories and execution expenses, in the hands of the creditor or
representative or having a special power of attorney. The provisions of art. 703 are applicable;

2. makes the submission with the special impact provided for in art. 721 para. (1) and hand over
the recording receipt to the executor. In this case, the bailiff will issue to the debtor a proof of
receipt, will conclude a report in which he will make this finding and, if the debtor has not
appealed under the conditions of para. (2) , will stop the prosecution or, as the case may be, will
order the seizure to be lifted. Otherwise, if the debtor has filed an appeal, the executor will
immediately submit the ascertaining report together with the receipt, to the enforcement court,
which will rule urgently, according to the provisions of art. 717. Until the appeal is resolved, the
prosecution is suspended by law.

(2) In the case provided for in para. (1) point 2, if the debtor files an appeal and opposes the
release of the recorded amount, he will be able to submit it to the executor himself, together with
the receipt of recording the amount, under evidence, or he will be able to submit it directly to the
competent court , within 5 days from the date of the minutes drawn up by the executor, in which
case a copy of the appeal will be handed to the executor.

(3) The appeal will be made in compliance with the formal conditions provided for in art. 716.

(4) If the term stipulated in para. (2) has expired without the debtor submitting or filing an
appeal, the submission with special effect will be considered as payment made to the creditor,
and he will be able to collect the recorded amount, on the basis of a decision of the executor for
urgent matters, with the summons of the parties .

Article 752 - Continuation of the pursuit

(1) In any cases other than those provided for in art. 751, the debtor or another interested person
cannot stop the sale of the seized goods, but can contest the execution, according to the
provisions of art. 712 and the following.

(2) The third party contesting the execution will not be able to prove with witnesses his right of
ownership over the movable assets seized in the home or business of the pursued debtor, except
in the case when, in relation to the profession or trade of the challenger or the debtor, such
evidence becomes admissible.

(3) The contesting spouse who lives with the debtor spouse and who does not exercise a
profession or operate a business will not be able to prove his right of ownership over the seized
movable property except with the matrimonial agreement or other documents with a certain date,
from which it can be concluded that they belonged to him before the marriage, or that he
acquired them later through donation or inheritance, or, if he had his own assets at the time of
acquisition, that he acquired them by purchase or in another way. However, this provision does
not apply to assets that, obviously or by their destination, belong to the pursued debtor's
husband.

SUBSECTION 2 - A§2. Valorization of seized assets

Article 753 - Methods of capitalization

(1) If, within 15 days from the application of the seizure, the amount due, all the accessories and
execution expenses have not been paid, the bailiff will proceed to capitalize on the seized assets
by sale at public auction, direct sale or by other methods allowed by law .

(2) However, the sale may be made as soon as the goods have been seized, if they are subject to
destruction, degradation, alteration or depreciation, or if their preservation would cause
disproportionately large expenses in relation to their value.

Article 754 - Amicable sale

(1) The bailiff, with the consent of the creditor, may allow the debtor to proceed himself with the
capitalization of the seized goods. In this case, the debtor is obliged to inform the executor in
writing about the offers received, indicating, as the case may be, the name or title and address of
the potential buyer, as well as the term in which the latter undertakes to record the proposed
price.

(2) If until the deadline stipulated in para. (1)Balcon

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offered at the disposal of the bailiff, a term will be set for the sale at public auction, according to
art. 759.

Tentrom Paradise
Article 755 - Direct sale

(1) The bailiff can also proceed, with the consent of both parties, to the capitalization of the goods
pursued by direct sale to the buyer who offers at least the price established according to art. 758.

(2) The term for the direct sale will be established by the agreement of the parties. The debtor and
the creditor will be informed about the day, time and place of the sale, as well as about the price
offer submitted by the potential buyer.

(3) On the date of the sale, the executor will draw up the minutes provided for in art. 773, the
provisions of this article being applicable accordingly. If any of the parties is absent when the sale
is carried out, the executor will communicate a certified copy of the minutes regarding the sale.

Article 756 - Forced sale

In the absence of the agreement of the parties or if the direct or amicable sale is not carried out,
the bailiff will proceed with the sale by public auction of the seized assets.

Article 757 - Sale of securities and goods with a special circulation regime

(1) Credit securities and any other values or goods negotiable on stock exchanges, commodity
exchanges or other markets may be sold through the nearest stock exchange, respectively through
the alternative trading system, with the forms and conditions provided by law special.

(2) Objects made of precious metals and precious stones, foreign means of payment and other
securities than those shown in para. (1) will be capitalized, under the conditions of the law,
through authorized entities, as the case may be, and the art objects, valuable collections and
museum objects, through the bodies and under the conditions provided by the law. The amounts
obtained from the sale will be recorded at the entity indicated by the bailiff.

(3) The sale of shares in closed companies and of social parties is done amicably, according to art.
754, and in the absence, by the executor, by public auction, if the law does not provide for a
special system regarding their circulation.

(4) If the sale of goods provided for in para. (3) it is done by the executor or by a specialized
agent, he will draw up a specification which, in addition to other mentions provided by law, will
include, under penalty of nullity of the sale, the company's articles of incorporation, the number
and type of shares or the social shares subject to sale, the guarantees established on them, the
special clauses regarding their sale or assignment and the preferential rights granted to
associates, the annual financial situation for the last two financial years, as well as any documents
necessary to assess the consistency and value of the corporate rights related to the shares or
social shares put up for sale.

(5) The specification will be communicated to the debtor, the creditor, the issuing company and
the other associates, in order to formulate possible objections, within 5 days from the
communication, under penalty of forfeiture. The judicial executor will resolve the objections,
through an executive order, given with the summons of the parties. If no objections are
formulated or they are rejected, and the conclusion is not attacked by those interested, the
pursuit will continue, according to the law.

(6) The special rules regarding the sale of securities provided in this article remain applicable.

SUBSECTION 3 - A§3. Sale at public auction

Article 758 - Valuation of seized assets

(1) On the occasion of the application of the seizure, the bailiff is obliged to identify and evaluate
the seized assets, except in cases where this is not possible. The goods will be evaluated at their
circulation value, compared to the average market prices in the respective locality.

(2) Separately from the price of the goods, the value of the actual rights of use will also be
determined, according to the criteria shown in paragraph. (1) , and if this is not possible, an
expert will be consulted.

(3) At the request of the interested parties orBalcon

Copertine in case he&cannot
Terasă proceed with the evaluation
himself, the bailiff will appoint an expert to set the price for the sale of the seized goods.

(4) The executor will order the Tentrom

expert toParadise
set the price, through a written report, which will be
delivered at least 5 days before the day set for the sale.

(5) The request for expertise will be made by the parties, verbally, on the date of seizure of the
assets, being recorded in the seizure minutes, or in writing, within 5 days from the date of
communication of the seizure minutes, under the penalty of forfeiture.

(6) The executor will issue an urgent decision, without summoning the parties, on the request for
expertise, through an executory decision, which will include the determination of the provisional
fee due to the expert and the deadline in which the report must be submitted according to para.
(4) .

(7) The provisional fee shall be submitted by the interested party, under penalty of forfeiture,
within 5 days at most from the communication of the acceptance of the request for expertise.

(8) The expert will summon the parties. They can appoint expert advisers, the provisions of art.
330 applying accordingly.

(9) If the expert will not submit the report within the set deadline or if due to non-compliance
with the deadline he caused the postponement of the sale, at the request of the interested party,
the execution court can take against him the measures provided in art. 187 para. (1) point 2 letter
d) and in art. 189.

Article 759 - Fixing the auction term

(1) If the capitalization of the goods is to be done by sale at public auction, the bailiff, within no
more than one day from the expiration of the terms provided for in art. 753 para. (1) or to art.
754, and, in the case of goods provided for in art. 753 para. (2) , from the date of the seizure
report, will fix, by definitive conclusion, the day, time and place of the auction.

(2) The sale will not be possible in less than two weeks, nor in more than 4 weeks from the date of
expiry of the terms provided for in art. 753 para. (1) or art. 754, and, in the case of goods provided
for in art. 753 para. (2) , from the date of the seizure report.

(3) The term may be shortened or extended, if both the creditor and the debtor request it.

Article 760 - Place of the auction

(1) The auction sale will take place at the place where the seized goods are located or, if there are
valid reasons, at another place.

(2) If there are recognized official fairs in the locality and held normally at least once a week, the
sale of cattle will be mandatory in those fairs, on the days and hours of the fair, even if the fairs
fall on non-working days or of a legal holiday, without requiring the approval of the enforcement
court.

(3) Also, if there are commodity or grain exchanges in the locality, all commodities or grains that
are quoted on these exchanges will be sold, at the request of the creditor or the debtor, through
them.

Article 761 - Notification of the parties and other interested persons

(1) The bailiff will notify the creditor, the debtor, the third party holder of the seized goods, as
well as any person who has a right in relation to these goods, about the day, time and place of the
auction sale, according to the provisions regarding communication and delivery citations, at least
48 hours before the deadline set for the sale.

(2) If securities are sold that are not traded on the stock exchange or in an alternative trading
system, under the conditions of art. 757 para. (3) , the issuing company of the title or the third
party to whom they were entrusted for safekeeping or administration, as well as their other
associates or heirs, if they have preferential rights to the sale, will be notified.

Article 762 - Advertising of the sale

(1) The bailiff will draw up the sales announcements,

Copertine Balcon which
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will display at least 5 days before
the auction at the place of the auction, at the headquarters of the bailiff, of the town hall at the
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place of sale of the goods and ofCustomizabile: Culori,
the enforcement dimensiuni,
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as well as in otherde strângere.
public places,Alege Tentrom Paradise!
where
their managers have the obligation to create
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publications, without imposing taxes or compensation. Also, the bailiff will also draw up sales
publications that he will bring to the public's attention through one of the local newspapers or,
failing that, from among those of national circulation, through newspapers, magazines or other
existing publications that are intended for the sale of goods of the nature of those put up for sale,
as well as on internet pages opened for the same purpose.

(2) Publications and sales announcements will include:


b) number of the execution file;

c) the name of the bailiff;

d) the name, surname and domicile or, as the case may be, the name and headquarters of the
debtor and the creditor;

e) the day, time and place of the auction;

f) the indication and summary description of the goods that will be sold at the public auction,
showing for each the starting price of the auction, which is the price stipulated in the seizure
report or, as the case may be, the one established by the expertise; in the case of non-negotiable
securities, the place from where the specifications stipulated in art. 757 para. (4) ;

g) the mention, if it will be the case, that the goods are sold encumbered by real rights of use,
acquired after the registration of any mortgage and that, in the event that the claims of
subsequent creditors are not covered at the first auction, it will be done on the same day , at a
new auction for the sale of goods free of those rights. The price from which these auctions will
start will be the one stipulated in art. 769 para. (6) and (7);

h) the summons for all those who claim any right over the property to notify the executor before
the date set for the sale, within the terms and under the penalties provided by law;

i) the invitation to all those who want to buy the good to present themselves at the time of sale, at
the place fixed for this purpose and until that time to submit purchase offers;

j) place and date of display, in the case of sales announcements; k) signature and stamp of the
bailiff, in the case of sales announcements.

(3) The fulfillment of these formalities will be confirmed by minutes concluded by the bailiff.

(4) The display and publication expenses will be advanced by the follow-up creditor, who will
take them from the price of the followed goods.

(5) In case of non-compliance with the provisions of this article, at the request of the interested
party, the enforcement court may take against the bailiff the measures provided for in art. 187
para. (1) point 2 letter h) and in art. 189.

(6) The mentions from para. (2) lit. a) and c) -k) are provided under penalty of nullity.

(7) One copy of the sales publication will be communicated to the persons provided in art. 761
para. (1) .

(8) In case the movable property of a minor or a person placed under judicial interdiction is
followed, the provisions of art. 840 para. (2) are applicable.

Article 763 - Restriction of advertising formalities

(1) By way of exception to the provisions of art. 762, if the execution is based on an enforceable
title regarding a claim whose value does not exceed 5,000 lei or when the assets are subject to
destruction, degradation, alteration or depreciation, whatever the value of the enforceable title,
the bailiff will be able to restrict the advertising formalities only to the display and to shorten
both the notice period of the debtor and the third party holder, as well as the display period, to
the extent that this would be sufficient for notifying the interested parties.

(2) The creditor, the debtor andTentrom Paradise

the third party holder may be notified by telegram, fax or by
other means that ensure the transmission of the text of the document and confirmation of its
receipt.

Article 764 - Restoration of advertising formalities

(1) If for any reason the sale is postponed, the notification of the interested parties and the
advertising formalities will also be completed for the new term, which cannot be shorter than one
week or longer than two weeks.

(2) If the sale cannot be completed on the same day, it will continue the next day, and the bailiff
will verbally notify those present, unless both parties agree to postpone the auction. In the latter
case, the cost of the advertising formalities will be borne equally by both parties, the provisions of
art. 762 para. (4) being applicable accordingly.

Article 765 - Preparation of the auction

(1) On the day fixed for the sale, the bailiff will go to the place where the seized assets are located,
lift the seals or receive the assets from the person to whom they were entrusted, issuing the
receipt.

(2) The executor will check, after the report of seizure, the number and condition of the goods
and will note all this, as well as the deficiencies found, in the report of the auction.

(3) If the sale will be made in a place other than the one where the goods to be sold are found,
they will be taken to that place, at the expense of the creditor, under the conditions of art. 762
para. (4) .

Article 766 - Postponement of the auction

(1) At the request of the interested party made, under the penalty of forfeiture, before the start of
the auction, the bailiff will postpone the sale in case of non-compliance with the deadlines for
notifying the creditor, the debtor or the third party holder or, as the case may be, the deadlines
for displaying or publishing the sale. At this term, which cannot be longer than 20 days from the
date fixed for the first sale, the violated advertising formalities will be restored, in compliance
with the provisions of art. 762.

(2) The provisions of para. (1) are not applicable to the sale of goods subject to destruction,
degradation, alteration or depreciation, in which case the interested party will only be able to
request the taking of the measures provided by art. 763.

Article 767 - Participants in the auction

(1) Any person who has full exercise capacity, as well as the ability to acquire the goods put up for
auction, can participate in the auction.

(2) The pursued debtor will not be able to be adjudicator, neither personally nor through the
interposed person.

(3) Follow-up or intervening creditors cannot, either personally or through interposed persons,
award the goods offered for sale at a price lower than 75% of the price established according to
art. 758 para. (1) or (3) .

Article 768 - Participation guarantee

(1) The participants in the auction must deposit, at the latest before the start of the auction, at the
disposal of the bailiff, at least 10% of the starting price of the auction for the goods they intend to
buy.

(2) Follow-on or intervening creditors are not obliged, if they have a useful preference rank, to
submit the guarantee provided for in paragraph. (1) , except to cover, if necessary, the difference
between the value of the guarantee and the own claim.

(3) If in the locality where the auction takes place, none of the units provided by law to carry out
such operations operate or if the auction takes place in isolated places, the guarantee can also be
submitted to the bailiff, based on the receipt, mentioning this in the tender minutes.

Tentrom Paradise
Article 769 - Conducting the auction

(1) The auction sale will be done publicly by the bailiff, who will offer the goods for sale through 3
successive shouts.

(2) The price from which the auction starts is the one provided in publications or
announcements, according to art. 762 para. (2) .

(3) In relation to their nature or destination, the goods will be sold individually or several
together, taking into account in all cases that through the way of sale they do not depreciate.

(4) In the event that sums of money have been collected from the debtor, the sale of the other
assets will only be possible to the extent that those sums do not cover the follow-on creditor's
claim and its accessories, together with the execution expenses.

(5) The property is awarded to the one who, after 3 successive calls, made at time intervals that
allow options and overbids, offers the highest price, and when there is only one competitor, he
offered the starting price of the auction.

(6) If the asset is encumbered by any real right of use, acquired after the registration of a
mortgage, at the first sale term the calls will start from the highest price offered or, failing that,
from the one fixed in the publication, reduced by the value of these rights calculated according to
art. 758 para. (2) .

(7) If due to the existence of the rights shown in para. (6) it was not possible to obtain a sufficient
price to cover the previously registered mortgage claims, the bailiff will resume the auction on the
same day for the sale of the property free of those rights; in this case, the calls will start from the
price mentioned in the sales publication, without the reduction shown in paragraph. (6) .

(8) If the starting price of the auction is not obtained, at the same time the good will be put up for
sale again, in which case the auction will start from the price of 75% of that provided in the
publications or announcements, and the good will be sold to the one who will offer the highest
price.

(9) If the minimum price stipulated in paragraph is not offered either. (8), the auction will be
postponed to another term, for which the advertising formalities provided by art. 762.

At this term, which cannot be longer than 20 days from the date of the first auction, the auction
will start at 50% of the initial price provided in publications or announcements. If this price is not
obtained, the goods will be sold, at the same time, at the highest price offered, even when only
one bidder appeared at the auction.

(10) In all cases, at an equal price, preference will be given to the one who has a right of pre-
emption over the object in question.

(11) The provisions of para. (8) and (9) are not applicable to the sale of goods subject to
destruction, degradation, alteration or depreciation. In these cases, the sale will be made at any
price and whatever the number of competitors, even at the first term.

(12) The executor will keep a list of the goods sold and the price at which they were sold.

Article 770 - Extinction of the right of preemption

The holder of a right of pre-emption who did not participate in the auction will no longer be able
to exercise his right after the award of the asset.

Article 771 - Submission and recording of the price

(1) After the adjudication of the property, the adjudicator is obliged to immediately deposit the
entire price, in cash or with a payment order or any other legal payment instrument; at his
request, accepted by the creditor or his representative, the price may be submitted later, at most 5
days from the date of the auction.

(2) If the adjudicator is the follow-up creditor himself and no other creditors participate in the
follow-up or, even if they participate, they are in a lower priority rank than the adjudicator
creditor, he will be able to deposit his claim, in whole or in part, into the price account in part. If
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claim into the price account only if he deposits,
Tentrom Paradiseimmediately or within 5 days at most from the
auction date, the difference between the adjudication price and the amount of the claim.

(3) If the price or, as the case may be, the difference in price will not be submitted according to
paragraph (1) or (2), the auction will be resumed or, as the case may be, another way of valorizing
the asset, at the same term or at a different term, for which the publicity formalities stipulated by
art. 762, and the first adjudicator will be responsible both for the decrease in the price obtained at
the second sale, as well as for the expenses incurred for it; these amounts will be established by
the bailiff through minutes that constitute an enforceable title and will be withheld primarily
from the amount deposited according to art. 768.

(4) The bailiff will immediately record the sums of money collected, keeping the proof of the
recording. He will mention this in the auction report.

Article 772 - Closing the auction

(1) The auction will be closed as soon as the obtained amounts can cover all the receivables that
are being pursued, as well as all the execution expenses.

(2) The bailiff will declare the auction closed if any of the situations provided for in art. 703 or, as
the case may be, to art. 751.

Article 773 - The minutes of the auction

(1) After the closing of the auction, the bailiff will draw up a report on its progress and result. This
minutes will include, apart from the data and mentions provided for in art. 679, under penalty of
nullity:

a) showing the place, date and time when the auction started and ended;

b) indication of the seizure report and the findings provided for in art. 765 para. (2) ;

c) showing the goods sold, the price resulting from their sale, as well as the name or designation
of each adjudicator.

(2) The minutes will be signed by the executor, the debtor and the subsequent creditor, if they
were present, as well as by the adjudicator. If any of these persons cannot or refuses to sign, this
will be mentioned in the minutes.

(3) The list provided for in art. 769 para. (12) and the expert report, if applicable, is attached to
the minutes and kept together with the auction minutes in the execution file.

Article 774 - Release of the property title

(1) The bailiff will issue, under his signature, to each individual adjudicator a certificate of
adjudication, which will include the date and place of the auction, the name of the adjudicator,
the indication of the asset adjudicated and, as the case may be, the price paid or to be paid .

(2) The certificate issued to each adjudicator constitutes proof of the right of ownership over the
goods sold; in the case of registered securities, the adjudicator will be able to obtain their transfer
in his name, based on the adjudication certificate. If the issuer of the securities unjustifiably
refuses the transfer, the enforcement court, at the request of the adjudicator, will issue a decision
that will state the transfer that has taken place and which will serve the adjudicator when making
the registrations provided by law. At the same time, by the same decision, the court will order the
obligation of the issuer to pay a judicial fine from 1,000 lei to 7,000 lei, as well as its obligation, at
the request of the interested party, to pay compensation for the damage thus caused.

(3) In all cases, the delivery of the good will be made after full payment of the price; until
delivery, the debtor bears the risk of the destruction of the awarded property.

(4) After handing over, the executor will order, ex officio, if necessary, the deletion from the
publicity registers of the rights and charges extinguished by adjudication that previously
encumbered the adjudicated asset.

Article 775 - Effects of adjudication

Through adjudication, the buyer becomes, from the date of handover, the owner of the Mai multe
adjudicated good, free of any encumbrances, which devolve by right on the price paid, except in
the case that the adjudicator wouldTentrom Paradise
agree to be maintained or the sale was made under the
conditions of art. . 769 para. (6) .

Article 776 - Hidden vices

In the case of forced sale at public auction, there is no guarantee against hidden defects of the
sold good.

Article 777 - Inadmissibility of canceling the sale. Exceptions

(1) In the case of public auction sales made under the conditions of this section, no request to
cancel the sale is admissible against the third party adjudicator who paid the price, except in the
case of fraud on his part. Such a request can only be made by way of main action.

(2) When the adjudicator was the creditor, the sale may be canceled if there are grounds for
nullity, according to common law.

Article 778 - Maintenance or termination of contracts

(1) Leases and other legal documents regarding the awarded asset remain in existence or, as the
case may be, cease according to the law. In all cases, the adjudicator is not required to comply
with the lease or another legal document when the agreed price is one third lower than the
market price or lower than the one resulting from the previous leases or legal documents.

(2) Payments made before the due date by the lessee or other interested persons cannot be
opposed by the adjudicator unless they are entered in the Electronic Archive of Real Estate
Securities or in other public registers. The provisions of para. (1) remain applicable.

SUBSECTION 4 - A§4. Special provisions

Article 779 - Taking over the asset on account of the claim

(1) In the event that the seized property could not be sold under the conditions of this section, any
creditor who, according to the law, could demand forced execution on the debtor's movable
property, can take it over on account of his claim at the price established in the publications or
sales announcements for the last auction term. If this price is higher than the value of the claim,
the creditor can take over the asset only if he deposits, under the conditions of art. 771 para. (1),
the amount of money representing the difference between the price and the value of the claim.

(2) If several creditors want to take over the asset under the conditions of para. (1) , it will be
assigned according to the order of preference established in art. 865 and 867. In the case of
creditors of equal rank, they will take over the property in co-ownership in proportion to the
value of each claim.

Article 780 - Restitution or delivery of goods

(1) Seized assets that could not be capitalized under the conditions of this section remain
unavailable for a maximum of one year from the date of application of the seizure. During this
term, the bailiff can proceed again with the valorization of these goods; in this case, the starting
price of the auction will be fixed, by closing, by the bailiff and will be equal to the starting price
from the last auction organized for the respective movable asset. If, even after the expiration of
this term, the goods cannot be capitalized, and the creditor refuses to take them on account of the
claim, they are automatically returned to the debtor or his representative.

(2) In case the debtor to whom the goods would be returned according to para. (1) he is no longer
at his known domicile and could not be identified in another place, and the respective goods
would pass, according to the law, into the private property of the administrative-territorial unit
where the bailiff has his seat, he will hand over to the competent body.

(3) About the handing over of the goods provided for in para. (2) the bailiff will conclude a report,
which will be signed by him and by the body to which it was handed over.

SECTION 3 - Seizure

Article 781 - Object of seizure

(1) Amounts of money, securities or other traceable intangible movable assets owed to the debtor Mai multe
or held on his behalf by a third person or that the latter will owe him in the future, based on
certain reports, are subject to Tentrom Paradisethrough seizure existing legal. Also, under the
forced pursuit
conditions of art. 733 para. (1) , the debtor's tangible movable assets owned by a third party on
his behalf can also be seized.

(2) In the case of seizure of money from bank accounts, both the creditor balance of these
accounts, as well as future receipts, may be the object of forced follow-up by seizure, in
compliance with the limits provided for in art. 729, if applicable.

(3) The garnishment can also be established on the amounts or intangible movable assets that the
creditor owes the debtor, if both claims are certain and liquid.

(4) It will be possible to seize the debt with a term or under a condition. In this case, the
attachment will not be able to be executed until the deadline has been reached or from the date of
fulfillment of the condition.

(5) The following are not subject to forced execution by seizure:

a) the amounts that are intended for a special allocation provided by law and over which the
debtor is deprived of the right of disposition;

NOTE : In the interpretation of the provisions of art. 781 para. (5) lit. a) from the Civil Procedure
Code, art. 46-48 of Law no. 230/2007, art. 12 point B lit. c) from Government Decision no. 1.
588/2007, the amounts owed monthly by the seized third party, a member of the owners'
association, to the debtor's owners' association, as maintenance expenses, have the special effect
corresponding to the different components of these expenses, as determined by the relevant
legislation.

( From May 3, 2018, Art. 781, paragraph (5), letter A. of book V, title II, chapter I, section 3, see

b) amounts representing non-refundable credits or funding received from national and

international institutions or organizations for the development of programs or projects;

c) the amounts related to the payment of future salary rights, for a period of 3 months from the
date of establishment of the seizure. When several garnishments are established on the same
account, the 3-month period in which payments related to future salary rights can be made is
calculated only once from the moment of the first garnishment.

Article 782 - Seizure application. Competence

(1) The garnishment is established at the request of the creditor by a bailiff whose office is in the
jurisdiction of the court of appeal where the debtor has his domicile or headquarters.

(2) The provisions of art. 652 para. (5) are applicable.

( From 24-Mar-2017 Art. 782 of book V, title II, chapter I, section 3 amended by Art. 1, point 8.
of Law 17/2017 )

Article 783 - Establishing seizure

(1) The attachment is established without a summons, based on the conclusion of the approval of
the execution, through the address in which the enforceable title will be specified on the basis of
which the attachment was established, which will be communicated to the third person indicated
in art. 781 para. (1) , together with the conclusion of approval of the execution or a certificate
regarding the solution pronounced in the file. The debtor will also be informed about the measure
taken, who will be notified, in a copy, of the address of establishment of the attachment, to which
will be attached certified copies of the conclusion of approval of the execution or of the certificate
regarding the solution pronounced in the file, and the enforceable title, if the latter were not
previously communicated to him.

( From 04-Feb-2016 Art. 783, paragraph (1) of book V, title II, chapter I, section 3 amended by

(2) In the address establishing the seizure, the third person, who becomes, according to para. (1) ,
seized third party, the prohibition to pay the debtor the sums of money or the movable assets that
Copertine
he owes or will owe to him, declaring Balcon
them seized & Terasă
to the extent necessary to fulfill the obligation
that is enforced. Customizabile: Culori, dimensiuni, mecanism de strângere. Alege Tentrom Paradise! Mai multe

Tentrom Paradise
(3) The address for the establishment of the garnishment shall include the name and domicile of
the debtor, a natural person or, for legal entities, their name and headquarters, as well as the
personal numerical code or, as the case may be, the unique registration code or the fiscal
identification code, if known .

(4) In the event that the attachment is requested for all the accounts of a natural or legal person,
including the accounts of the latter's unincorporated subunits, the identification elements for
each individual account shall be indicated, if known, respectively for each subunit without legal
personality of the debtor, the legal person.

(5) In the event that the attachment establishment address is sent to an operational unit of a
credit institution, the attachment will be established only on the accounts that the pursued debtor
has open at that unit. If the debtor does not have an account opened at the unit of the notified
credit institution, it will inform the executor about the accounts opened by the debtor at other
operational units.

(6) The provisions of para. (2) are also applicable in cases where the seizure is based on securities
or other traceable intangible movable assets that are kept at specialized units.

(7) In the event that the seizure was established as an insurance measure and was not abolished
until the enforcement title was obtained, a certified copy of the enforcement title shall be
communicated to the seized third party in order to fulfill the obligations stipulated in art. 787.
The enforceable title will be accompanied by an address that will include the name and domicile
of the natural person debtor or, for legal entities, the name and headquarters, as well as the
personal numerical code or, as the case may be, the unique registration code or the fiscal
identification code, if are known, the number and date of the address on the basis of which the
insurance lien was established, the number of the enforcement file and the identification data of
the account in which the insurance lien was recorded.

(8) After the establishment of the attachment, any other creditor of the attached debtor will be
able to attach the same claim until the release or distribution of the amounts resulting from the
attachment, in compliance with the provisions of art. 787.

Article 784 - The effect of the establishment of seizure

(1) From the moment of communication of the address of establishment of seizure to the seized
third party, all sums and seized assets are unavailable. From the seizure and until the full
payment of the obligations stipulated in the enforcement title, including during the period of
suspension of the enforced pursuit through seizure, the seized third party will not make any other
payment or other operation that could reduce the seized assets, unless the law provides
otherwise.

( From May 21, 2018 Art. 784, paragraph (1) of book V, title II, chapter I, section 3 see appeal in

(2) When amounts with successive due dates are withheld, the non-disposal extends not only to
the amounts that have reached maturity, but also to those payable in the future.

(3) The dispossession also extends to the civil fruits of the attached claim, as well as to any other
accessories born even after the establishment of the attachment.

(4) Due to the effect of the unavailability, the payment or assignment of the attached claim will
not be objectionable to the attaching creditor. Also, disposition documents of any kind made after
the establishment of the seizure by the seized debtor on the seized goods cannot be opposed to
the seizing creditor.

(5) The seizure interrupts the prescription not only with regard to the seized claim, but also with
regard to the claim for which it was established.

(6) The unavailability of the sums of money or of the seized movable assets will not cease unless
the debtor records, with special effect, all the sums to cover which the seizure was established, at
the disposal of the bailiff, under the conditions stipulated in art. 721. The debtor will hand over
the recording receipt to the bailiff, who will immediately notify the seized third party.

(7) In the case of traceable amounts representing income and availability in foreign currency,
credit institutions are authorized to convert the amounts in foreign currency into lei, without the
consent of the account holder, Copertine
at the exchange Balcon & Terasăby the National Bank of
rate communicated
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Romania for the respective day, in Culori,them
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of art. Tentrom Paradise!
787. Mai multe

Tentrom Paradise
(8) If the enforcement title includes an obligation to pay in foreign currency, the credit
institutions are authorized to carry out the conversion into the currency indicated in the
enforcement title of the amounts existing in the debtor's accounts, either in lei or in another
currency than that in which the execution is done, without requiring the consent of the account
holder, at the exchange rate communicated by the National Bank of Romania for the respective
day.

Article 785 - Publicity of seizure

(1) In the event that the seized claim is guaranteed by a mortgage or other real guarantee, the
seizing creditor will be entitled to request, based on a copy certified by the bailiff at the address
where the seizure was established, that the seizure be entered in the book land or in other
advertising registers, as the case may be.

(2) If the mortgage guarantee is shown in the attachment request, the bailiff will ex officio request
the registration in the land register or other publicity registers, as the case may be.

(3) The cancellation of this registration can only be ordered with the summons of the creditor at
whose request it was made.

(4) In the case of seizure of securities or other intangible movable assets, the provisions of art.

Article 786 - Continuation of seizure

(1) The seizure remains in place even when the debtor changes his job or is retired. In these cases,
the seized third party will send the documents by which the seizure of the unit where the debtor's
new workplace is located or the competent social security body, which, from the date of receipt of
these documents, becomes the seized third party.

(2) If the debtor leaves the unit without it knowing the new job, it will inform the creditor about
this circumstance. After finding out the debtor's new place of work, the creditor will bring it to the
attention of the unit from which the debtor left, in order to proceed according to para. (1) .

Article 787 - Obligations of the seized third party

(1) Within 5 days from the communication of the attachment, and in the case of sums of money
due in the future, from their due date, the attached third party is obliged:

1. to record the amount of money, if the seized debt is payable, or, as the case may be, to make
available the seized intangible movable assets and to send the proof to the bailiff, in the case of
the seizure established for the realization of other claims than those shown in point 2;

2. to pay directly to the creditor the amount withheld and due to him, in the case of sums owed as
a maintenance obligation or allowance for children, as well as in the case of sums owed as
compensation for reparation of damages caused by death, injury to bodily integrity or health. At
the creditor's request, the amount will be sent to the indicated domicile or, if applicable, to the
indicated residence, the sending expenses being borne by the debtor.

(2) If several attachments are established, the attached third party will proceed according to para.
(1) , communicating, as the case may be, to the executor or the creditors indicated in points 1 and
2 of the same paragraph the name and address of the other creditors, as well as the amounts
owed by each of them.

(3) The third party in whose hands are the impounded intangible movable assets is subject to all
duties and sanctions provided by law for administrators-seizure of seized assets.

(4) In the event that the seizure was made on intangible movable assets and the term of
restitution is due, the third party may ask the executor to entrust them to an administrator-
seizure.

(5) The seized third party will not be able to appeal against the seizure. He will formulate his
defenses in the validation court.

Article 788 - Release and distribution of the recorded

Copertine Balcon amount
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Mai multe
(1) The bailiff will proceed to release or distribute the amount of money recorded, under the
Tentrom
conditions of the provisions of art. Paradise
787 para. (1) point 1 and of art. 864 and the following.

(2) In the case of creditors who do not live or do not have their headquarters in the locality where
the executor works, the amounts recorded by the seized third party will be sent to them at the
address indicated in the request for the establishment of the seizure or will be transferred to the
account indicated by them, at their expense the debtor.

Article 789 - The case of seizures that exceed the amount of the traceable amount

(1) In the event that several garnishments are established and the amounts for which the
garnishment was ordered exceed the traceable amount from the debtor's income, the third party
garnished, within the term stipulated in art. 787 para. (1) , will retain and record the traceable
amount, notifying the bailiffs who established the seizures, the provisions of art. 654 applying
accordingly.

(2) The distribution will be made by the competent bailiff, according to the provisions of art. 864
and the following.

Article 790 - Validation of seizure

(1) If the seized third party does not fulfill its obligations for the execution of the seizure,
including in the event that, instead of recording the traceable amount, it has released it to the
seized debtor, the traceable creditor, the debtor or the bailiff, within no more than one month
from the date when the seized third party had to record or pay the traceable amount, may notify
the enforcement court, in order to validate the seizure.

( From June 28, 2016, Art. 790, paragraph (1) of book V, title II, chapter I, section 3, see appeal

(2) In the event that there are several attachments on the same amount owed by the seized third
party, which have not been executed by him, their validation may be judged by a single decision.

(3) The court will summon the follow-up creditor and the interveners, if necessary, as well as the
debtor and the attached third party and, at the deadline set for judging the validation request, it
will be able to order the administration of any evidence necessary to resolve it, which is
admissible according to the rules of common law. In the validation court, the seized third party
can oppose to the subsequent creditor all the exceptions and means of defense that he could
oppose to the debtor, to the extent that they are based on a cause prior to the seizure.

(4) If it appears from the administered evidence that the seized third party owes the debtor sums
of money, the court will issue a judgment validating the seizure, by which it will oblige the seized
third party to pay the creditor, within the limit of the claim, the sum owed to the debtor, and ,
otherwise, will decide to abolish the attachment.

(5) The lien established on a claim with a term or under a condition may be validated, but the
decision may not be executed until the claim reaches the term or, as the case may be, on the date
of fulfillment of the condition.

(6) If the amounts are due periodically, the garnishment is validated both for the amounts that
have reached maturity and for those that will be due in the future, in the latter case the validation
producing its effects only on the date when the amounts become due. In the case of seizure of
money from bank accounts, for future amounts, the court will order the maintenance of the
seizure until the claim is fully realized.

(7) If the seizure was established on intangible movable assets that were, on the date of its
establishment, in the hands of the seized third party, the court will decide on their sale.

(8) If the garnishment was established on intangible movable assets owed to the debtor, but
which, on the date of validation, were no longer in the possession of the third party, he will be
obliged, by the validation decision, to pay the consideration of these assets, in which case will be
followed directly by the bailiff.

(9) The seized third party who, in bad faith, refused to fulfill his obligations regarding the
execution of the seizure may be fined, by the same validation decision, with an amount between
2,000 lei and 10,000 lei.

Article 791 - Appeals Copertine Balcon & Terasă

Mai multe
The decision given regarding the validation of the attachment is only subject to appeal, within 5
days from the communication. Tentrom Paradise

Article 792 - The effects of seizure validation

(1) The final validation decision has the effect of an assignment of debt and constitutes an
enforceable title against the seized third party, up to the concurrence of the amounts for which
the validation was made.

(2) After validating the attachment, the attached third party will proceed, as the case may be, to
the recording or payment provided for in art. 787, within the limit of the amount expressly
determined in the validation decision. In case of non-compliance with these obligations,
enforcement will be carried out against the seized third party, based on the validation decision,
within the limit of the amount that had to be recorded or paid.

(3) The seizing creditor, to the extent that his claim cannot be covered by the execution of the
validation decision, may return with other forced actions against the seizing debtor.

(4) If the claim of the seized debtor is secured by a mortgage, after the validation decision has
become final, the transfer of the mortgage right in favor of all the creditors who obtained the
validation will be recorded in the land register.

Article 793 - Sale of seized assets

If the seizure was established on some securities or other intangible movable assets, the executor
will proceed to their capitalization according to the provisions provided for the real estate
tracking, also taking into account the special regulations regarding these assets, as well as the
release or distribution the amounts obtained according to the provisions of art. 864 and the
following.

Article 794 - Abolition of seizure

(1) If, after the establishment of the attachment, the cause on the basis of which it was established
has ceased to exist, the bailiff, ex officio or at the request of the attached debtor, will order the
abolition of the attachment through an address to the attached third party. When the attachment
has been validated, its abolition will be done by the enforcement court through an executive
order, given with the summons of the parties.

(2) When the debt of the seized debtor is secured by a mortgage, he will be able to request, on the
basis of this address or, as the case may be, of the remaining final settlement, the deletion of the
notary of the seizure or the tabulation of the transfer of the mortgage right in the land register.

(3) The provisions of para. (2) shall be applied accordingly in the case of cancellation of the lien
on receivables or other intangible movable assets, registered in other public registers than the
land register.

SECTION 4 - Tracking the fruits and income of real estate

SUBSECTION 1 - A§1. Forced tracking of unpicked fruits and crops caught by the roots

Article 795 - The object of the pursuit

Unpicked fruits and crops caught by roots belonging to the debtor can only be traced on the basis
of enforceable titles; however, they can be seized, according to the provisions of art. 952 and the
following.

Article 796 - Starting and carrying out the pursuit

The tracking of unpicked fruits and crops caught by the roots will only be possible in the 6 weeks
before their ripening and will be preceded by a summons two days before the tracking. Seizure,
however, can be done at any time.

Article 797 - Establishment of seizure

(1) The pursuit of these fruits will be done through the mediation of a judicial executor, who will
proceed to seize them and to appoint an administrator-seizure, chosen according to the rules
applicable to the pursuit of real estate.

(2) On this occasion, the executorTentrom Paradisea report signed by him and by the persons who,
will conclude
according to the law, assisted in the application of the seizure. One copy of the minutes will each
be given to the creditor, the debtor and the seizure administrator, and one will be left at the town
hall within whose radius the seized goods are located.

(3) Also, the executor will immediately, ex officio, send a copy of the seizure report, in order to
note the follow-up in the land register. Through the effect of this notary, the pursuit will be
opposable to all those who acquire any right over the property or over the seized fruits or
harvests.

(4) The provisions of art. 744-746 apply accordingly.

Article 798 - Obligations of the seizure administrator

(1) The seizing administrator will have the duty to keep, collect and store the fruits or harvests,
the necessary expenses being advanced by the subsequent creditor, according to art. 762 para. (4)
.

(2) The provisions of art. 748 and 749 will apply, by analogy, to this administrator-seizure.

Article 799 - Sale of fruits and crops

(1) The bailiff will decide, as the case may be, the sale of fruits or crops as they are caught by the
roots or after they are harvested.

(2) The sale will be announced, at least 5 days before the deadline, at the town hall of the
respective commune, at the debtor's residence and the place where the sale is made, as well as in
other public places.

(3) It will be done on the days, at the times and in the place decided by the executor, with
preference on non-working days and on fair or fair days, either on the spot or in the fair or fair.

(4) The sale will be made by public auction and, preferably, for ready money, in the presence of a
police officer or a representative of the gendarmerie or, in their absence, of the mayor or a
delegate of the mayor's office and the debtor or even in its absence, if it was legally summoned. In
the case of fruits or crops caught by the roots, the price may be submitted, with the consent of the
creditor or his representative, and subsequently, no later than 5 days from the date of the auction.
In all cases, the possession of the awarded goods will be made only after full payment of the price.

(5) The bailiff will be able to approve the sale to be made by the sequestration administrator, even
by consent, at the current price, without it being held for storage, in the cases when:

1. the fruits or harvest are subject to destruction, deterioration, alteration or depreciation and the
sale must be made urgently;

2. storage is not possible or gives rise to disproportionate expenses in relation to the value of the
fruits or harvests.

(6) In the cases provided for in para. (5), the sale will be made with the creditor's and the debtor's
knowledge.

(7) The sums resulting from the sale made by the seizure administrator will be recorded by him at
the specialized entity provided by law, within 24 hours of collection, and the recording receipt
will be immediately submitted to the executor, together with a list that will be signed by the
administrator-seizure and by the buyers and in which the fruits or harvest sold and the sale price
will be shown.

(8) The provisions of art. 753-780, as well as those of art. 864-887 are applied accordingly.

SUBSECTION 2 - A§2. Tracking the general income of real estate


(1) All present and future income of the immovables that are the property of the debtor or over
which he has a right of usufruct can be traced.

(2) Also, the income of the lessee or lessee from the exploitation of leased or rented buildings can
also be traced. Tentrom Paradise

(3) Tracking the income of a building cannot be carried out if there is a real estate tracking on the
same building.

Article 801 - Follow-up request

(1) The request for follow-up, accompanied by the writ of execution and proof of payment of
stamp duties, will be directed to the judicial executor from the district of the court of appeal in
whose territorial radius is located the building whose income is being followed.

(2) The follow-up request will include the mentions provided for in art. 664 and the indication of
the property whose income is being tracked.

Article 802 - The seizure administrator

(1) After approving the forced pursuit, at the request of the creditor or, failing that, when he
deems it necessary, the bailiff will appoint, by closing, with the short-term summons of the
parties, an administrator-seizure, for the administration of the income of the building.

(2) The creditor, the debtor or another natural or legal person can be appointed administrator-
seizure.

(3) When a person other than the debtor is appointed administrator-seizure, the executor will fix
an amount as remuneration, taking into account the submitted activity, also establishing the
method of payment.

(4) The seizing administrator acts as an administrator charged with the simple administration of
another's assets, the provisions of the Civil Code regarding the administration of another's assets
being applied accordingly.

(5) In case of non-fulfillment of the obligations established in his charge, the seizure
administrator, at the request of any interested person, may be revoked by the bailiff and replaced
by another person.

(6) Also, at the request of any interested person, the confiscation administrator may be obliged to
pay compensation by the enforcement court.

Article 803 - The rights and obligations of the seizure administrator

(1) The seizing administrator is obliged to take measures to preserve and maintain the building in
good condition, to plant fruit trees or vineyards and to collect the rents and leases or other
income of the building, to pay local taxes and fees, interest mortgage claims, insurance premiums
and, in general, any other benefits with successive due dates in connection with that property.

(2) He is authorized to retain, for administration expenses, no more than 10% of the collected
sums, being obliged to record the rest, within 24 hours of collection, to the entity indicated by the
executor and to immediately remit the receipts to the judicial executor.

(3) The seizing administrator has the right to terminate the existing rental contracts, according to
the contractual clauses, to demand the eviction of the tenants, with the approval of the
enforcement court, and to seize, on behalf of the owner, their movable assets located in the
building.

(4) In case of danger of delay, he will be able to take the conservation or insurance measures
required by good administration.

(5) The seizing administrator will not be able to conclude rental or leasing contracts for a
maximum of 2 years and only with the approval of the enforcement court, by final conclusion,
given in the council chamber, with the summoning of the parties.

(6) Apart from the case of evacuation provided for in para. (3), the approval of the enforcement
court is also necessary for the filing of actions.

Article 804 - The pursuit competition


Mai multe
In the event that on the same building, general income monitoring has been approved at the
Tentrom
request of several creditors, they Paradise
will be connected, according to the provisions of art. 654,
appointing at the same time a single receiver-sequestration administrator in the person of the
first named or of the one who would present more guarantees.

Article 805 - Publicity of the pursuit

(1) The bailiff will immediately post certified copies of the conclusion of the approval of the
pursuit at the headquarters of the enforcement body, at the enforcement court and at the
headquarters of the municipality within whose radius the building is located. Also, the conclusion
will be published in a local newspaper, if there is one.

(2) A copy of the conclusion, in certified copy by the executor, will be sent ex officio, in order to
record the tracking in the land register.

Article 806 - Surrender of the property

(1) After approving the pursuit, the bailiff will go to the spot, accompanied by the seizure
administrator, to whom he will hand over, based on the inventory, the assets whose income is
being pursued. If the debtor refuses to allow access to the building, is missing or refuses to hand
over the assets whose income is being tracked, the bailiff will resort to the competition of the
public force, the provisions of art. 734 and the following applying accordingly.

(2) At the same time, the executor will notify, through a written notice, the tenants, lessees or
those who have other contracts for the exploitation of the building that all its incomes are seized
and that they are obliged to pay the rents, the leases in the future or other incomes resulting from
the property exploitation contracts directly to the seizure administrator or to record them at the
unit provided by law, submitting the receipts to the seizure administrator.

(3) The executor will draw up a report confirming the fulfillment of the above and which will be
signed by him and the confiscation administrator.

(4) The minutes will be concluded in 3 copies, one of which will be handed over to the seizure
administrator, another will be communicated to the debtor, together with the conclusion of the
approval of the pursuit, under the conditions of art. 667 and the following, and the third will be
attached to the execution file, together with the evidence of communication of the notices given to
tenants and lessees.

(5) The executor will be able to seize the income, under the conditions of para. (1)-(4) , even in
the absence of the seizing administrator, with the result that the assets will be handed over to him
later.

(6) The seizing administrator who did not request the delivery of the assets within 10 days from
the notification of the appointment will be considered as not accepting this assignment. He and
the one who expressly refuses the assignment will be immediately replaced by another person by
a decision issued by the bailiff, without summoning the parties. The provisions of this paragraph
do not apply in the situation in which the receiver-seizure administrator has been appointed the
debtor or, as the case may be, the third party acquirer.

Article 807 - The effects of the pursuit

(1) From the date of notarization of the tracking in the land register, it will be opposable to all
acquirers of rights over the property.

(2) From the same date, the assignments of income, the rental, leasing or exploitation contracts
of the building, including the assignments of rights resulting from these contracts, will not be
opposable to the subsequent creditor.

(3) From the date of notification of the seizure of the persons indicated in art. 806 para. (2) , the
payment of rents, leases or other income of the building made to the debtor will also be
irrevocable to the subsequent creditor.

(4) Payment of the amounts provided for in para. (3) , made to the debtor before the date of the
notification and the term fixed in the respective contract, will be opposable to the subsequent
creditor only if it is ascertained by a written document with a certain date.

Article 808 - Evacuation of theCopertine

debtor Balcon & Terasă

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In the event that the debtor himself occupies the property whose income is being tracked, at the
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request of the creditor, the enforcement court may, depending on the circumstances, order the
eviction, in whole or in part, of the property either immediately or within a certain period , in
order to ensure a better exploitation of it.

Article 809 - Amounts necessary for the maintenance of the debtor

If the debtor has no other means of subsistence, at his request, the bailiff will order that part of
the income be used for the reasonable maintenance of him and his family, throughout the
duration of the investigation, the provisions of art. 833 applying accordingly.

Article 810 - Discharge of the seizure administrator

(1) At the end of each 6-month period, counted from the date of handover of the building or from
the date set by the executor, as well as at the end of the management, the seizing administrator is
obliged to present an account to the executor and the interested parties , regarding the revenues
received and the expenses incurred, based on supporting documents.

(2) The executor will check the accounts and, if they are regularly drawn up and correspond to
reality, will give discharge to the administrator-seizure, by closing, given without summoning the
parties. Otherwise, at the request of the interested party or ex officio, the executor will order,
through the conclusion, the revocation of the administrator-seizure and the appointment of
another person.

(3) The remuneration of the seizure administrator will be paid only if the accounts have been
given and approved, receiving discharge from the executor. The amount of the remuneration is
imputed on the income obtained from the management of the building.

Article 811 - Release and distribution of income

(1) After each submission of accounts, the sums resulting from the follow-up will be released or,
as the case may be, distributed among creditors, according to the provisions of art. 864 and the
following.

(2) In the event of competition between the general income tracking and a real estate tracking,
subsequently established by a priority mortgage creditor, the latter will have the right of
preference over the undistributed income.

Article 812 - Termination of prosecution

Income tracking stops:

1. by giving up the pursuit, made by all pursuing and intervening creditors;

2. by paying their claims, including interest and court and execution costs;

3. by submitting, with special effect, the amounts for which the tracking was done, under the
conditions of art. 721;

4. by compulsory adjudication of the building;

5. by the passing of a period of 5 years from its establishment, even if the subsequent creditor has
not been satisfied. An exception is made when the income of a usufruct on a building is pursued.

CHAPTER II: Real estate tracking

SECTION 1 - Real estate that can be traced


(1) Immovable property is subject to real estate enforcement.

(2) The usufruct right over a building, as well as the surface right, can form the object of real
estate foreclosure.

(3) The servitude right can be forcibly pursued only together with the dominant fund to which it
benefits. Tentrom Paradise

(4) Immovables declared untraceable are not subject to compulsory pursuit in the cases and
under the conditions provided by law.

(5) In the case of enforceable titles regarding claims whose value does not exceed 10,000 lei, the
sale of the immovable assets of the debtor can only be made if he has no other traceable assets or
if he has traceable assets, but they cannot be capitalized. The unjustified refusal of the debtor to
provide the bailiff with the necessary information, clarifications and evidence, as well as the
provision in bad faith of incomplete information regarding the existence and value of movable
property or income to be capitalized in order to fully cover the claim allow the initiation of real
estate foreclosure even if the amount of the claim does not exceed 10,000 lei.

Article 814 - Tracking of buildings registered in the land register

(1) The tracking of buildings registered in the land register is done on the buildings in their
entirety.

(2) The constructions that form a distinct property of land, the rights regarding the property on
sections, on floors or apartments, as well as any other rights regarding goods that the law declares
to be immovable, can be tracked separately.

(3) They are subject to compulsory pursuit, together with the building registered in the land
register, and any other autonomous or added works, according to the Civil Code, even if the latter
are not registered in the land register at the date of the beginning of the pursuit.

Article 815 - Extent of the pursuit

(1) Real estate foreclosure applies by right also to the accessory goods of the building, provided by
the Civil Code, as well as to its fruits and revenues.

(2) Accessory goods can only be tracked together with the real estate.

Article 816 - Immovable property of minors and prohibited persons

(1) The property of a minor or a person placed under judicial interdiction cannot be pursued
forcibly before the pursuit of his furniture.

(2) The provisions of para. (1) does not prevent the forced pursuit of an immovable in the joint
ownership of the minor or the person placed under a judicial interdict and a person with full legal
capacity, if the obligation provided for in the enforceable title is joint.

Article 817 - Tracking of mortgaged real estate

(1) Creditors who have a registered mortgage on a property can follow it in whatever hands it
passes and can ask for its sale in order to be satisfied with the resulting price.

(2) However, in the case of a mortgaged property that was later alienated, the acquirer, who is not
personally liable for the mortgage claim, may oppose the sale of the mortgaged property, if there
are other mortgaged properties in the debtor's possession principal, and to ask the enforcement
court for the prior follow-up of the latter, according to the rules provided by the Civil Code in
matters of fiduciary. During the tracking of these assets, the tracking of the building belonging to
the third party acquirer is suspended.

(3) The appeal by which the third party acquirer opposes the putting up for sale may be made,
under the penalty of forfeiture, within 10 days from the communication of the conclusion by
which the notation in the land register of the start of the forced pursuit was ordered.

(4) The mortgagor cannot ask for the forced sale of the debtor's non-mortgaged assets or only in
the event that the forced pursuit of the mortgaged immovable assets did not lead to the
satisfaction of the mortgagor within the limit of the total amounts owed.

Article 818 - Tracking of jointly owned buildings

(1) The personal creditors of a co-owner or codevalmas

Copertine Balcon debtor will not be able to pursue his share
& Terasă
of the buildings in joint ownership, but will have to first ask for their division. At the creditor's
request, the share action can be noted in the land register.

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(2) Until the division is resolved, by a final decision, the pursuit of the building is legally
suspended. If only a request for sharing was made, until it is resolved, by a final decision, the
prescription of the right to action against the co-owner or debtor debtor is suspended.

(3) Personal creditors can, however, pursue their debtor's determined share of the property right,
without having to ask for the division, if it is unequivocally established and clarified and is
entered, by showing a fraction, in the land register . In this case, the co-owners will be able to
request the sale of the entire co-owned property under the conditions provided for in art. 823.

SECTION 2 - Approval of real estate pursuit

Article 819 - Competence

(1) Real estate enforcement is the competence of the judicial executor in the jurisdiction of the
court of appeal where the property belonging to the debtor or a third person is located, if a
mortgaged property that has come into their hands is being pursued.

(2) If several real estates located in the jurisdiction of the same court of appeal are pursued, the
competence belongs to any of the bailiffs operating in this jurisdiction, at the choice of the
creditor.

Article 820 - Notification of the debtor and the third party acquirer

The bailiff will communicate a copy of the conclusion of approval of the enforced execution
provided by art. 666 to both the debtor and the third party acquirer, accompanied, in both cases,
by the enforceable title in a copy certified by the executor for compliance with the original and the
summons, reminding them to pay within 15 days of receiving it the entire debt, including interest
and execution costs.

( From 04-Feb-2016 Art. 820 of book V, title II, chapter II, section 2 amended by Art. I, point 16.
of Emergency Ordinance 1/2016 )

Article 821 - Notifying other persons

If only the share belonging to the debtor of the building in shared ownership is pursued, copies of
the execution agreement will be communicated to the co-owners, with the invitation to exercise
their right recognized according to art. 823.

Article 822 - Publicity of the pursuit

(1) With the communication of the approval, the executor will request the territorial office of
cadastre and real estate advertising to order, based on it, the recording of the tracking of the
building in the land register, showing the tracking creditor and the amount for which the tracking
is done.

(2) When several real estates are pursued, registered at the same office or at different territorial
offices of cadastre and real estate advertising, for a claim secured by a collective mortgage, the
application for noting the pursuit will be forwarded to the territorial office where the main
mortgage is registered, who, after completing the notaries provided by law, will ex officio send a
copy of his closings to the cadastre and real estate advertising office where the secondary
mortgage is registered.

(3) When the property right is registered only provisionally in favor of the debtor, the notation
will be made under the condition of justifying the provisional registration. In this case, the
subsequent creditor will be entitled to exercise, on behalf of the debtor, the action to justify the
ownership right.

(4) When the request for notation cannot be admitted due to a land registry impediment,
according to the law, its rejection will be noted.

(5) The conclusion of admission or rejection of the notary issued by the land register will be
communicated, apart from the subsequent creditor, to the bailiff, as well as to the persons who,
according to the mentions in the land register, are interested.

(6) If the application for forced execution and

Copertine the documents
Balcon & Terasă attached to it do not include
mentions regarding the pursued real estate, the bailiff will request the performance of the
publicity formalities provided for in this articleCulori,
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as the real de strângere.
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be identified Tentrom Paradise!
with
the data necessary to fulfill the publicity
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Paradise

Article 823 - The entire sale of the co-owned property

(1) The co-owners of the property pursued for an undivided part will be able to exercise the right
to request the sale of the entire property in undivided, within 5 days from the communication of
the conclusion of the approval of the pursuit or, failing that, from the date of the communication
of the conclusion noting it in the land register.

(2) The request will only be accepted if it will be signed by all the co-owners and if it will be
submitted personally or, failing that, through a representative with a special power of attorney. If
their request has been legalized by the public notary or certified by a lawyer, it can be submitted
by any of the co-owners, personally or through a representative, or it can also be sent by post, as
the case may be.

(3) The executor, upon receiving the request, will order the sale of the entire building, by closing,
given without summoning the parties, which will be communicated to the subsequent creditor.

Article 824 - Suspension of prosecution at the request of the debtor

(1) After receiving the conclusion of the approval of the pursuit, the debtor can ask the
enforcement court, within 10 days from the communication, to approve that the full payment of
the debt, including interest and enforcement expenses, be made from the net income of his real
estate, even unaccounted for, or from his other income, for a period of 6 months.

(2) The court notified according to para. (1) will cite the parties in the council chamber and will
immediately issue a final decision. In case of acceptance of the debtor's request, the court will
order the suspension of the real estate foreclosure, the termination being also communicated to
the executor.

(3) The suspension of the pursuit will be communicated, through the care of the executor, to the
tenants and lessees or other debtors who, from the date of communication, will record all the
amounts due in the future to the unit provided by law and will submit the recording receipt to the
judicial executor.

(4) The affected income will serve exclusively to cover the claim of the subsequent creditor.

(5) For valid reasons, the creditor may request the court to resume the investigation before the
expiration of the 6-month period, the provisions of para. (2) being applicable accordingly.

Article 825 - Competition for real estate pursuits

In the event that several creditors have started proceedings on the same building, they will be
connected by the court, at the request of any of them or of any of the bailiffs, under the conditions
stipulated in art. 654.

Article 826 - Methods of capitalization

Real estate subject to foreclosure is capitalized through the sale methods provided for in art. 754-
756, which apply accordingly.

SECTION 3 - Effects of tracking

Article 827 - Unenforceability of certain rights

The real rights, as well as any other rights registered after noting the tracking of the property in
the land register, will not be able to be opposed by the tracking creditor and the adjudicator,
except in the cases expressly provided by law or in the case where the creditor or the adjudicator
has declared his agreement with that right or the debtor or the third party acquirer has recorded
the amounts necessary to cover the receivables that are being pursued, including interest and
execution expenses.

Article 828 - Rental and assignment of income

(1) Rents or leases, as well as transfers of income

Copertine made by&
Balcon theTerasă
debtor or the third party acquirer
after the notary date of the pursuit will not be objectionable to the pursuing creditor and the
adjudicator.

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(2) Leases or leases prior to the notary are enforceable, under the terms of the law, both to
subsequent creditors and to the adjudicator. However, the adjudicator is not required to respect
the location when the agreed price is one third lower than the market price or lower than the one
resulting from the previous locations.

(3) Rent or lease payments made to the pursued debtor before the due date cannot, however, be
opposed to the pursuing creditors and the adjudicator unless they are noted in the land register.
The provisions of para. (2) the second sentence remains applicable.

SECTION 4 - Sale at public auction

SUBSECTION 1 - A§1. The formalities preceding the sale

Article 829 - Minutes of the situation

(1) After the notification of the conclusion of the approval of the execution and the notation in the
land register of the enforced pursuit, the bailiff, in order to identify the pursued property and its
valuation, will conclude a situation report, which will include, in addition to the mentions
provided for in Art. 839 para. (1) lit. a) -c), e) and m), elements regarding the description of the
property pursued, as well as, if applicable, the fiscal obligations regarding the property and the
amounts owed as a contribution to the expenses of the owners' association. If the debtor does not
provide these elements under the conditions of art. 627, the bailiff will take the steps provided for
in art. 660 in order to obtain the documents and relationships that make possible the
identification of the tracked property and its evaluation. In the invitation communicated to the
debtor according to art. 627, the judicial executor, under penalty of nullity of execution, will
indicate to the debtor that, in the absence of some reports, accompanied by supporting
documents, regarding the description of the building in order to make the evaluation possible,
recourse will be had to the measures provided for in art. 660. In all cases, in order to identify the
building, the bailiff has the right to go to the location of the building.

(2) In the event that the property under investigation is not registered in the land register, the
bailiff will request the cadastre and real estate advertising office, on behalf of the debtor, to open
the land register, based on a cadastral documentation drawn up by an authorized person and the
title deeds property obtained, when applicable, under the conditions of art. 660. The necessary
expenses will be advanced by the creditor and will be imputed to the debtor as enforcement
expenses, under the conditions of art. 670.

Article 830 - Evacuation of the debtor

In the event that the debtor or the third party acquirer occupies the pursued building himself, at
the request of the creditor or the executor, the execution court may, depending on the
circumstances, order his eviction from the building, in whole or in part, either immediately or in
a certain term.

Article 831 - Administration of the pursued property

(1) On the date of the notification of the conclusion of the approval of the execution, the debtor
or, as the case may be, the third party acquirer is deprived of the right to perform administrative
acts on the pursued real estate.

(2) The bailiff, when he deems it necessary, will appoint, by closing, an administrator-seizure to
ensure the administration of the property, the collection of the income, the making of the
necessary expenses and the defense in the disputes regarding this property.

(3) When the debtor himself or the third party acquirer is the administrator-seizure of the
pursued real estate, the bailiff will hand over the real estate to him under this title. In case of
refusal, the minutes drawn up by the bailiff will take the place of delivery-reception and will be
communicated according to the provisions regarding the procedure for communication of
subpoenas and other procedural documents.

Article 832 - The rights and obligations of the seizure administrator

(1) The seizure administrator is obliged to:

a) to keep and maintain the pursued building, with all its accessories;

b) to collect rents, leases and other incomes; Mai multe

Tentrom Paradise
c) to pay insurance premiums, taxes and local fees;

d) to denounce the existing rental contracts, in compliance with the contractual clauses, and to
demand the eviction of the tenants;

e) to conclude, with the approval of the court of execution, given by conclusion, with the
summons of the parties, lease contracts for a term of no more than 2 years;

f) to pick the fruits and crops and sell them, under the conditions stipulated in art. 799.

(2) The provisions of art. 802 and the following shall also apply accordingly to the sequestration
administrator appointed in this procedure.

Article 833 - Amounts necessary for the maintenance of the debtor

(1) If the debtor or the third-party acquirer has no other means of subsistence than the income of
the pursued real estate, at his request, the bailiff will fix a quota of no more than 20% of these
incomes for the reasonable maintenance of him and his family , throughout the follow-up.

(2) Against the measure taken by the bailiff, the interested parties can address the enforcement
court. The court will summon the parties shortly, in the council room, and will decide by
definitive conclusion.

Article 834 - Distribution of property income

The amounts collected by the seizure administrator will be distributed to creditors, in compliance
with the provisions of art. 864-887, right before the distribution of the price resulting from the
sale of the property in question.

SUBSECTION 2 - A§2. Putting the property up for sale

Article 835 - Initiation of the sale procedure

(1) If the debtor does not pay the debt within 15 days from the notification of the conclusion of the
execution approval, the bailiff will start the sale procedure.

(2) In the event that the object of forced execution consists of several distinct immovable assets of
the debtor, the sale procedure by public auction will be carried out for each individual asset.

Article 836 - Appraisal of the pursued property

(1) The bailiff will immediately establish, by closing, the circulation value of the building, related
to the average market price in the respective locality, and will communicate it to the parties.

(2) At the same time, the executor will ask the cadastre and real estate advertising office to notify
him of the real rights and other encumbrances encumbering the pursued real estate, as well as
any preferential rights registered for the benefit of other persons. The holders of these rights will
be notified about the execution and will be summoned to the deadlines set for the sale of the
property.

(3) At the request of the interested parties or in case he cannot proceed with the evaluation
himself, the bailiff will appoint an expert to determine the market value of the building.

(4) The request for expertise will be made by the parties, within 15 days from the communication
of the conclusion provided for in paragraph. (1) , under penalty of forfeiture. The expertise can
also be requested by the third party acquirer, by co-owners in the case provided for in art. 823, as
well as by intervening creditors, in the same term.

(5) All the documents that can be used for the evaluation of the property will be attached to the
request.

(6) The expert will be appointed by the executor through an executive order, which will also show
the deadline for submitting the expert report, the provisions of art. 758 para. (6) -(9) applying
Copertine Balcon
accordingly. The conclusion is communicated & Terasă
to the parties and the expert. The creditor can
submit entries to the file in orderCustomizabile:
to evaluate theCulori, dimensiuni,
property, mecanism de strângere. Alege Tentrom Paradise!
if necessary. Mai multe

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(7) Another expertise is not admissible, but the parties can agree on another value.

(8) The debtor's refusal to allow access to the real estate expert for the purpose of evaluation does
not prevent the evaluation, taking into account the documents submitted to the execution file, as
well as any other available data or information, including those obtained by the executor based on
the steps taken under the conditions of art. 660.

Article 837 - Establishing the price of the building and the value of other rights

(1) The executor will fix the price of the building, which will be the starting price of the auction, at
the value established according to art. 836, by definitive conclusion, given without summoning
the parties.

(2) Separately from the price of the property, the value of the usufruct, use, habitation or
servitude rights will also be determined, if these rights were established after the registration of
any mortgage; in the case of real estate registered in the land register, the value of these rights
mentioned in the land register will be taken into account, and if it is not registered, it will be
established, when necessary, by expertise, under the conditions shown in art. 836.

Article 838 - Putting it up for sale

(1) Within 5 days from the establishment of the price of the building, the executor will set, by
definitive conclusion, the term for the sale of the building, which will be brought to public
knowledge through sale publications.

(2) The term established for the sale will not be shorter than 20 days nor longer than 40 days
from the display of the sale publication at the place where the auction will take place.

Article 839 - Advertising of the sale

(1) The sales publications will include the following mentions:


b) number of the execution file;

c) the name of the bailiff;

d) the name and domicile or, as the case may be, the name and headquarters of the debtor, of the
third party acquirer, if applicable, and of the creditor;

e) the enforceable title on the basis of which the real estate is pursued;

f) identification of the building showing the cadastral or topographical number and the land book
number, as well as its brief description;

g) the price at which the property was assessed;

h) the mention, if it will be the case, that the property is sold encumbered by the rights of
usufruct, use, habitation or servitude, established after the registration of any mortgage, and that,
in the event that the claims of subsequent creditors are not covered at the first auction, will
proceed on the same day to a new auction for the sale of the property free of those rights. The
price from which these auctions will start will be the one stipulated in art. 846 para. (6) and (7);

i) the day, time and place of the auction sale;

j) the summons for all those who claim any right over the building to notify the executor before
the date set for the sale, within the terms and under the sanctions provided by law;

k) the invitation to all those who want to buy the building to present themselves at the sale
deadline, at the place fixed for this purpose and until that deadline to present purchase offers;

l) the mention that the bidders are obliged to

Copertine submit, &
Balcon until the sale deadline, a guarantee
Terasă
representing 10% of the starting price of the auction;

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m) signature and stamp of the bailiff.

(2) The mentions shown in para. (1) lit. a) and c) -m) are provided under penalty of nullity.

(3) The sale publication will be displayed at the headquarters of the enforcement body and the
enforcement court, at the place where the pursued real estate is located, at the headquarters of
the municipality in whose territorial radius the real estate is located, as well as at the place where
the auction is held, if this is different from the place where the building is located.

(4) Publications in extract, including the mentions provided for in para. (1) lit. a) , c) and f) -m),
will be made, under penalty of nullity, in a newspaper of national circulation, if the value of the
property exceeds the amount of 250,000 lei, or in a local newspaper, if it does not exceed this
amount. The publication, in extract or in its entirety, will be published, under the penalty of
nullity, in the electronic Register of advertising of the sale of goods subject to forced execution
and also may be published in newspapers, magazines and other existing publications that are
intended the sale of real estate of the nature of the one put up for auction, including on other
internet pages opened for the same purpose.

(5) The display and publication expenses will be advanced by the follow-up creditor and will be
taken from the price of the tracked goods.

(6) The fulfillment of the formalities regarding the display of the publication at the headquarters
of the bailiff, at the place where the pursued real estate is located, as well as at the place where the
auction takes place, if this is other than the place where the real estate is located, will be
ascertained by minutes concluded by bailiff. The display at the place of the building can also be
done by the procedural agent of the judicial executor. In the case of posting at the court and at the
town hall, the minutes are drawn up by the official of the institution charged with such
attributions, the enforcement file must contain, on the date of the auction, proof that the bailiff
has requested the respective institutions to post the publication.

Article 840 - Communication of sales publications

(1) Each copy of the sales publication will be communicated, according to the provisions for
communication and delivery of summonses:

a) the subsequent creditor and the debtor, as well as, as the case may be, the third party acquirer,
co-owners or other persons who have a registered right in relation to the immovable property put
up for sale;

b) mortgage lenders registered in the land register, as well as those who have provisional
registrations or notaries in connection with any real right, if the registrations or notaries are prior
to the notary's pursuit. The communication will be made, for mortgage lenders, at the domicile
chosen in the deed by which the mortgage right was established, and in its absence, at the
domicile or real headquarters;

c) local fiscal bodies.

(2) In the event that the real estate of a minor or a person placed under judicial interdiction is
pursued, a copy of the publication for the sale of the real estate is also communicated to the
prosecutor's office next to the enforcement court.

Article 841 - The situation of the seller of the pursued property

(1) The seller of the pursued property, who has, under the terms of the law, a legal mortgage, as
well as the right to request or declare the resolution for non-payment of the price, will be
summoned by publication to opt, in writing, within 5 days from communication of the
publication, for the valorization of one of these rights.

(2) If he did not opt in within the term stipulated in para. (1) for the right to obtain the resolution,
the seller is considered to have forfeited this right and can only claim the claim secured by the
mortgage.

(3) If he opted for the resolution, the action for the resolution of the sale is done within the
enforcement appeal, within 15 days from sending the option to the bailiff. In the same term, the
unilateral declaration of resolution of the sale must be made.

(4) The enforced pursuit of the building

Copertineis suspended
Balcon on the
& date when the seller of the pursued
Terasă
real estate submits to the bailiff the proof of the registration within the term of the challenge to
Customizabile: Culori, dimensiuni, Mai multe
the execution provided for in paragraph. (3) or, as the case may mecanism
be, proof de strângere. Alege to
of communication Tentrom Paradise!
the buyer, within the same term,Tentrom
of the unilateral
Paradisedeclaration of resolution.

(5) The forced pursuit of the building is also suspended when the resolution action for non-
payment of the price was introduced before the start of the forced pursuit, provided that this has
been noted in the land register. If the action in the resolution introduced before the start of the
enforced pursuit was not noted in the land register, the seller can, within the term provided in
para. (1), to express in writing the option to continue the trial or not and to note the action in the
land register, if applicable. These provisions apply, accordingly, to the unilateral declaration of
resolution of the sale made before the start of the forced pursuit.

(6) The provisions of this article also apply to the coschimbas, as well as to any other alien who is
the holder of a legal mortgage on the property that is the subject of foreclosure.

SUBSECTION 3 - A§3. The auction and adjudication of the building

Article 842 - Place of the auction

The sale is made at the headquarters of the enforcement body or the enforcement court or at the
place where the building is located or in any other place, if it is considered more suitable for its
good capitalization. The sale can also be made at the town hall within which the property is
located.

Article 843 - Participants in the auction

(1) Any person who has full exercise capacity, as well as the capacity to acquire the good being
sold, can participate in the auction, as an auctioneer.

(2) The debtor may not bid either personally or through intermediaries.

(3) Solvency, capacity and interposition are left to the summary and immediate assessment of the
bailiff, who can refuse, mentioning this in the auction minutes.

(4) The trustee will have to present an authentic special power of attorney, which will be kept in
the execution file.

(5) Subsequent or intervening creditors cannot award the goods offered for sale at a value lower
than 75% of the starting price of the first auction.

Article 844 - Participation guarantee and purchase offer

(1) The persons who want to buy the property at the auction are obliged to deposit a guarantee
representing 10% of the starting price of the auction for the respective term at the unit provided
by law, at the disposal of the bailiff. The proof of registration will be attached to the purchase
offer, which will include the price offered and the terms of payment. The deadline for submitting
the purchase offer accompanied by the proof of registration is the day before the auction, with the
exception of purchase offers at least equal to the starting price of the auction, which can be
submitted even on the day of the auction.

(2) The provisions of art. 768 para. (2) are applicable accordingly.

(3) They are also exempted from the guarantee provided for in para. (1) the persons who, together
with the debtor, have a common ownership right on the real estate in shares or are the holders of
a right of preemption, as the case may be.

(4) In the cases provided for in para. (2) and (3), if the value of the mortgage or privileged claim
or the value of the owner's share does not cover the amount of the guarantee provided in
paragraph. (1) , the difference will be filled.

Article 845 - Postponement of the auction

(1) The bailiff will postpone the sale, ex officio or at the request of the interested party, if it is
found that the deadlines for notifying the debtor or the third party acquirer or, as the case may
be, those for publicizing the sale, have not been respected. For the new term, which cannot be
longer than 20 days from the date set for the first sale, the violated advertising formalities will be
redone, according to art. 839. In the latter case, under penalty of nullity of the auction, it is
sufficient that the sales publications provided by art. 839 para. (4) to be carried out in the
electronic Register of advertisingCopertine Balcon
of the sale of goods &toTerasă
subject forced execution.

Tentrom
(2) In all cases, the interested party, if Paradise
present, may request the postponement of the sale by
written request made before the start of the auction, under penalty of forfeiture.

Article 846 - Conducting the auction

(1) The auction sale is done publicly. It begins with the executor reading the sales publication and
the offers received up to that date.

(2) The auction will be held separately for each building.

(3) If several properties registered in different land registers are encumbered with the same
mortgage or the property is composed of several parcels, the bailiff may order, at the request of
the debtor or subsequent creditor, that the sale be made at the same time for more many
properties or separately for each individual plot. The bailiff will be able to order that the sale be
made separately for a certain part of the building, after carrying out the operation of dismantling
the building in the land register, if this part is not sufficiently individualized.

(4) If the buildings or plots are sold separately, the order of their sale will be indicated by the
debtor, and in the absence of such a mention, it will be established by the executor.

(5) The executor will then offer the building for sale, through 3 successive calls, at time intervals
that allow options and overbids, starting from the price offered which is higher than the one at
which the evaluation was made, according to art. 836 para. (1) , or, in the absence of such an
offer, even from this price.

(6) If the building is encumbered by any right of usufruct, use, habitation or servitude established
after the registration of any mortgage, at the first term of sale the calls will start from the highest
price offered or, failing that, from the one fixed in the publication , reduced by the value of these
rights calculated according to art. 837 para. (2) .

(7) If due to the existence of the rights shown in para. (6) it was not possible to obtain a sufficient
price to cover the previously registered mortgage claims, calculated according to the data from
the land register, the bailiff will resume the auction for the sale of the property free of those rights
on the same day; in this case, the calls will start from the price mentioned in the sales publication,
without the reduction shown in paragraph. (6) .

(8) In the event that the price at which the property was evaluated is not offered, the sale will be
postponed to another term, of at most 30 days, for which a new publication will be made, under
the conditions of art. 839, with the exception of the publication of the announcement in a
newspaper of national or local circulation. At this term, the auction will start from the price of
75% of the starting price of the first auction. If the starting price of the auction is not obtained
and there are at least 2 bidders, at the same time, the good will be sold at the highest price
offered, but not less than 30% of the starting price of the first auction. The sale will be possible
even if there is only one person who offers the price at which the auction starts. In the content of
the sales publication prepared for the second term will be inserted, under penalty of nullity,

(9) If even at the second auction the building was not awarded, at the request of the creditor, the
bailiff will be able to establish a new auction, under the conditions stipulated in paragraph (8) . At
the term established in para. (8) , the auction will start from the price of 50% of the starting price
of the first auction. If this price is not obtained and there are at least 2 bidders, the good will be
sold, at this term, at the highest price offered, even if the latter is lower than the value of the claim
or guarantee. The sale will be possible even if there is only one person who offers the starting
price of this auction. In the content of the sales publication prepared for the third term will be
inserted, under penalty of nullity,

(10) The executor will keep a list in which he will enter the names of the people who took part in
the auction and the amounts they offered.

(11) The executor will declare the adjudicator the person who, at the auction deadline, offered the
sale price higher than, as the case may be, the one shown in paragraph. (6)-(8) .

(12) In all cases, at an equal price, preference will be given to the one who has a right of pre-
emption over the object in question.

Article 847 - The minutes of the auction

(1) The executor will draw up aCopertine

report on theBalcon
conduct and result of each auction, which will
& Terasă
include:

a) the place, date and time when Tentrom Paradise

the auction was held;

b) the name of the bailiff;

c) the name, surname and domicile or, as the case may be, the name and headquarters of the
creditor, the debtor, the third party acquirer, if applicable, and of their representatives;

participants, showing the amounts offered by each;

e) the mentions that the bidders have submitted a guarantee, that that of the adjudicator has
been retained and that the executor ordered the immediate return of the guarantees submitted by
the other participants;

f) the name, surname and domicile or, as the case may be, the name and office of the real estate
adjudicator, if applicable.

(2) The list provided for in art. 846 para. (10), the purchase offers and the expert report, if
applicable, will be attached to the minutes.

(3) The minutes will be signed by the executor, the creditor, the debtor and the third party
acquirer, if they are present, as well as by the adjudicator and other participants in the auction, if
applicable. The bailiff will mention the refusal to sign the minutes.

Article 848 - Termination of the right of preemption

The holder of a right of pre-emption who did not participate in the auction will no longer be able
to exercise his right after the property has been awarded.

Article 849 - Appeal against the tender minutes

(1) The auction minutes recording the adjudication will be noted in the land register, at the
executor's immediate request, at the adjudicator's expense.

(2) Within one month from the date of entry of the adjudication in the land register, the debtor or
the third party acquirer, subsequent creditors and any other interested person according to the
mentions in the land register will be able to challenge the auction minutes by way of contesting
the execution.

(3) The appeal is noted in the land register at the request of the appellant, and in its absence, at
the request of the enforcement court.

(4) The execution court can suspend the release or, as the case may be, the distribution of the
sums resulting from the enforced pursuit of the adjudicated property.

(5) If the court admits the appeal, the bailiff will continue the follow-up from the annulled act and
will ex officio request that the notation provided for in para. (1) to be deleted.

(6) Amounts recorded and not released or, as the case may be, not distributed shall be
immediately returned to the adjudicator.

Article 850 - Submission of the price

(1) The adjudicator of the property will submit the price to the bailiff, within no more than 30
days from the date of the sale, taking into account the security deposited against the price.

(2) When the adjudicator is a creditor, he can submit his claim against the price, being obliged, if
necessary, to submit the difference in price within the term stipulated in para. (1) . If there are
other creditors who have a right of preference under the conditions of art. 865 and 867, he will
deposit until the competition of the adjudication price and the amount necessary for the payment
of their claims, to the extent that they are not covered by the price difference.

Article 851 - Failure to submit the price. Resumption of the auction

(1) If the adjudicator does not submit the price within the term stipulated in art. 850 para. (1) , Mai multe
the building will be put up for sale again on his account, at the starting price of the auction at
which the property was awarded, Tentrom Paradise
he being obliged to pay the expenses occasioned by the new
auction and any price difference. The adjudicator will be able to pay the initially offered price at
the auction deadline, in which case he will only be obliged to pay the expenses caused by the new
auction.

(2) If at the new auction term the building was not sold, the former adjudicator is obliged to pay
all the expenses occasioned by the pursuit of the building.

(3) The amount owed according to para. (1) and (2) by the former adjudicator is established by
the executor through the auction minutes, which constitute an enforceable title. This amount will
be withheld primarily from the deposited guarantee.

Article 852 - Return of guarantees

After awarding the building to one of the participants in the auction, according to art. 846, the
executor, upon request, will order the return of the guarantees submitted by the other
participants, proceeding, when necessary, according to the provisions of art. 851 para. (3) .

Article 853 - Payment of the price in installments

At the request of the adjudicator, the bailiff, with the consent of the creditor, when he is not the
adjudicator, as well as of the debtor, for the part of the price that exceeds the value of the claim,
can establish the payment of the price in installments with the related legal interest, their
number, amount and due date , as well as the amount that is paid immediately as an advance.

Article 854 - The adjudication act

After the full payment of the price or the advance stipulated in art. 853, the executor, based on
the auction minutes, will draw up the adjudication act, which will include the following mentions:


b) the name of the bailiff;

c) number and date of the tender minutes;

debtor, of the third party acquirer and of the adjudicator;

e) the price at which it was sold and the method of payment if the sale was made with payment in
installments;

f) the mention, if applicable, that the building was sold encumbered by the rights of usufruct, use,
habitation or servitude or, as the case may be, free of these rights, under the conditions stipulated
in art. 846 para. (6) and (7);

g) the identification data of the building showing the cadastral or topographical number and the
land book number, as well as the identification data of the former owner;

h) the mention that the adjudication act is a property title and that it can be entered in the land
register;

i) the mention that, for the adjudicator, the act of adjudication constitutes an enforceable title
against the debtor or, as the case may be, the third party acquirer, as well as against any person
who owns or owns the adjudicated real estate, without being able to invoke an opposable right
under the law;

j) the mention that, for the creditor or debtor, as the case may be, the act of adjudication
constitutes an enforceable title against the adjudicator who does not pay the price difference, if
the sale was made with payment of the price in installments;

k) the date of drawing up the adjudication act, the signature and stamp of the bailiff, as well as
the signature of the adjudicator.

Article 855 - Delivery of the actCopertine

of adjudicationBalcon & Terasă

Mai multe
A copy of the adjudication act will be handed over to the adjudicator to serve as a title, and if the
property was sold with paymentTentrom Paradise
of the price in installments, a copy will be handed over to the
subsequent creditor and, as the case may be, to the debtor, in order to serve them as an
enforceable title against the adjudicator, if he does not pay the price difference.

Article 856 - Registration of the property right and possession of the adjudicator

(1) Once a copy of the adjudication act is delivered to the adjudicator, the bailiff will immediately
request, ex officio, the entry in the land register of the adjudicator's property right, at his expense,
even if the adjudicator is himself the third party acquirer who already had the right registered in
the land register. If the right acquired by the adjudicator was provisionally registered, only
provisional registration will be ordered.

(2) At the request of the adjudicator, he will be put in possession of the adjudicated property by
the judicial executor, the act of adjudication constituting an enforceable title against all the
persons indicated in art. 854 lit. i). The provisions of art. 664 and the following are applicable.

( From 04-Feb-2016 Art. 856, paragraph (2) of book V, title II, chapter II, section 4, subsection
3 amended by Art. I, point 17. of Emergency Ordinance 1/2016 )

(3) In case the real estate was sold with the payment of the price in installments, the bailiff will
decide, by the same conclusion, also the entry in the land register of the prohibition of alienation
and encumbrance of the real estate until the full payment of the price and the corresponding
interest .

SECTION 5 - Effects of adjudication

Article 857 - Transfer of property ownership

(1) By adjudicating the building, the adjudicator becomes the owner. From this date, the
adjudicator has the right to fruits and revenues, owes interest until full payment of the price and
bears all the burdens of the building.

(2) Through tabulation, the adjudicator acquires the right to dispose of the purchased property,
according to the rules of the land register.

(3) From the date of registration, the building remains free of any mortgages or other charges
regarding the guarantee of debt rights, creditors being able to realize these rights only from the
price obtained. If the auction price is paid in installments, the charges are extinguished upon
payment of the last installment.

(4) Mortgages and other real encumbrances, as well as real rights established after noting the
tracking in the land register, will be deleted ex officio, with the exception of those for which the
adjudicator would agree to be maintained; also, the real rights established after the registration of
any mortgage will be deleted ex officio, if the sale was made under the conditions stipulated in
art. 846 para. (7) , all the notaries made with forced follow-up, with the exception of the notary of
the appeal against the auction minutes, if this was not resolved by the remaining final decision,
the prohibition of alienation or encumbrance, if any, with the exception of the one provided in
art. 856 para. (3) , as well as the promise to conclude a future contract,

(5) If the real estate was awarded with payment of the price in installments, the adjudicator will
not be able to alienate it or strike it, without the consent of the subsequent creditors and the
debtor, if applicable, before the full payment of the price.

Article 858 - Hidden vices and injury

(1) In case of forced sale at public auction, there is no guarantee against hidden defects.

(2) This sale cannot be challenged even for injury.

Article 859 - Maintenance or termination of contracts

(1) The lease and other legal acts regarding the awarded property remain in existence or, as the
case may be, cease, according to the provisions of art. 828 para. (1) and (2).

(2) Payments made before the due date by the lessee

Copertine or other
Balcon & interested
Terasă persons are subject to the
provisions of art. 828 para. (3) .

SECTION 6 - Special provisions Tentrom Paradise

Article 860 - Termination of actions against the adjudicator

(1) Any request for eviction, total or partial, regarding the awarded property is definitively
extinguished.

(2) In the case of buildings registered for the first time in the land register, under the conditions
of art. 829 para. (2) , the eviction request will be time-barred within 3 years from the date of
registration of the adjudication act in the land register. This prescription also applies against
minors and persons placed under judicial interdiction.

Article 861 - Suspension of price sharing

(1) If the request for eviction provided for in art. 860 para. (2) is entered before the distribution
of the price from the adjudication, the enforcement court, at the request of the adjudicator, will
be able to suspend the distribution of the price, with or without bail, until the final judgment of
the eviction request.

(2) When the eviction request is made after the distribution of the adjudication price, the
common law procedure will be followed.

Article 862 - Action in regress

(1) If it was fully or partially evinced, the adjudicator can sue the pursued debtor to be
compensated. The legal provisions regarding the summons of the seller are applied accordingly.

(2) To the extent that it cannot be satisfied from the debtor, the adjudicator can sue the creditor
who collected the adjudication price, within the limit of the collected amount. The limitation
period is one year and runs from the date on which the enforced execution against the debtor
ceased for the reason provided in art. 703 para. (1) point 2.

Article 863 - Abolition of insurance or enforcement measures

(1) Throughout the enforced pursuit and until the adjudication of the immovable property, the
debtor or any other interested person can obtain the abolition of the insurance or enforcement
measures, recording at the disposal of the pursuing creditor the entire value of the claim, with all
accessories and execution expenses.


(3) If the request is accepted, the court or, as the case may be, the bailiff will also order the release
of the amount in the hands of the creditor.

CHAPTER III: The release and distribution of the amounts obtained through forced pursuit


Article 864 - Release of the amount

If there is only one follow-up creditor, after deducting the execution expenses, when applicable,
the amount of money obtained through the forced follow-up is released to him until the full
coverage of his rights, and the remaining available amount is handed over to the debtor.

Article 865 - Rank of claims with general preference

(1) In the event that the forced pursuit was started by several creditors or when, until the release
or distribution of the amount resulting from the execution, other creditors have also submitted
their titles, the bailiff proceeds to distribute the amount according to the following order of
preference, if the law does not provide otherwise:

a) claims representing court costs, for insurance measures or forced execution, for the
preservation of the assets whose price is distributed, any other costs incurred in the common
Copertine
interest of the creditors, as well as Balcon
the claims against & Terasă
the debtor for the costs incurred in fulfilling
Customizabile:
the conditions or formalities provided Culori,
by law for dimensiuni,of
the acquisition mecanism
the right de
to strângere.
the awardedAlege Tentrom Paradise!
asset Mai multe
and its registration in the publicity register;
Tentrom Paradise

b) the funeral expenses of the debtor, in relation to his condition and condition;

c) receivables representing salaries and other debts assimilated to them, pensions, sums due to
the unemployed, according to the law, aid for the maintenance and care of children, for
maternity, for temporary incapacity for work, prevention of illness, restoration or strengthening
of health, death benefits, granted in the framework of social insurance, as well as claims
representing the obligation to repair damages caused by death, injury to bodily integrity or
health;

d) debts resulting from the legal maintenance obligation, child allowances or the obligation to pay
other periodic sums intended to ensure the means of existence;

e) fiscal receivables from taxes, fees, contributions and other amounts established according to
law, owed to the state budget, the state social insurance budget, local budgets and special fund
budgets;

f) receivables resulting from loans granted by the state;

g) claims representing compensation for the repair of damages caused to public property by
illegal acts;

h) receivables resulting from bank loans, product deliveries, services or works, as well as rents or
leases;

i) receivables representing fines due to the state budget or local budgets;

j) other receivables.

(2) The provisions regarding legal subrogation remain applicable in favor of the person who pays
any of the claims provided for in paragraph. (1) .

(3) In the case of claims that have the same order of preference, unless the law provides
otherwise, the amount realized is distributed among the creditors in proportion to each claim.

Article 866 - Declaration of state claims

(1) Within 15 days from the start of enforcement, according to the law, any creditor can ask the
state or administrative-territorial units to declare their privileged claims. This request will be
entered in the advertising registers only if proof of the notification made to the territorial fiscal
bodies is submitted.

(2) Within 30 days from the notification, the state or administrative-territorial unit must declare
and enter the amount of its claim.

(3) Failure to comply with the obligation provided for in para. (1) results in the loss of preference
in relation to the creditors who requested the declaration.

Article 867 - Rank of secured claims

If there are creditors who, on the property sold, have pledge rights, mortgage or other
preferential rights preserved, under the conditions provided by law, upon the distribution of the
amount resulting from the sale of the property, their claims will be paid before the claims
provided for in art. 865 para. (1) lit. c).

Article 868 - Rank of accessory claims

Interest and penalties or other such accessories of the main claim will follow the order of
preference of this claim.

SECTION 2 - Distribution of the amount resulting from the sale of the tracked goods

Article 869 - The deadline for submitting debt securities

(1) If there are several subsequent or intervening creditors, the amount resulting from the sale is Mai multe
distributed to them according to the order of preference provided for in art. 865-868.
Tentrom Paradise

(2) For this purpose, after the deposit or recording of the amount resulting from the sale, the
executor will urgently set a deadline of 10 days for the deposit of the debt securities.

(3) The debtor, subsequent creditors, local fiscal bodies, administrators-seizure, the adjudicator
and the holders of the rights and duties extinguished by adjudication, of which the executor took
notice under the conditions of art. 741 times art. 836 para. (2) , they will be informed ex officio
about the setting of this deadline, according to the provisions regarding the communication and

(4) The deadline will be displayed at the headquarters of the judicial executor and at that of the
enforcement court at least 5 days before the deadline set for the submission of debt securities.
The display will be verified through a report that will be submitted to the file.

(5) After the expiration of the term shown in para. (4) , no creditor will be able to take part in the
distribution of the amount obtained from the pursuit.

Article 870 - Submission of debt securities

(1) In order to participate in the distribution, all interested creditors will have to submit to the
headquarters of the judicial executor, within the term stipulated in art. 869 para. (4) the debt
securities, in original or certified copy, clearly showing the capital, interest and expenses owed to
them, as well as, if necessary, preferential rights not entered in the land register or other public
registers.

(2) The representative of the tax office will submit the documents proving the claims of the state
or administrative-territorial units at the headquarters of the judicial executor.

(3) Creditors who have instituted insurance measures on the pursued assets, in order to
participate in the distribution, will submit certified copies of the action and of the act confirming
the establishment of the insurance measure.

Article 871 - Periodic receivables

(1) If one of the titles submitted by subsequent creditors contains the debtor's obligation to pay a
sum of money periodically, and the goods remaining in the debtor's patrimony after execution or
his income do not ensure the future payment of the due installments, the amount allocated to the
creditor will be established by the agreement of the parties, which will also provide for the
manner of its fruition, and in the absence of an agreement, the executor will state this fact
through a minutes signed by him and all the parties present. In the latter case, the interested
party will be able to notify the enforcement court in the jurisdiction of which the enforcement is
carried out in order to establish the amount allocated to the creditor, within 15 days from the
conclusion of the minutes, if it was present, or from its communication by to the executor, if he
was absent.

(2) If the parties do not agree, the enforcement court will determine, by conclusion, the amount
with which the creditor will participate in the distribution of the amounts achieved through the
pursuit, as well as the way of its fruition, so that the due installments will be paid primarily from
the interests collected, and if they are insufficient, they will be imputed to the capital. The
conclusion is given with the short-term citation of the parties and is subject only to the appeal.

(3) In the event that none of the parties notifies the enforcement court within the term indicated
in paragraph. (1), the bailiff will request it to determine the amount allocated to the creditor, in
compliance with the provisions of para. (2) .

(4) If the debtor has died and it is found that, in relation to the number of heirs, the place where
they are located, the way in which the inheritance was divided or other similar circumstances, the
payment of the debts in installments is difficult to achieve, the court may, at the creditor's
request, to proceed according to para. (1) , establishing the amount due to the creditor, as well as
the part of it that each heir will pay separately.

Article 872 - Cessation of interest

From the date fixed for the submission of the debt securities, the interest on the claims of
subsequent creditors included in the distribution project ceases to be the responsibility of the
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Article 873 - Prohibition of seizure

(1) The sums resulting from the capitalization of the tracked assets and those recorded at the
executor's disposal cannot be seized by the creditors of the debtor or the adjudicator.

(2) It will be possible to set up attachment only on the amounts attributed to the creditors or the
debtor through the minutes of distribution.

Article 874 - Preparation of the distribution project

(1) Within 5 days from the expiration of the deadline for submitting the debt securities, the
executor will draw up the project for the distribution of the amounts, according to the order of
preference provided in art. 865-868, and if among the following and intervening creditors there
are also creditors who intervened late, after the expiration of the term stipulated in art. 691, their
claims will be allocated on the part of the remaining amount after the rights of subsequent
creditors and those who intervened in due time have been satisfied.

(2) In the event that the buildings encumbered by a collective mortgage were sold together, the
claim secured by such a mortgage will be distributed, at the request of the creditors with a
posterior rank, over the adjudicated buildings, proportionally to the price obtained for each
individual building, and if there are previous mortgage claims, proportional to the remaining
price of each property, after the claims with rank prior to the collective mortgage have been
covered.

(3) Term and conditional receivables will be distributed according to their rank, as if they were
pure and simple, with the mention that they will be paid only according to the rules provided in
art. 881 and 882.

(4) Claims that can only be capitalized after the execution of the assets of a main co-debtor will be
considered as subject to a suspensive condition.

(5) Holders of the rights of usufruct, use, habitation and servitude, extinguished by adjudication,
will be entered in the order of registration with the value of these rights entered in the land
register, and if it is not entered, with the value determined according to art. 837 para. (2) , which
can be contested under the conditions of art. 875 para. (2) .

(6) The creditor of a life annuity or other periodic claim will be entered in the order of
registration in the land register, with an amount whose annual interest will be sufficient to ensure
the payment of the annuity installments.

Article 875 - Display of the distribution project

(1) The distribution project will be communicated to the debtor and the creditors who have
submitted their debt securities, according to the provisions regarding the communication and

(2) They will be summoned with the express mention that, under the penalty of forfeiture, within
5 days from the date of communication, they can formulate, in writing, objections to the
distribution project.

(3) In the absence of objections within the term indicated in para. (2) , the distribution project
becomes definitive.

(4) In case of objection, the executor will summon the debtor and all creditors in writing for a
possible conciliation, which will take place at the executor's headquarters within no more than 15
days from the date of receipt of the last appeal.

Article 876 - Conciliation attempt. Effects

(1) If, at the time set for conciliation, the debtor or creditors who have raised objections no longer
persist in maintaining them or an agreement is reached regarding the method of distribution, the
executor will take note of the agreement reached and order the distribution of the amounts
according to this agreement , which will be recorded in a minutes signed by the executor and all
the persons present.

(2) If an agreement is not reached, and those who have formulated objections persist in
maintaining them, the executor Tentrom Paradise
will conclude a minutes in which the objections of those present
will be recorded, signed by him and those present.

(3) The person dissatisfied with the distribution project can file an appeal within 5 days from the
date of drawing up the minutes provided for in paragraph. (2) . The appeal automatically
suspends the payment of the claim or part of the contested claim. At the first term at which the
parties were legally summoned, the court is obliged to rule on the maintenance or, as the case
may be, the removal of the suspension. The court pronounces by closing, which can only be
challenged by appeal, within 5 days from the pronouncement. The appeal does not legally
suspend the execution of the contested decision.

(4) The debtor or creditors who did not appear by the deadline indicated in paragraph. (1) they
are considered to have waived the objections formulated, being deprived of the right to challenge
the execution.

Article 877 - Resolution of appeals

(1) All appeals filed against the distribution project are judged by the enforcement court, through
a single decision, urgently and with precedence, with a short notice of the parties. The decision
can only be challenged by appeal within 5 days of communication.

(2) The appellant whose application was rejected will be liable to the creditors for the interests
exceeding those stipulated in art. 872 and for all damages caused by the delay in paying the due
amounts.

Article 878 - Correction of calculation errors and material mistakes

Calculation errors and other material mistakes will be corrected by the executor, ex officio or
upon request, mentioning this in the conclusion ordering the release or, as the case may be, the
distribution of the amount.

SECTION 3 - Payment of the amount resulting from the enforced pursuit


(1) If the law does not provide otherwise, the payment of the amount resulting from the execution
can be ordered only after the expiration of the deadline for submitting the debt securities or, as
the case may be, upon the expiration of the deadline for formulating objections against the
distribution project.

(2) The executor will rule on the payment of the amount shown in paragraph. (1) by enforceable
conclusion, given without summoning the parties.

(3) The remaining amount will be released to the debtor.

Article 880 - Making payments

(1) Payments will be made by the unit where the amounts resulting from the investigation were
deposited or recorded, based on a payment order sent by the bailiff.

(2) Proof of payment will be communicated to the executor, who will keep it in the execution file.

Article 881 - Payment of debts affected by the deadline

If the claim is affected by a suspensive term, it will be paid even if the term has not been fulfilled.
When such a debt is without interest, payment before the deadline will only be made if the
interest due until the deadline is met. If, however, the creditor does not agree to the reduction,
the claim will be recorded at the unit provided by law, to be released when the deadline is met.

Article 882 - Payment of conditional claims

(1) When the condition is resolutive, the creditor will not be able to release the due amount,
unless he gives a bond or creates a mortgage in favor of those who should use this amount in case
the condition is fulfilled. Copertine Balcon & Terasă

(2) If, however, the condition is Tentrom Paradise

suspensive, the amount due to the creditor will be distributed to
the creditors that come after him, if they will give a bond or set up a mortgage to guarantee the
restitution of the amount received in case of fulfillment of the condition.

(3) If the creditors provided for in para. (1) and (2) do not give a bond or constitute a mortgage,
the amount will be recorded at the unit provided by law until the resolutive or suspensive
condition is met.

Article 883 - Payment of contested claims

(1) The amounts corresponding to disputed claims or those for which insurance measures have
been established, as well as those claimed under the conditions provided for in art. 692 para. (6) ,
but not recognized, in whole or in part, by the debtor, will be recorded to be paid later.

(2) After the decision to resolve the appeal or the one given on the action on the basis of which
the insurance measure was established remains final, the executor, at the request of the debtor or
the interested creditor, will order, according to the respective decision, either the release of the
sums corresponding to the contested claim or allocated on the basis of an insurance measure, or
their distribution, under the conditions of the law, among creditors left unsatisfied. The
remaining amount will be released to the debtor.

(3) If the claimed amount was kept for the obtaining by the intervening creditors of the necessary
enforceable titles, under the conditions stipulated in art. 692 para. (6) , the executor, at the
request of one of the parties or even ex officio, will summon the debtor, the subsequent creditor
and the intervening creditors, with the exception of those who are fully satisfied, and, after
listening to those present, will order the release of the amount withheld in the account of the
intervening creditors who have obtained in the meantime an enforceable title. The presentation
of the interested parties may be arranged, at the request of any of the creditors, and before the
expiry of the legal term for obtaining the enforceable title, except in the case where there are
other creditors who are going to obtain the enforceable title. The remaining amount will be
released to the debtor.

Article 884 - Payment of periodic claims

(1) The amount allocated to the creditor of a periodic claim will be used for its fruition, to ensure
the payment of installments, in the manner agreed by the interested parties, and in the absence of
an agreement, in the manner decided by the enforcement court, upon notification of the party
interested parties or, in their absence, of the bailiff, under the conditions provided for in art. 871.

(2) If the interest on the allocated amount will be lower than the due rates, the difference will be
made up by taking over from the capital.

(3) After extinguishing, for any reason, the obligation to pay, the remaining amount will be
distributed to the unsatisfied creditors or released to the debtor.

Article 885 - Delivery of debt securities

(1) Titles of receivables paid in full will be released to creditors, with the mention of the total
extinguishment of the debt.

(2) Titles of partially paid receivables will be released to creditors with the mention of the paid
part.

Article 886 - Closing the procedure

(1) After handing over the titles, the executor, through a conclusion given without summoning the
parties, notes the termination of the enforced pursuit and orders the file to be closed.

(2) Creditors who have not been satisfied may, however, request the resumption of the enforced
pursuit, under the conditions of the law, or the performance of a new pursuit on other assets of
the debtor, if necessary.

Article 887 - Amounts not collected

The amounts recorded and not collected within 5 years from the date of the communication of the
conclusion by which their distribution was approved are made income to the local budget, the

TITLE III: Direct enforcement Tentrom Paradise


Article 888 - Mode of execution

(1) In case the debtor's obligation stipulated in the enforceable title consists in leaving the
possession of an asset, in handing over an asset or its use, or in evicting the debtor from a house
or another premises, in dismantling a construction, plantation or of another work or in the
performance of any other activity established for the fulfillment of the creditor's rights, and the
debtor does not voluntarily perform his obligation within the term stipulated in the summons,
the creditor will request forced execution, being able, in relation to the circumstances of the case
and the nature of the obligation being performed, to notify the enforcement court, in order to
apply a penalty.

(2) The assignment by court decision of a building or the obligation to hand it over, leave it in
possession or use, as the case may be, also includes the obligation to evacuate the building, if the
law does not expressly provide otherwise.

Article 889 - Execution without summons

At the creditor's request, if an urgent need is justified or there is a danger that the debtor will
evade prosecution, hide, destroy or damage the assets that must be handed over, the court will be
able to order, by concluding the approval of the enforced execution or on separate way, so that
the forced execution is done immediately and without a summons.

( From 24-Mar-2017 Art. 889 of book V, title III, chapter I amended by Art. 1, point 9. of Law
17/2017 )

Article 890 - Minutes of execution

(1) About the fulfillment of the obligations stipulated in this chapter, the executor will conclude a
report under the conditions of art. 679, also establishing the execution expenses to be paid by the
debtor.

(2) The minutes will be communicated to the parties, and a copy will be kept in the enforcement
file.

(3) The minutes constitute an enforceable title regarding the execution expenses, determined to
be borne by the debtor.

Article 891 - The impossibility of forced surrender of the property

In the event that the forced delivery of an asset has become impossible due to its destruction,
hiding or damage or other such circumstances, the executor will record this in a report drawn up
under the conditions of art. 890, and at the same time it will order, through the conclusion, the
cessation of forced execution.

Article 892 - Obliging the debtor to pay compensation

(1) If in the enforcement title it has not been established what amount is to be paid as equivalent
to the value of the asset in the case of the impossibility of its delivery or, as the case may be, the
equivalent of the compensation due in the event of non-execution of the obligation to do what the
personal fact of the debtor implies, the court of execution, at the creditor's request, will establish
this amount by decision given with the summons of the parties, in short term. In all cases, at the
creditor's request, the court will also take into account the damages caused by the voluntary non-
execution of the obligation, before it becomes impossible to execute.

(2) The decision is enforceable and is only subject to appeal. The suspension of the execution of
this decision can only be obtained with the recording of the established amount. The provisions
of art. 751 and 752 are applicable accordingly.

(3) On the basis of the request provided for in para. (1), the creditor will be able to establish
insurance measures.

CHAPTER II: FORCED SURRENDER OF MOVEABLE

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If the party obliged to hand over a movable asset, determined by quality and quantity, does not
fulfill its obligation within 24 hours from the communication of the conclusion of approval of the
execution, its handover will be done by forced execution.

Article 894 - Enforcement

(1) In order to enforce the obligation provided for in art. 893, the bailiff will collect the asset
sought from the debtor or from the person with whom it is located, putting the creditor in his
rights, established by the enforcement title.

(2) The bailiff will conclude, under the conditions of art. 890, a report on the fulfillment of the
execution, also establishing the execution expenses to be paid by the debtor.

Article 895 - Impossibility of surrender

If, within 30 days from the date of the bailiff's departure to the place from where the movable
property was to be picked up, the forced handover to the creditor has not been carried out, the
bailiff, at the request of the latter, may draw up a conclusion stating the impossibility of teaching.
The provisions of art. 891 and 892 are applied accordingly even when the debtor, after the 30-day
deadline, offers to hand over the asset to the creditor.

CHAPTER III: FORCED SURRENDER OF REAL ESTATE

Article 896 - Term of execution

(1) No eviction from residential buildings can be made from December 1st until March 1st of the
following year, unless the creditor proves that, in accordance with the provisions of the housing
legislation, he and his family will not have at their disposal a suitable house or that the debtor and
his family have another suitable house where they could move immediately.

(2) The provisions of para. (1) does not apply in the case of the eviction of persons who occupy a
house abusively, de facto, without any title, nor to those who were evicted because they endanger
cohabitation or seriously disturb public peace.


If the party obliged to evacuate or hand over a building does not fulfill this obligation within 8
days from the communication of the conclusion of the approval of the execution, it will be
removed by forced execution, and the building will be handed over to the entitled party.

Article 898 - Enforcement

(1) In order to enforce the obligation provided for in art. 897, the bailiff will go to the spot, will
summon the debtor to leave the building immediately, and in case of objection, will evict the
debtor from the respective building together with all the persons who occupy the building in fact
or without any title opposed to the creditor , with or without the help of the public force, as the
case may be, putting the creditor in his rights.

(2) When the debtor is absent or refuses to open the doors, the executor will be accompanied by
agents of the public force or representatives of the gendarmerie, as the case may be.

(3) After opening the doors of the building, the presence of those mentioned in para. (2) may be
replaced by 2 assistant witnesses.

(4) Execution in the form of real estate foreclosure may continue on the day it begins right after
8:00 p.m., as well as on the following days, including non-working days, if it has not been
completed due to an objection to the execution by the debtor or another persons or if the
operations that must be carried out to complete the enforced execution could not be carried out
until 20:00.

Article 899 - Storage of movable assets

(1) If the execution concerns a building in which there are movable assets that are not the object
of the execution and which the debtor does not pick up himself or are seized in another pursuit,
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(2) The provisions of this book relating to administrators-seizure in the matter of real property
tracking are applicable accordingly.

(3) If the assets left in storage are not seized in favor of another pursuit, the executor will fix,
through the minutes shown in art. 900, the term in which the debtor must collect them, which
cannot be longer than one month.

Article 900 - The record of forced surrender

About the fulfillment of the execution according to the provisions of this chapter, the bailiff will
draw up a report, the provisions of art. 890 being applicable. If the debtor refuses to receive the
report, is missing or, as the case may be, has left the building after the start of execution, and his
domicile is in that building, the bailiff, if the debtor has not notified him of a chosen domicile, will
proceed to display the process - report of forced surrender on the door of the building or in any
other part of the building that makes it visible.

Article 901 - Sale of goods left in storage

(1) If the debtor does not pick up the goods within the term shown in the minutes stipulated in
art. 900 and they have a market value, they will be put up for sale, including those that are
intangible by their nature, according to the rules regarding the sale of traceable movable assets.

(2) The price of the goods sold, after deducting the costs of forced execution, including the sales
costs and the remuneration of the seizure administrator, will be recorded in the name of the
debtor, who will be informed about this according to the provisions regarding the communication
and delivery of summonses. The provisions of art. 900 is applied accordingly.

(3) Goods that have no market value are declared abandoned. Also, at the request of the creditor,
the bailiff can declare abandoned the movable assets that have a market value and have not been
claimed by the debtor or another person who would prove ownership, within 4 months from the
date of the conclusion of the minutes of forced surrender.

(4) The debtor will also be notified of all this, according to the provisions provided in paragraph
(2) , as well as the local financial body to take over the abandoned goods. The provisions of art.

Article 902 - Reoccupation of the building

(1) If, after the conclusion of the report of forced surrender, the debtor or any other person, in the
absence of prior express consent or a court decision, enters or resettles in the building, at the
request of the creditor or another interested person, it will be possible makes a new forced
execution based on the same enforceable title, without a summons and without any other prior
formality.

(2) In the case provided for in para. (1) , any movable goods, regardless of their nature or value,
which were not picked up on the date of the initial forced surrender or which were brought into
the building after reoccupation, are legally considered abandoned from the moment of
repossession.

(3) Based on the minutes made available to the criminal investigation body, in a certified copy, by
the bailiff, the criminal investigation will be initiated.

CHAPTER IV: Forced execution of other obligations to do or obligations not to do

SECTION 1 - Common provisions

Article 903 - Scope

(1) The provisions of this section are applicable in the case of forced execution in kind of
obligations to do or not to do based on an enforceable title. If by the enforceable title the creditor
was authorized to, at the debtor's expense, execute himself or have the obligation to do executed
or, as the case may be, remove or remove what the debtor did in violation of the obligation not to
do it is no longer necessary to obtain a new enforceable title by which to establish the
compensation owed by the debtor or, as the case may be, the value of the works necessary to
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(2) The provisions of art. 1. 528 of the Civil Code remain applicable.

Article 904 - Execution of the obligation to do

If the debtor refuses to fulfill an obligation contained in an enforceable title, within 10 days from
the communication of the conclusion of approval of the execution, the creditor can be authorized
by the enforcement court, by means of an enforceable conclusion, dated with the summons of the
parties, to perform it himself or through other persons, at the expense of the debtor.

Article 905 - Execution of the obligation not to do

(1) The provisions provided in this section are also applicable in the case where the enforceable
title includes an obligation not to do.

(2) The creditor will be able to ask the enforcement court to be authorized, through an executory
decision, with the summons of the parties, to dissolve himself or through other persons, at the
expense of the debtor, the works done by him against the obligation not to do.

Article 906 - Application of penalties

(1) If, within 10 days from the notification of the conclusion of the approval of the execution, the
debtor does not perform the obligation to do or not to do, which cannot be fulfilled by another
person, he can be forced to fulfill it, by applying some penalties, by the enforcement court.

( From 22-Nov-2017 Art. 906, paragraph (1) of book V, title III, chapter IV, section 1 see

(2) When the obligation is not quantifiable in money, the court notified by the creditor may oblige
the debtor, by final settlement with the summons of the parties, to pay in favor of the creditor a
penalty from 100 lei to 1,000 lei, set per day from delay, until the execution of the obligation
stipulated in the enforceable title.

( From 22-Nov-2017 Art. 906, paragraph (2) of book V, title III, chapter IV, section 1 see

(3) When the obligation has an object that can be assessed in money, the penalty provided for in
para. (2) can be established by the court between 0.1% and 1% per day of delay, percentage
calculated from the value of the object of the obligation.

(4) If, within 3 months from the date of notification of the termination of the application of the
penalty, the debtor does not perform the obligation stipulated in the enforceable title, the
enforcement court, at the request of the creditor, will fix the final amount owed to him under this
title, by closing, date with the summons of the parties. The creditor can request the fixing of the
final amount as late penalties after the passage of each 3-month period in which the debtor does
not perform the obligation stipulated in the executory title, until it is completely extinguished.

( From 21-Dec-2018 Art. 906, paragraph (4) of book V, title III, chapter IV, section 1 amended

(5) The penalty may be removed or reduced, by means of an appeal to the execution, if the debtor
performs the obligation stipulated in the enforceable title and proves the existence of solid
reasons that justified the delay in execution.

(6) The conclusion given under the conditions of para. (4) is enforceable.

(7) The granting of penalties under the conditions of para. (1) -(4) does not exclude obliging the
debtor to pay compensation, at the request of the creditor, under the conditions of art. 892 or
common law.

Article 907 - Prohibition of punitive damages

For the non-execution of the obligations stipulated in this chapter, punitive damages cannot be
granted.

Article 908 - Competition of the public force
Tentrom Paradise

If, in the cases provided for in art. 904 and 905, the debtor opposes the execution of the
obligation by the creditor, the bailiff, at the request of the creditor, will obtain, under the
conditions of the law, the participation of the police, gendarmerie or other agents of the public
force, as the case may be.

Article 909 - Making entries in the land register

(1) If, through an enforceable title, an entry in the land register was ordered against the person
registered as the right holder, the creditor will be able to request, directly or through the judicial
executor, the cadastre and real estate advertising office to order the entry based on this title .

(2) If the person against whom the registration was ordered was also obliged, by the same
enforceable title or by another, to evacuate or, as the case may be, to hand over the property to
the creditor, the procedure will be carried out according to the provisions of art. 896 and the
following.

(3) The provisions of this article are applicable, accordingly, in cases where the obligation
included in the enforceable title concerns the making of entries in public registers other than the
land register.

SECTION 2 - Execution of court decisions and other enforceable titles related to minors

( From March 24, 2017, book V, title III, chapter IV, section 2 amended by Art. 1, point 10. of
Law 17/2017 )

Article 910 - Scope

(1) The provisions of this chapter are also applicable in the case of measures concerning minors
provided for in an enforceable title, such as the establishment of the minor's residence, fostering,
the return of the minor by the person who holds him without right, the exercise of the right to
have personal ties with the minor, as well as other measures provided by law.

(2) In these cases, the bailiff will send the parent or the person with whom the minor is with the
conclusion of approval of the execution together with a summons in which he will communicate
to him the date on which to appear together with the minor at the headquarters or in another
place established by the executor, with a view to taking it over by the creditor, or, as the case may
be, he will consider allowing the other parent to exercise his right to have personal ties with the
minor, according to the schedule established in the enforcement title.

(3) If the debtor does not comply with the executor's summons, he, at the creditor's request, will
notify the enforcement court in order to apply the provisions of art. 906.

Article 911 - Special enforcement rules

(1) If within one month from the communication of the conclusion provided for in art. 906 para.
(2) the debtor does not perform his obligation, the bailiff will proceed with forced execution.

(2) The execution will be carried out in the presence of a representative of the general direction of
social assistance and child protection and, when he deems it necessary, of a psychologist
appointed by it. The presence of the psychologist is not necessary if the management
representative has this qualification.

(3) At the request of the judicial executor, the agents of the public force are obliged to participate
in the execution, under the conditions of the law.

(4) It is not allowed for any person to scold the minor or to exert pressure on him in order to
carry out the execution.

Article 912 - Opposition to execution

(1) If the debtor does not fulfill his obligation, the penalty established by the court according to
art. 906 will run until the moment of execution, but not more than 3 months from the
communication of the conclusion provided for in art. 906 para. (2) .

(2) In the event that the debtor Copertine

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Article 913 - Refusal of the minor

(1) If the executor finds that the minor himself categorically refuses to leave the debtor or shows
aversion towards the creditor, he will draw up a report in which he will record his findings and
which he will communicate to the parties and the representative of the general assistance
department social and child protection.

(2) The representative of the general directorate of social assistance and child protection will
notify the competent court of the place where the minor is located, so that it can order, depending
on the child's age, a psychological counseling program, for a period that cannot exceed 3 months.
The request is resolved as a matter of urgency in the council chamber, through a conclusion not
subject to any appeal, pronounced with the summons of the parents and, as the case may be, the
person with whom the child is. The legal provisions regarding listening to the child remain
applicable.

(3) Upon completion of the counseling program, the psychologist appointed by the court will
draw up a report that will be communicated to the court, the bailiff and the general directorate of
social assistance and child protection.

(4) After receiving the psychologist's report, the executor will resume the enforced execution
procedure, according to art. 911.

(5) If even during this procedure the execution cannot be carried out due to the minor's refusal,
the creditor may notify the competent court of the place where the minor is located in order to
apply a penalty, the provisions of art. 906 para. (2) and (4) - (6) being applicable accordingly.

Article 914 - Minutes of findings

The bailiff will conclude a report in which he will state the manner of fulfilling the obligations
provided for in art. 910 para. (1), the provisions of art. 890 being applicable accordingly.

BOOK VI: Special Procedures

TITLE I: Divorce procedure

CHAPTER I: Common provisions


(1) The request for divorce is the jurisdiction of the court in whose district the last common
residence of the spouses is located. If the spouses did not have a common residence or if none of
the spouses no longer lives in the jurisdiction of the court in which the last common residence is
located, the competent court is the one in the jurisdiction of which the defendant has his
residence, and when the defendant does not have a residence in the country and the courts
Romanian courts are internationally competent, the jurisdiction is the jurisdiction in which the
plaintiff resides.

(2) If neither the plaintiff nor the defendant live in the country, the parties can expressly agree to
submit the divorce application to any court in Romania. In the absence of such an agreement, the
divorce application is under the jurisdiction of the Court of District 5 of the Municipality of
Bucharest.

( From 21-Dec-2018 Art. 915, paragraph (2) of book VI, title I, chapter I amended by Art. I,
point 69. of Law 310/2018 )

Article 916 - Application for divorce

(1) The divorce application shall include, in addition to those provided by law for the summons
application, the names of the minor children of the 2 spouses or adopted by them.

(2) If there are no minor children, this circumstance will be mentioned in the application.

(3) A copy of the marriage certificate and, as the

Copertine case may&be,
Balcon a copy of the birth certificates of
Terasă
minor children shall be attached to the application.

(4) The agreement of the spousesTentrom Paradise

resulting from mediation regarding the dissolution of the
marriage and, as the case may be, the resolution of ancillary aspects of the divorce may be added
to the request.

Article 917 - Counterclaim

(1) The defendant's husband can also file for divorce, at the latest by the first court term at which
he was legally summoned, for the facts that happened before this date. For the facts that
happened after this date, the defendant will be able to make a request until the beginning of the
debates on the merits of the plaintiff's request.

(2) The defendant's request will be made at the same court and will be judged together with the
plaintiff's request.

(3) In the event that the reasons for the divorce arose after the debates on the merits began at the
first instance and while the judgment of the first request is on appeal, the defendant's request
may be made directly to the court charged with judging the appeal.

(4) Failure to submit the application within the terms indicated in para. (1) and (3) causes the
defendant's husband to lose the right to ask for a divorce for those reasons. If the claimant's
request was rejected, the defendant husband can ask for a divorce for reasons raised later.

Article 918 - Active procedural quality

(1) Dissolution of the marriage through divorce can only be requested by the spouses.

(2) However, the husband placed under judicial interdiction may request a divorce through a
legal or personal representative if he proves that he has an unaffected discernment.

Article 919 - Accessory and incidental requests

(1) At the request, the divorce court also pronounces on:

a) the exercise of parental authority, the parents' contribution to the expenses of raising and
educating the children, the child's residence and the parent's right to have personal ties with him;

b) the names of the spouses after the divorce;

c) family home;

d) the claimed compensation for the material or moral damages suffered as a result of the
dissolution of the marriage;

e) maintenance obligation or compensatory benefit between former spouses;

f) the termination of the matrimonial regime and, as the case may be, the liquidation of the
community of assets and their division.

(2) When the spouses have minor children, born before or during the marriage or adopted, the
court will rule on the exercise of parental authority, as well as on the parents' contribution to the
expenses of raising and educating the children, even if this was not requested by divorce petition.

(3) Also, the court will rule ex officio on the name that the spouses will bear after the divorce,
according to the provisions of the Civil Code.

Article 920 - Temporary measures

The court can take, throughout the process, by presidential decree, provisional measures
regarding the establishment of the home of minor children, the maintenance obligation, the
collection of the state allowance for children and the use of the family home.

Article 921 - Personal appearance of the parties

(1) Before the substantive courts, the parties will

Copertine appear in
Balcon &person,
Terasă unless one of the spouses is
serving a custodial sentence, is prevented by a serious illness, is placed under a judicial interdict,
Mai multe
has a residence abroad or is in Customizabile:
- another suchCulori, dimensiuni,
situation, which mecanism de strângere.
prevents him Alege Tentrom Paradise!
from presenting
himself; in such cases, the person in question
Tentrom will be able to appear through a lawyer, trustee or,
Paradise
as the case may be, through a guardian or curator.

(2) The court will try to reconcile the spouses at each appearance.

(3) In all cases, the court is obliged to listen to the minor child, according to the provisions of the
Civil Code.

Article 922 - Absence of the plaintiff

If at the time of trial, in the first instance, the plaintiff is unjustifiably absent and only the
defendant appears, the application will be rejected as unsupported.

Article 923 - Summoning the defendant

If the procedure for summoning the defendant's husband was completed by appearance, and he
did not appear at the first term of the trial, the court will ask for evidence or order investigations
to verify if the defendant has his residence at the place indicated in the application and, if it finds
that he does not live there, will have him summoned to his actual residence, as well as, if
necessary, to his place of work.

Article 924 - Waiver of judgment

The plaintiff can waive the judgment throughout the trial, even if the defendant objects. The
plaintiff's renunciation has no effect on the defendant's request for divorce.

Article 925 - Reconciliation of spouses

(1) Spouses can reconcile during the entire course of the trial, even if the stamp duties have not
been paid. In this case, the court will take note of the conciliation and order, by final decision, the
closing of the file, as well as the return of the stamp duties, if they have been paid.

(2) Either of the spouses will be able to make a new request for facts that happened after the
reconciliation and, in this case, they will be able to use the old facts as well.

Article 926 - Death of one of the spouses

(1) If during the divorce process one of the spouses dies, the court will take note of the
termination of the marriage and will order, by final decision, the closing of the file.

(2) However, when the divorce request is based on the defendant's fault and the plaintiff dies
during the process, leaving heirs, they will be able to continue the action, which the court will
admit only if it finds the exclusive fault of the defendant's husband. Otherwise, the provisions of
para. (1) remain applicable.

(3) For bringing the heirs of the plaintiff husband into the case, the court will apply art. 412 para.
(1) point 1.

(4) If the action is continued by the heirs of the plaintiff husband, according to para. (2) , the
marriage is considered dissolved on the date of filing the divorce petition.

Article 927 - Non-reasoning of the decision

The decision by which the divorce is pronounced will not be motivated, if both parties request
this from the court.

Article 928 - Appeals. Publicity of the decision

(1) The plaintiff's appeal against the decision rejecting the application will be rejected as
unsupported, if only the defendant appears at the trial.

(2) The defendant's appeal will be judged even if only the plaintiff appears.

(3) If one of the spouses has remarried,

Copertinethe finalBalcon
decision by
& which the marriage was dissolved is
Terasă
not subject to appeal for annulment and revision in terms of divorce.

(4) The court where the divorce Tentrom

decisionParadise
remained final will send it, ex officio, to the local
community public service for records of persons where the marriage was concluded, to the
National Registry of Matrimonial Regimes, provided by the Civil Code, and, if one of the spouses
he was a professional, the trade register.

CHAPTER II: Divorce is the remedy

SECTION 1 - Divorce by consent of the spouses

Article 929 - Scope

The provisions of this section do not apply to cases where the spouses opted for administrative or
notarial divorce, under the terms of the Civil Code.

Article 930 - Submission of the request

(1) If the divorce petition is based, under the conditions provided by the Civil Code, on the
agreement of the parties, it will be signed by both spouses or by a joint trustee, with a special
authentic power of attorney. If the trustee is a lawyer, he will certify the signature of the spouses,
according to the law.

(2) When appropriate, in the divorce petition, the spouses will also establish the ways in which
they have agreed to resolve the requests ancillary to the divorce.

(3) Receiving the request formulated under the conditions of para. (1), the court will verify the
existence of the consent of the spouses, after which it will set a deadline for resolving the request
in the council chamber.


(1) At the trial term, the court will check whether the spouses persist in dissolving the marriage
based on their agreement and, if so, will pronounce the divorce, without mentioning the fault of
the spouses. By the same decision, the court will take note of the consent of the spouses regarding
the accessory requests, under the conditions of the law.

(2) If the spouses do not agree on the accessory requests, the court will administer the evidence
provided by law for their resolution and, at the request of the parties, will issue a decision
regarding the divorce, according to para. (1) , solving at the same time the requests regarding the
exercise of parental authority, the parents' contribution to the expenses of raising and educating
the children and the names of the spouses after the divorce.

(3) If it will be the case, with regard to the other ancillary requests, the court will continue the
trial, pronouncing a decision subject to the appeals provided by law.

(4) The decision pronounced under the conditions of para. (1) is final, and the decision
pronounced according to para. (2) is final only in regards to divorce, if the law does not provide
otherwise.

Article 932 - Request accepted by the defendant

(1) When the request for divorce is based on the fault of the defendant spouse, and he recognizes
the facts that led to the breakup of the marital life, the court, if the plaintiff agrees, will pronounce
the divorce without investigating the validity of the grounds for divorce and without mentioning
about fault for the dissolution of the marriage.

(2) The provisions of art. 931 para. (2) -(4) shall be applied accordingly.

(3) If the plaintiff does not agree with the pronouncement of divorce under the conditions of
para. (1), the request will be resolved according to art. 934.

SECTION 2 - Divorce for health reasons


When the divorce is requestedCopertine

because the state
Balconof health of one of the spouses makes it
& Terasă
impossible to continue the marriage, the court will administer evidence regarding the existence of
Customizabile: Culori,and
dimensiuni, mecanism Mai multe
the disease and the state of health of the sick spouse will pronounce the de strângere.
divorce, Alege to
according Tentrom Paradise!
the Civil Code, without mentioning the fault
Tentrom for the dissolution of the marriage.
Paradise

CHAPTER III: Divorce due to the fault of the spouses

Article 934 - Guilt in breaking up the marriage

(1) The court will pronounce the divorce due to the fault of the defendant spouse when, due to
solid reasons attributable to him, the relations between the spouses are seriously damaged and
the continuation of the marriage is no longer possible.

(2) The court can pronounce the divorce due to the fault of both spouses, even when only one of
them has made a request, if it appears from the evidence provided that both are guilty of the
breakdown of the marriage.

(3) If the defendant has not filed a counterclaim, and from the evidence provided it appears that
only the plaintiff is guilty of the breakdown of the marriage, his claim will be rejected as
unfounded, except in the case where the conditions stipulated in art. 935 regarding the
pronouncement of divorce due to the exclusive fault of the plaintiff.

Article 935 - Divorce for long-term separation

(1) When the spouses are de facto separated for at least 2 years, either of them may ask for a
divorce, assuming responsibility for the failure of the marriage. In this case, the court will verify
the existence and duration of the separation in fact and will pronounce the divorce due to the
exclusive fault of the plaintiff.

(2) If the defendant spouse declares his agreement with the divorce, the provisions of art. 931.

TITLE II: The procedure of placing under judicial interdiction


The request to place a person under judicial interdiction is resolved by the guardianship court in
whose jurisdiction he has his domicile.


The request to place a person under judicial interdiction will include, in addition to the elements
provided for in art. 194, the facts resulting from her mental alienation or mental debility, as well
as the proposed evidence.

Article 938 - Preliminary measures

(1) After receiving the request, the president of the court will order to communicate copies of the
request and the attached documents to the person whose injunction was requested. The same
communication will be made to the prosecutor, when the request was not introduced by him.

(2) The prosecutor, directly or through the police bodies, will carry out the necessary
investigations, will take the opinion of a commission of specialist doctors, and if the person
whose placing under judicial interdict is requested is hospitalized in a health unit, will also take
its opinion .

(3) If necessary, the president orders the appointment of a curator under the conditions provided
by the Civil Code. The appointment of the curator is mandatory in order to represent in court the
person whose injunction is requested, in case his state of health prevents his personal
presentation.

Article 939 - Provisional internment

If, according to the opinion of the commission of specialist doctors and, when necessary, of the
health unit provided for in art. 938 para. (2) , longer observation of the mental state of the person
whose placement under judicial interdiction is requested is necessary and the observation cannot
be done in any other way, the court, requesting the conclusions of the prosecutor, will be able to
order provisional internment, for a maximum of 6 weeks , in a specialized health unit.

Article 940 - Judgment
Tentrom Paradise

(1) After receiving the documents provided for in art. 938, the deadline for judging the request
will be set, ordering the parties to be summoned.

(2) At the trial term, the court is obliged to listen to the person whose placement under a judicial
interdict is requested, asking him questions to ascertain his mental state. If the person whose
injunction is requested is not able to appear in court, he will be heard at the place where he is.

(3) The trial will take place with the participation of the prosecutor.


(1) After the decision to put under judicial interdiction has become final, the court that
pronounced it will immediately communicate its decision in a legalized copy, as follows:

a) to the local community public service for the record of the persons where the birth of the one
placed under judicial interdiction is registered, in order to make a mention on the side of the
birth certificate;

b) the competent health service, in order for it to establish a permanent supervision over the one
placed under judicial interdiction, according to the law;

c) the competent cadastre and real estate advertising office, for recording in the land register,
when appropriate;

d) the trade register, if the person placed under judicial interdiction is a professional.

(2) The provisions of para. (1) are also applicable to the courts charged with judging the appeals
provided by law.

(3) In the event that the application for judicial injunction was rejected, the guardianship
instituted during the trial ceases by law.

Article 942 - Appointment of the guardian

If the decision to place under judicial interdiction remained final, the guardianship court
immediately appoints a guardian to protect the person placed under judicial interdiction, under
the conditions provided by the Civil Code.

Article 943 - Lifting of the ban

(1) The lifting of the judicial injunction is done with the procedure provided in this title, which is

(2) The lifting of the judicial injunction is mentioned in the decision by which the judicial
injunction was pronounced.

TITLE III: Death declaration procedure


The request to declare the death of a person is submitted to the competent court in whose
jurisdiction that person had the last known domicile.

Article 945 - Preliminary measures

(1) After notifying the court, the president will ask the mayor's office of the commune, the city,
the municipality or the sector of the Bucharest municipality, as well as the police bodies in whose
territorial radius the last known domicile of the disappeared person was, to gather information
about him.

(2) At the same time, the president will order the posting of the request at the last known address
of the deceased, at the headquarters of the town hall of the commune, city, municipality or sector
of the municipality of Bucharest Copertine Balconof&theTerasă
and at the headquarters court, as well as the publication in
a widely circulated newspaper of Customizabile: Culori,about
a announcement dimensiuni, mecanism
the opening de strângere.
of the procedure Alege Tentrom Paradise!
for the Mai multe
declaration of death, with the invitation
Tentromfor any person to communicate the data they know about
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the missing person.

(3) The president will notify the guardianship court of the last known domicile of the person
whose death is requested to be declared, in order to appoint, if necessary, a curator, under the
conditions provided by the Civil Code.

(4) If there are immovable assets in the estate of the person whose death is requested to be
declared, the president will request, ex officio, the notation of the request in the land register, as
well as its registration in the trade register, if he is a professional.


(1) After the passage of two months from the date of the publications and after receiving the
results of the research, a trial term will be set.

(2) The person whose death is requested to be declared is cited at the last known address; the
citation is published in a widely circulated newspaper. If the person in question had an attorney,
he will also be summoned to give clarifications to the court.

(3) Also, the curator will be summoned, if he was appointed.

(4) The trial will take place with the participation of the prosecutor.


(1) By the care of the court that judged the application, the device of the decision declaring final
death will be displayed for two months at the headquarters of that court and of the mayor's office
of the commune, city, municipality or sector of the municipality of Bucharest, in whose territorial
area he had the last known residence of the person declared dead, as well as at this residence.

(2) The disposition of the decision will be communicated to the guardianship court from the last
known domicile of the person declared dead, in order to appoint a curator, if necessary.

(3) Also, the device of the decision declaring death, with the mention that the decision has
remained final, will be communicated to the local community public service for records of
persons from the last known domicile of the person declared dead, in order to register the death.

(4) When appropriate, the disposition of the death declaration decision will be noted in the land
register and will be registered in the trade register, in the succession register, as well as in other
public registers.

Article 948 - Special situations

(1) The request to declare the death of a person whose life has ended is certain, but the body
cannot be found or identified, can also be submitted to the court in whose jurisdiction that person
died.

(2) The request can be submitted as soon as the fact of the death is known, based on the research
done by the competent bodies. The court may also order the administration of other evidence.
The provisions of art. 945 para. (1) and (2) and art. 946 para. (1) are not applicable.

Article 949 - Nullity of the decision

(1) The request to establish the nullity of the decision declaring death if the person is alive is
made to the court that pronounced the decision. The same will be done when the civil status
certificate is presented, which confirms the death of the person declared dead.

(2) The judgment of the request is made with the summoning of the persons who were parties to
the process of declaring the death and with the participation of the prosecutor.

(3) The device of the decision establishing the nullity of the decision, with the mention that it
remained final, is communicated to the local community public service for records of persons for
the cancellation of the registration.

Article 950 - Correction of the date of death


Mai multe
At the request of any interested person, following the procedure provided for in art. 949, the
Tentrom
court will rectify the date of death Paradise
established by the decision, if it proves that it was not possible
for the death to have occurred on that date.

Article 951 - Noting the application in the land register

When the rectification or finding of the nullity of the decision declaring death is requested and
there are immovable assets in the patrimony of the person whose death was declared, the court,
ex officio, will order the entry of the request in the land register.

TITLE IV: Insuring and provisional measures

CHAPTER I: Seizure by the insurer



The insurance seizure consists in the unavailability of traceable movable and/or immovable
assets of the debtor in his or a third party's possession for the purpose of their valorization when
the creditor of a sum of money obtains an enforceable title.

Article 953 - Conditions of establishment

(1) The creditor who does not have an enforceable title, but whose claim is ascertained in writing
and is enforceable, may request the establishment of an insurance attachment on the debtor's
movable and immovable assets, if he proves that he has filed a summons request. He can be
obliged to pay a bail in the amount fixed by the court.

(2) The creditor whose claim is not ascertained in writing has the same right, if he proves that he
has filed an action and submits, together with the request for seizure, a bond of half of the
amount claimed.

(3) The court can approve the sequestration of the insurer even when the claim is not enforceable,
in cases where the debtor reduced the insurance given to the creditor by his act or did not give the
promised insurance or when there is a danger that the debtor will evade prosecution or to hide or
squander their wealth. In these cases, the creditor must prove the fulfillment of the other
conditions stipulated in paragraph. (1) and to deposit a bond, the amount of which will be fixed
by the court.


(1) The request for seizure of insurance is addressed to the court that is competent to judge the
trial in the first instance. The creditor is not obliged to individualize the assets on which the
seizure is requested.

(2) The court will decide urgently in the council chamber, without summoning the parties, by
means of an executory decision, establishing the amount up to which the seizure is approved, at
the same time fixing, if necessary, the amount of the bond and the term within which it is to be
submitted.

(3) The conclusion by which the seizure request is resolved is communicated to the creditor
immediately by the court, and to the debtor by the bailiff, once the measure is taken. The
conclusion is only subject to appeal, within 5 days from the communication, to the hierarchically
superior court. The appeal is judged urgently and with precedence, with the summoning of the
parties in a short period of time.

(4) The provisions of art. 999 para. (4) applies both to the settlement of the request and to the
adjudication of the appeal.

Article 955 - Execution of the measure

(1) The insurance seizure measure is carried out by the bailiff, according to the rules of this code
regarding forced execution, which are applied accordingly, without asking for any authorization
Copertine
or approval in this regard. The provisions of art.Balcon
665 remain&applicable.
Terasă

Tentrom Paradise
( From 04-Feb-2016 Art. 955, paragraph (1) of book VI, title IV, chapter I, section 1 amended by
Art. I, point 19 of Emergency Ordinance 1/2016 )

(2) In the case of movable goods, the executor will move, in the shortest possible time, to the
place where the goods on which the seizure will be applied are located. The bailiff will apply the
seizure on traceable assets only to the extent necessary to realize the claim. In all cases, the
insurance seizure will be applied without summons or prior notification of the debtor.

(3) The insurance attachment established on a property subject to publicity formalities shall be
immediately registered in the land register, the trade register, the Electronic Archive of Real
Estate Guarantees or in other public registers, as the case may be. The registration makes the
seizure objectionable to all those who, after registration, will acquire any right over the respective
building.

(4) Against the way of carrying out the seizure measure, the interested party will be able to
challenge the execution.

Article 956 - De jure dissolution of the insurance seizure

Failure to deposit the bond within the term set by the court results in the de jure dissolution of
the insurer's seizure. This is determined by final conclusion, given without summoning the
parties.

Article 957 - Lifting of the insurance seizure

(1) If the debtor gives, in all cases, an insufficient guarantee, the court will be able to lift, at the
request of the debtor, the insurance seizure. The request is resolved in the council chamber,
urgently and with the short-term summons of the parties, by conclusion subject only to the
appeal, within 5 days from the pronouncement, to the hierarchically superior court. The appeal is
judged urgently and with precedence. The provisions of art. 954 para. (4) is applied accordingly.

(2) Also, if the main claim, on the basis of which the insurance measure was approved, was
canceled, rejected or lapsed by a final decision or if the person who made it waived its trial, the
debtor can request the lifting measures by the court that approved it. The court rules on the
request by final decision, given without summoning the parties. The provisions of art. 955 is

Article 958 - Capitalization of seized assets

The capitalization of the seized assets will only be possible after the creditor has obtained the writ
of execution.


In all cases where the jurisdiction of the first instance belongs to the court of appeal, the appeal is
the appeal, the provisions of art. 954 and 957 applying accordingly.

SECTION 2 - Special provisions regarding the insurance seizure of civil ships

Article 960 - The right to seize a civilian ship

The creditor may request the establishment of the insurance seizure on a ship, under the
conditions of the provisions of this section, as well as of section 1 of this chapter which is applied
accordingly, in compliance with the international conventions on the seizure of ships, to which
Romania is a party.

Article 961 - Establishment of seizure. Conditions

(1) In urgent cases, the request for the establishment of the insurance seizure on a ship can be
made even before the introduction of the substantive action. In this case, the creditor who
obtained the establishment of the insurance seizure is obliged to file the action with the
competent court or to initiate the steps for the establishment of the arbitration tribunal within a
term of no more than 20 days from the date of approval of the insurance measure.

(2) The request for seizure shall be judged urgently in the council chamber, with the summoning
of the parties. The conclusion is enforceable and is only subject to appeal, within 5 days from the
pronouncement. Copertine Balcon & Terasă

Tentromthe
(3) Failure to file the action within Paradise
term stipulated in para. (1) results in the de jure
dissolution of the insurer's seizure. This is ascertained by final conclusion, given with the
summons of the parties.


The competence to resolve the request for insurance seizure on a ship belongs to the court of the
place where the ship is located, regardless of the court where the substantive action was brought
or is to be brought.

Article 963 - Prohibition of seizure

(1) The vessel ready for departure cannot be placed under insurance seizure.

(2) The ship is considered to be ready for departure from the moment the captain has on board
the certificates, all the ship's documents, as well as the departure permit, handed over to the
captain by the port captain.

Article 964 - Travel authorization

(1) After approving the insurance seizure, at the request of the creditor who has a privilege over a
ship, a co-owner of the ship or even the debtor, the court that ordered the insurance measure can
order the ship to undertake one or more voyages, establishing in the same time all the preventive
measures that, according to the circumstances, would be necessary.


(3) The ship can leave only after the conclusion of approval has been transcribed in the registers
of the respective maritime authority and the corresponding mention has been entered in the
nationality document.

(4) The expenses necessary for the trip will be advanced by the person who requested it.

(5) The fare for the trips authorized by the court, after first deducting the expenses provided for
in para. (4) , may be added to the sale price.

Article 965 - Displacement of the seizure

(1) For well-justified reasons, at the request of the debtor or, as the case may be, of the creditor,
the court that ordered the seizure by the insurer may approve the exchange of the seized vessel
with another one.


Article 966 - Seizure of goods

The creditor of the legitimate holder of the bill of lading can proceed to seize the goods
represented in the bill of lading, located on board a ship. If the seizure of the ship is not requested
at the same time, the creditor will also have to request the unloading of the cargo.

Article 967 - Execution of seizure

(1) The insurance seizure measure is carried out by immobilizing the ship by the captaincy of the
port where it is located. In this case, the port master will not release the necessary documents for
navigation and will not allow the ship to leave the port or road.

(2) Against the way of carrying out the seizure measure, the interested party will be able to
challenge the execution at the court of the place where the ship is located.

Article 968 - Urgent measures

To ensure port traffic and civil safety during the ship's immobilization, the court referred to in
art. 962 will be able to order, through the presidential ordinance, urgent measures, the provisions
Copertine
of art. 997 and the following applying Balcon & Terasă
accordingly.

Tentrom
Article 969 - Temporarily stopping Paradise of the ship
the departure

The temporary stop of the ship's departure, in the absence of a court decision, can be ordered by
the port captain under the conditions of the special law.

CHAPTER II: Insurance attachment

Article 970 - Object of insurance attachment

The insurance lien can be established on the sums of money, securities or other traceable
intangible assets owed to the debtor by a third party or that the latter will owe him in the future
based on existing legal relationships, under the conditions established in art. 953.


(1) The settlement of the request, the execution of the measure, the abolition and lifting of the
insurance attachment will be carried out according to the provisions of art. 954-959, which apply
accordingly.

(2) In the request for bank garnishment, the creditor is not obliged to identify the garnished third
parties in respect of whom the garnishment is requested.

CHAPTER III: Judicial seizure


The judicial seizure consists in the unavailability of the assets that form the object of the litigation
or, under the law, of other assets, by entrusting their custody to an administrator-seizure
appointed according to art. 976.

Article 973 - Conditions of establishment

(1) Whenever there is a trial on property or another main real right, on the possession of a
movable or immovable property or on the use or administration of a common property, the court
will be able to approve, at the request of the interested party, the placing under judicial seizure of
the asset, if this measure is necessary to preserve the respective right.

(2) It will also be possible to approve the judicial seizure, even without a trial:

a) on an asset that the debtor offers for his release;

b) on an asset in respect of which the interested party has good reason to fear that it will be
stolen, destroyed or altered by its current owner;

c) on some movable assets that constitute the creditor's guarantee, when the creditor foresees the
insolvency of the debtor or when he has good reason to suspect that the debtor will evade the
eventual enforced pursuit or fear of evasion or damage.

(3) In the case provided for in para. (2) , the party that obtained the establishment of the judicial
seizure is obliged to file the action with the competent court, to initiate the steps for the
establishment of the arbitral tribunal or to request the execution of the writ of execution, within a
period of no more than 20 days from the date approval of the insurance measure.

(4) Failure to comply with the provisions of para. (3) results in the de jure dissolution of the
judicial seizure. This is ascertained by the final conclusion given without summoning the parties.


The application for the establishment of judicial sequestration will be addressed to the court
charged with judging the main action in the case provided for in art. 973 para. (1), respectively
the court in whose jurisdiction the property is located in the cases provided for in art. 973 para.
(2) .

Article 975 - Establishment procedure


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(1) The request for judicial seizure is judged urgently, with the summoning of the parties.
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(2) In case of admission, the court will be able to compel the plaintiff to provide a bond, the

(3) In the case of immovable property, registration in the land register will be carried out
according to art. 955 para. (3) .

(4) The conclusion is only subject to appeal, within 5 days from the pronouncement, to the
hierarchically superior court. The provisions of art. 954 para. (4) and those of art. 959 is applied
accordingly.

Article 976 - The seizure administrator

(1) The custody of the seized property will be entrusted to the person appointed by the parties by
mutual agreement, and in case of disagreement, to a person appointed by the court, who may
even be the owner of the property. For this purpose, the bailiff, notified by the interested party,
will go to the location of the asset to be seized and hand it over, based on the minutes, to the
seizure administrator. A copy of the minutes will also be submitted to the court that approved the
measure.

(2) The seizing administrator will be able to do all conservation and administration acts, collect
any income and sums owed and will be able to pay current debts, as well as those ascertained by
enforcement. Also, with the prior authorization of the court that appointed him, the seizing
administrator will be able to alienate the property if it cannot be preserved or if, for another
reason, the alienation measure is seen to be necessary and, if it was previously authorized, he will
be able to sit in court on behalf of the litigating parties regarding the seized asset.

(3) If a person other than the holder was appointed as the seizure administrator, the court will fix,
for the activity performed, an amount as remuneration, also establishing the payment methods.

Article 977 - The provisional administrator

In urgent cases, the court will be able to appoint, by final decision without summoning the
parties, a provisional administrator until the judicial seizure request is resolved.

CHAPTER IV: Provisional measures regarding intellectual property rights

Article 978 - Scope

(1) The provisions of this chapter regulate the provisional measures necessary for the defense of
intellectual property rights, regardless of their content, patrimonial or non-patrimonial, and
regardless of their source.

(2) Provisional measures necessary for the protection of other non-patrimonial rights are
provided in art. 255 of the Civil Code.

Article 979 - Provisional measures

(1) If the owner of the intellectual property right or any other person exercising the intellectual
property right with the owner's consent provides credible evidence that his intellectual property
rights are the subject of an illegal, current or imminent action and that this action risks causing
him harm difficult to repair, he can ask the court to take some provisional measures.

(2) The court may order in particular:

a) the prohibition of the violation or its provisional cessation;

b) taking the necessary measures to ensure the preservation of evidence.

(3) In the case of damages caused by means of the written or audiovisual media, the court cannot
order the provisional termination of the prejudicial action unless the damages caused to the
plaintiff are serious, if the action is not obviously justified, according to art. 75 of the Civil Code,
and if the measure taken by the court does not appear to be disproportionate in relation to the
damages caused. The provisions of art. 253 para. (2) of the Civil Code remain applicable.

(4) The court resolves the request according to the provisions regarding the presidential
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ordinance, which is applied accordingly. If the request is made before the introduction of the
substantive action, the decision by which the provisional measure was ordered will also fix the
term in which the substantive action must be introduced, under the penalty of legal termination
of that measure. The provisions of para. (6) are applicable.

(5) If the measures taken are of a nature to cause damage to the opposing party, the court may
compel the plaintiff to give a bond in the amount fixed by it, under the penalty of legal
termination of the ordered measure.

(6) The measures taken according to the provisions of para. (1) -(4) prior to the introduction of
the legal action for the defense of the violated right ceases as of right if the plaintiff has not
notified the court within the term set by it, but no later than 30 days after taking them.

(7) The plaintiff is required to repair, at the request of the interested party, the damage caused by
the provisional measures taken, if the substantive action is rejected as unfounded. However, if the
plaintiff was not at fault or had a slight fault, the court, in relation to the concrete circumstances,
can either refuse his obligation to the compensations requested by the opposing party, or order
their reduction.

(8) If the opposing party does not request damages, the court will order the release of the bond, at
the request of the plaintiff, by a decision issued with the summons of the parties. The request is
judged according to the provisions regarding the presidential ordinance, which are applied
accordingly. If the defendant opposes the release of the bail, the court will set a deadline for the
introduction of the substantive action, which cannot be longer than 30 days from the date of the
judgment, under the penalty of legal termination of the measure of dispossession of the amount
submitted as a guarantee.

TITLE V: Judicial division procedure


The judgment of any request for sharing regarding assets over which the parties have a common
property right is made according to the procedure provided in this title, except for cases where
the law provides for another procedure.


The plaintiff is obliged to show in the application, in addition to the mentions provided in art.
194, the persons between whom the division is to take place, the title on the basis of which it is
requested, all the goods subject to division, their value, the place where they are located, as well
as the person who owns or administers them.

Article 982 - Declarations of the parties

At the first court term, if the parties are present, the court will take their statement regarding
each of the assets subject to division and will take note, when necessary, of their
acknowledgments and agreement regarding the existence of the assets, their location and value
them.

Article 983 - The active role of the court. The understandings between the parties

(1) Throughout the process, the court will insist that the parties divide the assets by mutual
agreement.

(2) If the parties reach an agreement regarding the division of assets, the court will decide
according to their agreement. The division can be done by consent and if among the interested
parties there are minors, persons placed under judicial interdiction or disappeared, but only with
the prior approval of the guardianship court, as well as, if necessary, of the legal representative or
guardian.

(3) If the agreement concerns only the sharing of certain assets, the court will take note of this
agreement and issue a partial decision, continuing the process for the other assets.

(4) The provisions of art. 438-441 are applicable.

Article 984 - Judicial division Copertine Balcon & Terasă

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(1) If the parties do not reach an agreement or do not conclude a transaction according to what is
shown in art. 983, the court willTentrom Paradise
establish the assets subject to division, the status of co-owner,
the share due to each and the claims arising from the state of common ownership that the co-
owners have against each other. If an inheritance is divided, the court will also establish the debts
transmitted by inheritance, the debts and claims of the co-heirs towards the deceased, as well as
the duties of the inheritance.

(2) The court will make the division in kind. On the basis of those established according to para.
(1) , it proceeds with the formation of lots and their allocation. If the lots are not equal in value,
they are settled by a sum of money.

Article 985 - Conclusion of admission in principle

(1) If for the formation of the lots, measuring operations, evaluation and the like are necessary,
for which the court does not have sufficient data, it will issue a conclusion by which it will
establish the elements provided for in art. 984, drawing up the minutes accordingly.

(2) If, under the conditions of the law, other requests have been made in connection with the
sharing and whose solution depends on its implementation, such as the request for the reduction
of excessive liberalities, the request for a report of donations and the like, through the conclusion
shown at para. (1) the court will rule on these requests as well.

(3) By the same conclusion, the court will order the performance of an expertise for the formation
of batches. The expert report will show the value of the goods and the criteria taken into account
when establishing this value, it will indicate whether the goods are easily divisible in kind and in
what way, proposing, at the request of the court, the lots to be assigned.

Article 986 - Conclusion of additional admission in principle

In the event that, after pronouncing the conclusion provided for in art. 985, but before the
pronouncement of the partition decision, it is found that there are other co-owners or that some
assets that had to be divided were omitted, without a contradictory debate having taken place
regarding these co-owners or those assets, the court will could give, with the summons of the
parties, a new conclusion, which will include, as the case may be, the co-owners or the omitted
assets. Under the same conditions, the court can, with the consent of all co-owners, eliminate an
asset that was mistakenly included in the distribution table.

Article 987 - Appeals against certain terminations

The conclusions provided for in art. 985 para. (1) and art. 986 can only be appealed with the
merits.

Article 988 - Criteria for sharing

When forming and assigning the lots, the court will take into account, as the case may be, the
agreement of the parties, the size of the share that belongs to each of the assets to be divided, the
nature of the assets, the domicile and occupation of the parties, the fact that some of the co-
owners, before sharing is requested, they have made constructions or improvements with the
consent of the other co-owners or similar.

Article 989 - Provisional assignment

(1) In the event that the in-kind division of an asset is not possible or would cause a significant
decrease in its value or would adversely modify its economic destination, at the request of one of
the co-owners, the court, by closing, may provisionally assign the whole good. If several co-
owners request that the property be attributed to them, the court will take into account the
criteria provided in art. 988. By concluding, it will also establish the term in which the co-owner
to whom the property has been provisionally assigned is obliged to record the amounts
corresponding to the share-parts due to the other co-owners.

(2) If the co-owner to whom the property was provisionally assigned records, within the
established term, the amounts due to the other co-owners, the court, by ruling on the merits of
the case, will assign the property to him.

(3) If the co-owner does not record the sums due to the other co-owners within the deadline, the
court will be able to assign the asset to another co-owner, under the conditions of this article.

Article 990 - Definitive assignment


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At the request of one of the co-owners, the court, taking into account the circumstances of the
case, for valid reasons, will be Tentrom Paradise
able to assign the property to him directly by deciding on the
merits of the case, at the same time establishing the amounts due to the other co-owners and the
term in which he is obliged to pay them.

Article 991 - Sale of the property

(1) In the event that none of the co-owners requests the assignment of the asset or, although it
was provisionally assigned, the sums due to the other co-owners were not recorded, within the
established term, the court, by closing, will order the sale of the asset, establishing at the same
time if the sale will be made by the parties by good will or by the bailiff.

(2) If the parties agree that the sale will be done by good will, the court will also establish the term
when it will be carried out. The term cannot be longer than 3 months, unless the parties agree to
its increase.

(3) In the event that any of the parties did not agree to the sale by good will or if this sale was not
carried out within the term established according to par. (2) , the court, by concluding the
summoning of the parties, will order that the sale be carried out by the bailiff.

(4) The decisions provided in this article can be challenged separately only by appeal, within 15
days from the pronouncement. If they were not attacked in this way, these conclusions can no
longer be subject to appeal together with the decision on the merits of the trial.

Article 992 - Auction sale procedure

(1) After the final conclusion by which the sale of the asset was ordered by a bailiff, he will
proceed with the sale at public auction.

(2) The executor will fix the auction term, which cannot exceed 30 days for movable goods and 60
days for immovable goods, counted from the date of receipt of the closing, and will notify the co-
owners about the date, time and place of the sale.

(3) For the term of the auction of movable goods, the executor will draw up and display the sale
publication, at least 5 days before that term.

(4) In the case of the sale of real estate, the executor will draw up and display the sale publication
at least 30 days before the auction deadline.

(5) The co-owners can agree that the sale of the goods will be done at any price offered by the
participants in the auction. Also, they can agree that the sale will not be made below a certain
price.

(6) The provisions of this article are complemented accordingly with the provisions of this code
regarding the sale at auction of movable and immovable property provided for in the matter of
enforced execution.

Article 993 - Goods not subject to sale

At the request of one of the parties, the court can proceed to the distribution of the assets for
which it has not ordered the sale according to art. 991.

Article 994 - Settlement of the request for sharing

(1) In all cases, the court will issue a decision on the request for sharing.

(2) The sums deposited by one of the co-owners for the others, as well as those resulting from the
sale, will be divided by the court according to the right of each co-owner.

(3) If the division cannot be carried out in any of the ways provided by law, the court will decide
to close the file. If a new request for sharing is introduced, the admission decisions in principle
provided for in art. 985 and 986 do not have res judicata authority.

Article 995 - The partition decision

(1) The partition decision has constitutive

Copertine effect.Balcon & Terasă

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(2) Once it remains final, the partition decision constitutes an executory title and can be enforced
even if the actual handover of theTentrom Paradise
asset was not requested or the court did not expressly order this
handover.

(3) The partition decision is only subject to appeal. However, if the division was requested
incidentally, the decision is subject to the same appeals as the decision given on the main request.
The deadline for exercising the right of appeal is the same, even if only the solution given on the
division is challenged. The application of the criteria provided for in art. 988 cannot be censured
through appeal.

(4) Execution regarding the divided assets can be requested within the 10-year limitation period

Article 996 - The claim of assigned assets

(1) If the parties expressly declare that they do not request the delivery of the assets, the partition
decision is not subject to forced execution.

(2) In order to take possession of the assets assigned and whose delivery was refused by the other
co-owners, the interested party will have to exercise the claim action.

TITLE VI: Presidential ordinance procedure


(1) The court, establishing that there is an appearance of right in favor of the plaintiff, will be able
to order provisional measures in urgent cases, to preserve a right that would be damaged by
delay, to prevent an imminent damage and that would not be could repair, as well as for the
removal of obstacles that would arise in the event of an execution.

(2) The ordinance is provisional and enforceable. If the decision does not include any mention
regarding its duration and the factual circumstances considered have not changed, the measures
ordered will produce effects until the resolution of the dispute on the merits.

(3) At the plaintiff's request, the court may decide that the execution be carried out without a
summons or without passing a deadline.

(4) The order may be issued even when the trial on the merits is in progress.

(5) By means of a presidential ordinance, no measures can be ordered to resolve the dispute in
substance, nor measures whose execution would make it possible to restore the factual situation.


The request for a presidential ordinance will be submitted to the court competent to rule in the
first instance on the merits of the right.


(1) In order to judge the request, the parties will be summoned according to the rules regarding
the summons in urgent processes, and the defendant will be notified of a copy of the request and
of the accompanying documents. Attendance is not mandatory.

(2) The order may be given without summoning the parties. In case of special urgency, the
ordinance may be issued on the same day, the court ruling on the requested measure based on
the request and the submitted documents, without the parties' conclusions.

(3) The judgment is made urgently and with caution, evidence that requires a long time to be
administered is not admissible. The provisions regarding the investigation of the process are not
applicable.

(4) The pronouncement can be postponed by no more than 24 hours, and the justification of the
ordinance is made no later than 48 hours after the pronouncement.

Article 1000 - Appeal Copertine Balcon & Terasă

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(1) If special laws do not provide otherwise, the ordinance is only subject to appeal within 5 days
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of the pronouncement, if the parties Paradise
were summoned, and of communication, if they were not
summoned.

(2) The appellate court can suspend execution until the appeal is judged, but only with the
payment of a bond, the amount of which will be determined by it.

(3) The appeal shall be judged urgently and with precedence, with the summoning of the parties.
The provisions of art. 999 para. (4) are applicable.

(4) In all cases where the jurisdiction of the first instance belongs to the court of appeal, the
appeal is the appeal, the provisions of par. (1) -(3) applying accordingly.

(5) An appeal may be made against the execution of the presidential ordinance.

Article 1001 - Transformation of the request

At the request of the plaintiff, until the closing of the debates at the first instance, the request for
a presidential ordinance may be transformed into a common law request, in which case the
defendant will be notified and expressly cited with this mention.

Article 1002 - The res judicata authority

(1) The presidential ordinance has the authority of a res judicata against another request for a
presidential ordinance, only if the factual circumstances that justified it have not changed.

(2) The presidential ordinance does not have res judicata authority over the request regarding the
substance of the right.

(3) The decision given on the substance of the right has res judicata authority on a subsequent
request for a presidential ordinance.

TITLE VII: Claims of the possessor


The owner's requests are admissible only in the cases and conditions stipulated by the Civil Code.

Article 1004 - Judgment and appeals

(1) The claims of the possessor are judged urgently and with precedence.

(2) The counterclaim and any other requests requesting the protection of a right in relation to the
property in dispute are inadmissible.

(3) The decision given on the owner's request is only subject to appeal.

Article 1005 - Authority of res judicata

(1) The court decision by which a possession claim was resolved has the authority of res judicata
in a subsequent possession claim brought between the same parties and based on the same facts.
However, it does not have such authority in a subsequent request regarding the substance of the
right.

(2) The judicial decision by which an action concerning the substance of the right was resolved
has the authority of a res judicata in a subsequent claim for possession in connection with the
same asset.

TITLE VIII: Payment offer and registration procedure

Article 1006 - Scope

When the creditor refuses to receive payment from the debtor, the latter is entitled to make the
real offer and record what he owes.

Article 1007 - The real offer procedure
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(1) For the purpose provided for in art. 1. 006, the debtor will issue a summons to the creditor,
through the mediation of a bailiff from the jurisdiction of the court of appeal where the creditor's
domicile or headquarters or his chosen domicile is located, by which he is invited to receive the
owed benefit.

(2) In that summons, the place, date and time when the offered amount or object is to be handed
over to the creditor will be indicated.

Article 1008 - Acceptance of the real offer

If the creditor receives the amount or the good offered, the debtor is released from his obligation.
The bailiff will draw up a report confirming the acceptance of the real offer.

Article 1009 - Registration of the amount or the asset

(1) If the creditor does not show up or refuses to receive the amount or object offered, the bailiff
will conclude a report in which he will record these circumstances.

(2) In the case provided for in para. (1), the debtor, in order to get rid of the debt, will be able to
register the amount or the good offered at CEC Bank - SA or at any other credit institution or, as
the case may be, at a specialized unit, and the registration receipt will be submitted to the bailiff
who sent the summons. The procedure for recording the sums of money is mandatory for the unit
to which the recording is to be made and cannot be conditioned by the existence of the creditor's
agreement. The registration of goods is done under the conditions provided by law.

(3) The recording will be preceded by a new summons addressed to the creditor in which the day
and time will be shown, as well as the place where the amount or, as the case may be, the good
offered will be deposited.

Article 1010 - Cancellation of the real offer, followed by registration

(1) After recording, the bailiff will ascertain, through a conclusion given without summoning the
parties, that the payment has been made and the debtor released. The conclusion is
communicated to the creditor within 5 days of its preparation.

(2) Within 15 days from the communication of the conclusion provided for in par. (1), the creditor
will be able to request its cancellation for non-compliance with the conditions of validity,
substance and form of the payment offer and the recording, at the court in whose jurisdiction the
recording was made. The decision can only be challenged by appeal, within 10 days of
communication.

(3) The debtor is considered released on the date of recording the payment, unless the payment
offer and the recording are cancelled.

Article 1011 - Offer to pay before the court

(1) The payment offer can be made during the trial, before any court, at any stage of the trial. In
this case, by closing, the creditor is delayed in receiving the amount or, as the case may be, the
asset. If the creditor is present and receives the due benefit, the release of the debtor will be
established by closing.

(2) In case the creditor is absent or refuses to receive the benefit, the debtor will proceed to
recording according to the provisions of art. 1. 009 para. (2) , and the recording receipt will be
made available to the court, which, by closing, will state the release of the debtor.

(3) The closings provided for in para. (1) and (2) are challenged only together with the merits,
with the exception of those given in the appeal, which are final.

Article 1012 - Cancellation of mortgages

Based on the minutes drawn up under the conditions of art. 1. 008 times of the conclusion issued
under the conditions of art. 1. 010 or 1. 011, the interested party will be able to request the
deletion from the land register or other public registers of the mortgage rights established in
order to guarantee the extinguished claim under the conditions of this title.

Article 1013 - Incidence of the provisions of the Civil Code Mai multe

Tentrom Paradise
The provisions of this title are supplemented with the provisions of the Civil Code regarding
payment, as well as with those regarding payment offers and records.

TITLE IX: Payment order procedure


(1) The provisions of this title apply to certain, liquid and enforceable claims consisting of
obligations to pay sums of money resulting from a civil contract, including those concluded
between a professional and a contracting authority, ascertained through a written or determined
according to a written statute, regulation or other, agreed upon by the parties by signature or
otherwise permitted by law.

(2) The scope of application of this title does not include claims entered in the credit table in the
framework of an insolvency procedure.

(3) By the contracting authority, in the sense of para. (1) , it is understood:

a) any public authority of the Romanian state or of a member state of the European Union, acting
at the central, regional or local level;

b) any body under public law, other than those provided for in letter a), with legal personality,
which was established to satisfy needs of general interest, without profit, and which is in at least
one of the following situations:

(i) is financed, in the majority, by a contracting authority, as defined in letter a)

(ii) is subordinate to or subject to the control of a contracting authority, as defined in letter a)

(iii) in the composition of the board of administration or, as the case may be, of the supervisory
board and the directorate, more than half of the number of members are appointed by a
contracting authority, as defined in letter a)

c) any association formed by one or more contracting authorities from those provided for in letter
a) or b).

Article 1015 - Communication of the summons

(1) The creditor will communicate to the debtor, through the bailiff or by registered letter, with
declared content and confirmation of receipt, a summons, by which he will remind him to pay the
amount owed within 15 days from its receipt.

(2) This summons interrupts the statute of limitations according to the provisions of art. 2. 540 of
the Civil Code, which is applied accordingly.


If the debtor does not pay within the term stipulated in art. 1. 015 para. (1) , the creditor can
submit the application regarding the payment order to the competent court for judging the merits
of the case in the first instance.


(1) The request regarding the payment order will include:

a) the name and surname, as well as the domicile or, as the case may be, the name and
headquarters of the creditor;

b) the name and surname, the personal numerical code, if known, and the residence of the
debtor, a natural person, and in the case of the debtor, a legal person, the name and
headquarters, as well as, as the case may be, if known, the unique registration code or the fiscal
identification code , registration number in the trade register or registration in the register of
legal entities and bank account;

c) the amount that represents the object of the claim, the factual and legal basis of the obligation
to pay, the period to which theyTentrom Paradise
refer, the term by which the payment had to be made and any
element necessary to determine the debt;

d) the amount representing the related interests or other compensation due to the creditor,
according to the law;

e) signature of the creditor.

(2) Letters certifying the amount of the amount owed and any other documents proving it shall be
attached to the application. Proof of communication of the summons provided for in art. 1. 015
para. (1) shall be attached to the request under penalty of its rejection as inadmissible.

(3) The request and the documents attached to it are submitted in duplicate in as many copies as
there are parts, plus one for the court.

Article 1018 - Determination of interest

(1) If the parties have not established the level of interest for late payment, the penal legal interest
will be applied, calculated according to the legal provisions in force. The legal interest reference
rate in force on the first calendar day of the semester is applied for the entire semester.

(2) The creditor can claim additional damages-interest for all the expenses incurred for the
recovery of the amounts as a result of the debtor's non-execution of the obligations on time.

Article 1019 - Citing the parties. Welcoming

(1) In order to resolve the claim, the judge orders the summoning of the parties, according to the
provisions related to urgent reasons, for explanations and clarifications, as well as to insist on the
payment of the amount owed by the debtor or to reach an agreement between the parties on the
payment methods . The subpoena will be handed to the party 10 days before the trial date.

(2) A copy of the creditor's request and the documents submitted by him to prove the claims shall
be attached to the subpoena for the debtor.

(3) In the summons, it will be specified that the debtor is obliged to submit an appearance at least
3 days before the trial term, noting that, in case of non-appearance, the court, considering the
circumstances of the case, may consider this as an acknowledgment of the creditor's claims.

(4) The appearance is not communicated to the plaintiff, who will learn about its content from
the case file.

Article 1020 - Declarations of the parties. Termination of litigation

(1) If the creditor declares that he has received the payment of the owed amount, the court takes
note of this circumstance through a definitive conclusion, ordering the file to be closed.

(2) When the creditor and the debtor reach an agreement on the payment, the court takes note of
this, pronouncing an expedient decision, according to art. 438.

(3) The expedient decision is final and constitutes an enforceable title.

Article 1021 - Challenging the claim

(1) If the debtor contests the claim, the court checks whether the contestation is well-founded,
based on the documents in the file and the explanations and clarifications of the parties. If the
debtor's defense is justified, the court will reject the creditor's request by closing.

(2) If the substantive defenses formulated by the debtor presuppose the administration of
evidence other than those provided for in para. (1) , and these would be admissible, according to
the law, in the common law procedure, the court will reject the creditor's request regarding the
payment order by closing.

(3) In the cases provided for in para. (1) and (2), the creditor can submit a summons request
according to common law.

Article 1022 - Issuance of the ordinance
Tentrom Paradise

(1) If the court, as a result of verifying the request based on the documents submitted, as well as
the declarations of the parties, finds that the creditor's claims are well-founded, it will issue a
payment order, specifying the amount and the payment term.

(2) If the court, examining the evidence of the case, finds that only part of the creditor's claims
are justified, it will issue the payment order only for this part, establishing the payment deadline.
In this case, the creditor can file a summons request according to common law to obtain the
obligation of the debtor to pay the rest of the debt.

(3) The payment term stipulated in para. (1) and (2) will not be less than 10 days nor will it
exceed 30 days from the date of communication of the ordinance. The judge will not be able to set
another payment term, unless the parties agree on this.

(4) In the case of claims representing obligations to pay the shares of common expenses vis-à-vis
the owners' associations, as well as the maintenance expenses due to natural persons
corresponding to the residential areas they use as homes, the court, at the request of the debtor,
may, with the exception of the provisions of para. (3) , to order the establishment of a longer
payment term or the staggered payment, taking into account the fundamental reasons invoked by
the debtor regarding the actual possibilities of payment.

(5) The ordinance will be handed to the present party or communicated to each party
immediately, according to the law.

Article 1023 - Duration of the procedure

(1) If the debtor does not dispute the claim by presentation, the payment order will be issued
within no more than 45 days from the introduction of the request.

(2) It does not enter into the calculation of the term stipulated in para. (1) the period required for
the communication of the procedural documents and the delay caused by the creditor, including
as a result of the modification or completion of the application.

Article 1024 - Application for annulment

(1) Against the payment order provided in art. 1. 022 para. (1) and (2) the debtor can apply for
cancellation within 10 days from the date of delivery or communication thereof.

(2) The request for annulment can be introduced by the creditor against the closings provided for
in art. 1. 021 para. (1) and (2), as well as against the payment order provided in art. 1. 022 para.
(2) , within the term stipulated in par. (1) .

(3) Through the request for annulment, only non-compliance with the requirements stipulated by
this title for the issuance of the payment order can be invoked, as well as, if necessary, causes for
extinguishing the obligation following the issuance of the payment order. The provisions of art. 1.
021 applies accordingly.

(4) The annulment request is resolved by the court that issued the payment order, in full form of
2 judges.

(5) The cancellation request does not suspend the execution. However, the suspension may be
approved, at the debtor's request, only with the provision of a bond, the amount of which will be
fixed by the court.

(6) If the vested court admits, in whole or in part, the request for annulment, it will annul the
order, in whole or, as the case may be, in part, pronouncing a final decision. The provisions of art.
1. 021 para. (3) and of art. 1. 022 para. (2) is applied accordingly.

(7) In the cases provided for in para. (2) , if the vested court admits the annulment request, it will
pronounce a final decision by which it will issue the payment order, the provisions of art. 1. 022
applying accordingly.

(8) The decision by which the annulment request was rejected is final.

Article 1025 - Enforcement title

(1) The payment order is enforceable, even if it is challenged with a request for annulment and Mai multe
has the authority of a provisional res judicata until the resolution of the request for annulment.
The payment order becomes final Tentrom
as aParadise
result of not submitting or rejecting the request for
cancellation. The provisions of art. 637 remain applicable.

(2) Against the enforced execution of the payment order, the interested party can contest the
execution, according to common law. In the appeal, only irregularities regarding the execution
procedure can be invoked, as well as causes for extinguishing the obligation arising after the
payment order remains final.

TITLE X: Procedure regarding low value claims


(1) This title applies when the value of the request, without taking into account interest, court
costs and other ancillary income, does not exceed the amount of 10,000 lei on the date of
notification to the court.

(2) This title does not apply to fiscal, customs or administrative matters, nor to the responsibility
of the state for acts or omissions in the exercise of public authority.

(3) Also, this procedure does not apply to requests related to:

a) civil status or capacity of natural persons;

b) patrimonial rights born from family relationships;

c) inheritance;

d) insolvency, preventive arrangement, procedures regarding the liquidation of insolvent

companies and other legal entities or other similar procedures;

e) social insurance;

f) labor law;

g) renting of immovable property, with the exception of actions regarding claims having as object
the payment of a sum of money;

h) arbitration;

i) encroachments on the right to private life or other rights concerning the personality.

Article 1027 - Alternative character

(1) The plaintiff has the choice between the special procedure regulated by this title and the
common law procedure.

(2) If he notified the court with a request drawn up according to art. 194, this will be resolved
according to the common law procedure, with the exception of the case where the plaintiff, at the
latest at the first trial term, expressly requests the application of the special procedure.

(3) When the claim cannot be settled according to the provisions of this title, the court informs
the claimant accordingly, and if the claimant does not withdraw his claim, it will be judged
according to common law.


(1) The jurisdiction to resolve the claim in the first instance belongs to the court.

(2) Territorial competence is established according to common law.

Article 1029 - Initiation of the procedure

(1) The claimant initiates the procedure regarding

Copertine low-value
Balcon &claims
Terasăby completing the claim form
and submitting or sending it to the competent court, by post or by any other means that ensures
the submission of the form and confirmation ofCulori, dimensiuni, mecanism de strângere. Alege Tentrom Paradise!
its receipt.

Tentrom Paradise
(2) The application form is approved by order of the Minister of Justice and contains headings
that allow the parties to be identified, the value of the claim, the indication of evidence and other
elements necessary to resolve the case.

(3) Along with the application form, copies of the documents that the applicant agrees to use are
also submitted or sent.

(4) If the information provided by the applicant is not clear enough or is inadequate or the
application form has not been filled in correctly, the court will give the applicant the opportunity
to complete or correct the form or to provide additional information or documents. The court will
use a standard form for this purpose, which will be approved by order of the Minister of Justice.

(5) If the applicant does not complete or correct the application form within the term set by the
court, the application will be cancelled.

Article 1030 - Proceedings of the procedure

(1) The procedure regarding low-value requests is written and takes place in its entirety in the
council chamber.

(2) The court may order the appearance of the parties, if it deems this fact to be necessary or at
the request of one of the parties. The court can refuse such a request if it considers that, taking
into account the circumstances of the case, oral debates are not necessary. The refusal is
motivated in writing and cannot be challenged separately.

(3) After receiving the correctly completed application form, the court will immediately send the
response form to the defendant, accompanied by a copy of the application form and copies of the
documents submitted by the applicant.

(4) Within 30 days from the communication of the documents provided for in para. (3), the
defendant will submit or send the duly completed response form, as well as copies of the
documents he agrees to use. The defendant may respond by any other appropriate means,
without using the response form.

(5) The court will immediately communicate to the plaintiff copies of the defendant's answer, the
counterclaim, if applicable, as well as of the documents submitted by the defendant.

(6) If the defendant has filed a counterclaim, the plaintiff, within 30 days of its communication,
will submit or send the duly completed response form or will respond by any other means.

(7) The counterclaim that cannot be resolved within the present procedure because the
requirements stipulated in art. 1. 026 will be severed and judged according to common law.

(8) The court may request the parties to provide more information within the term it will
establish for this purpose, which cannot exceed 30 days from the receipt of the defendant's or, as
the case may be, the plaintiff's response.

(9) The court may approve other evidence besides the documents submitted by the parties.
However, those evidences whose administration requires expenses disproportionate to the value
of the subpoena or counterclaim will not be accepted.

(10) If the court has set a deadline for the appearance of the parties, they must be cited.

(11) Whenever the court sets a deadline for the fulfillment of a procedural act, it will notify the
interested party of the consequences of non-compliance.


(1) The court will pronounce and draft the decision within 30 days of receiving all the necessary
information or, as the case may be, of the oral debate.

(2) If no response is received from the interested party within the term established in art. 1. 030
para. (4), (6) or (8), the court will rule on the main claim or the counterclaim in relation to the
documents on file. Copertine Balcon & Terasă

(3) The decision of the first courtTentrom

is legallyParadise
enforceable.

Article 1032 - Court costs

(1) The party that falls in the claims will be obliged, at the request of the other party, to pay the
court costs.

(2) However, the court will not grant the party that won the lawsuit the expenses that were not
necessary or that had a disproportionate value in relation to the value of the claim.


(1) The court's decision is only subject to an appeal to the court, within 30 days of
communication.

(2) For well-grounded reasons, the court of appeal can suspend enforcement, but only if a deposit
of 10% of the disputed value is recorded.

(3) The decision of the court of appeal is communicated to the parties and is final.

TITLE XI: Evacuation from buildings used or occupied without right



(1) The provisions of this title apply in disputes regarding eviction from buildings used or, as the
case may be, illegally occupied by former tenants or other persons.

(2) For the purposes of this title, the terms below have the following meaning:

a) location - any written or verbal location, including subletting;

b) lessee - the main lessee, renter or lessee, sublessee or an assignee of the lessee, regardless of
whether the person requesting the eviction is the lessor or the sublessee or the acquirer of the
building;

c) lessor - the main lessor, sublessor, transferee and acquirer of the building;

d) real estate - construction, land with or without constructions, together with their accessories;

e) the occupant - any person, other than the owner or lessee, who actually occupies the building
with or without the permission or consent of the owner;

f) owner - the owner of the property right over the building, including the lessee.

Article 1035 - The optional nature of the procedure

(1) The plaintiff has the choice between the procedure regulated by this title and the common law
procedure.

(2) Likewise, the provisions of this title do not affect the lessor's or owner's rights to the payment
of rent or lease, to the payment of compensation or other rights arising under the contract or the
law, as the case may be.

(3) In the case indicated in para. (2) , for the realization of the rights and the fulfillment of the
obligations arising from the contract, as well as those stipulated by the legal provisions applicable
in the matter, the interested party, subject to the application of the provisions of art. 1. 042 para.
(4) , will be able to proceed, as the case may be, according to the provisions regarding the
payment order or those regarding the settlement of low-value claims or the referral to the
competent court, under the conditions of common law.

Article 1036 - Competent courtCopertine Balcon & Terasă

Mai multe
Requests made under this title are under the jurisdiction of the court in whose jurisdiction the
property occupied without rightTentrom Paradise
or, as the case may be, rented or leased, is located, even if the
tenant has left the property or the contract has terminated.

Article 1037 - Summons and communication of procedural documents

(1) The lessee and the occupant of the building are considered to have their mandatory domicile
at the building they occupy without any right.

(2) If the building is closed, all notifications, subpoenas and other procedural documents issued
according to the provisions of this title will be displayed at the door of the building.

Article 1038 - Termination of the lease. Notice to the lessee

(1) When the lessee's right to use a building is extinguished as a result of the termination of the
lease by the expiration of the term, by the action of the lessor, by non-payment of rent or lease, as
well as for any other reason and the lessor wishes to take possession of the building, he will notify
the tenant, in writing, through the judicial executor, with the intention of vacating and freely
handing over the building, within no more than 30 days from the date of communication of the
notification.

(2) If the lease is for an indefinite period, the notice required by law for the termination of the
contract will also be considered a notice of eviction of the building, under the conditions of this
article.

(3) When the lease is for a fixed period, the notice of eviction of the building must be given at
least 30 days before the expiration of the term, if the law does not provide otherwise.

(4) The lessee may waive the notification provided for in this article by means of a written act
including the recognition of the lessor's right to immediately resort to the procedure provided for
in ch. II of this title, if the lease ends for any reason, and the tenant's right is considered
extinguished.

Article 1039 - Notification of the occupant

When the owner of a building wants to evict its occupant, after the right to occupy the building
has ceased, the owner will notify the occupant in writing, giving him the opportunity to vacate the
building he is occupying without any right, within 5 days from the communication of the
notification.

CHAPTER II: Evacuation procedure

Article 1040 - Voluntary evacuation

(1) If the lessee or the occupant who was notified under the conditions of this title has left the
building, the lessor or the owner can take possession of it, by right, without any judicial eviction
procedure. Otherwise, the provisions of this chapter apply.

(2) It is assumed that the building is abandoned in case of cessation of economic activity or
cessation of use of the building by the tenant or occupant or by the persons under their control, as
well as in the case of returning the keys to the building, picking up equipment, goods or other
movable property from the building.

Article 1041 - Referral to the court

If the lessee or occupant notified under the conditions of this title refuses to evacuate the building
or if the lessee waived his right to be notified and lost, for any reason, the right to use the
building, the lessor or the owner will request the court to order, by decision enforceable, the
immediate eviction of the tenant or occupant from the building, for lack of title.

Article 1042 - Judicial procedure. The way of attack

(1) The eviction request is judged by summoning the parties, except in the case where the eviction
of the building for non-payment of rent or lease is requested based on a contract that constitutes,
for their payment, an enforceableCopertine
title, accordingBalcon
to the law.& Terasă

Tentrom
(2) The eviction request is judged Paradise
urgently, in the council chamber, with summary debates, if the
parties have been summoned.

(3) Attendance is not mandatory.

(4) If the payment of the rent or the due rent was also requested, the court, with the summons of
the parties, will be able to order the eviction and oblige the defendant to pay them, including the
amounts that became due during the trial.

(5) The eviction decision is enforceable and can only be challenged by appeal within 5 days from
the pronouncement, if the parties were summoned, or from communication, when they were not
summoned.

Article 1043 - Defendant's defenses in the case of trial by summons

(1) The defendant summoned to court, according to the procedure provided in this title, cannot
formulate a counterclaim, to summon another person to court or as a guarantee, his claims will
be capitalized only in a separate way.

(2) The defendant may invoke substantive defenses regarding the validity of the factual and legal
grounds of the request, including the lack of the plaintiff's title.

Article 1044 - Appeal to execution

Against the execution of the eviction decision, those interested can appeal the execution, under
the conditions of the law.


(1) The execution of the eviction decision cannot be suspended. However, in the case of eviction
for non-payment of rent or lease, the execution of the decision may be ordered to be suspended in
the context of the enforcement challenge or the appeal exercised by the defendant only if he
records in cash, at the creditor's disposal, the rent or lease for which it was obligee, the amount
established to ensure the rent or lease installments owed up to the date of the suspension request,
as well as the one related to the rent or lease installments that would become due during the
judgment of the trial.

(2) The suspension ceases by law if, at the expiration of the term for which the rent or lease was
thus covered, the debtor does not demand and does not deposit the amount that will be fixed by
the enforcement court to cover new installments, under the conditions provided in paragraph (1)
.

CHAPTER III: Special provisions

Article 1046 - Cessation of abuse of use

(1) If the lessee, failing to comply with his obligations regarding the normal, prudent and diligent
use of the rented or leased property, uses the property for a purpose other than that provided for
in the contract, modifies the structure established by construction, damages it or commits any
other abuses of use, he will be able to be forced, by presidential decree, with the summons of the
parties, to stop these abuses and to restore the previous situation.

(2) The provisions of para. (1) is also applied appropriately for the resolution of the request
regarding the cessation of any abuses committed by the owner that prejudices the normal use of
the parts or installations under common ownership in buildings with several floors or apartments
or that disturbs good coexistence in that building.

Article 1047 - Making repairs. Restriction of use. eviction

By presidential decree, dated with the summons of the parties, the lessee or, when appropriate,
the sub-lessee can be obliged to carry out the necessary repairs that belong to him according to
the law, as well as to restrict the use of the rented space or even to evacuate from this space if
these measures are justified for carrying out the repairs or works provided by law under the
charge of the lessor.

Article 1048 - Examination of the building


Mai multe
The provisions of art. 1. 047 also applies in the case of obliging the tenant or, as the case may be,
the sub-tenant to allow, under theTentrom Paradise
terms of the law, the examination of the leased property.

Article 1049 - Requests of owners' associations

The provisions of art. 1. 046 is also applied appropriately for the settlement of the claim made by
an association of owners against the owners, its members, in the event that the non-performance
of the repairs that are the responsibility of each owner or the repairs or any work on the parts or
installations located in their co-ownership or in the spaces under exclusive ownership, it affects
the normal use of the common parts or other residential spaces in the building, as well as the
safety of living in that building.

TITLE XII: The procedure regarding the registration of rights acquired on the basis of usufruct


( From January 7, 2016, Art. 1050 of book VI, title XII, see appeal in the interest of the law,
Decision 19/2015 )

The provisions of this title are applicable to any application for registration in the land register of
real real estate rights acquired on the basis of usufruct.

Article 1051 - Competent court. Content of the request

Decision 19/2015 )

(1) The usufruct application is submitted to the court in whose jurisdiction the building is located.

(2) In the application for registration, the claimant will indicate the date from which he possessed
the property under the owner's name, the basis of the usufruct, whether or not the owned
property is registered in the land register, as well as the name or designation of the old owner or
his successor, if he know.

(3) The following shall be attached to the application:

a) a certificate issued by the local community public service for records of persons, which certifies
that the holder of the right entered in the land register is deceased, as well as the date of death or,
as the case may be, a certificate issued by the competent authority, which certifies the fact that
the legal entity holder the right entered in the land register has ceased to exist;

b) a certificate issued by the chamber of notaries public, from which it can be seen whether the
inheritance of the owner registered in the land register was disputed or not, and if so, who are the
persons who collected the respective inheritance;

c) a certificate issued by the municipality in whose territorial radius the building is located, from
which it can be concluded that it is not part of the public domain of the state or of the
administrative-territorial unit;

d) the fiscal role certificate, when applicable;

e) the notary record of the legal document on which the applicant established his possession,
when applicable;

f) the cadastral technical documentation of the building, made, at the expense of the interested
party, by an authorized natural or legal person, according to the law;

g) the extract from the land register for information, showing the owner registered in the land
register or the registration of the declaration of relinquishment of ownership, as well as whether
or not the property is encumbered with encumbrances, issued by the territorial office of cadastre
and real estate advertising; if the building is not registered in the land register for the benefit of
another person and not encumbered with encumbrances, a certificate issued by the same office,
attesting to this fact, including the fact that a cadastral number has not been allocated for the
registration of the building;

h) the list including the name, surname and domicile

Copertine Balconof at least 2 witnesses.
& Terasă

Mai multe
Article 1052 - Judicial procedure. Horses of attack
Tentrom Paradise

Decision 19/2015 )

(1) After the submission of the application, the court orders, by closing, the summoning of the
holder of the right registered in the land register or his successors, if they are known, as well as
the issuance of a summons and its display at the building in dispute, at the seat of the court, of
the territorial office of cadastre and real estate advertising and at the headquarters of the town
hall within whose radius the building is located, as well as its publication in two widely
distributed newspapers, at least one of which has a national circulation.

(2) The posters and the publication will include:

a) the name of the court that issued the summons, the number and date of the conclusion by
which the issuance was ordered;

b) the name, surname or name of the owner and his domicile or, as the case may be, his
headquarters;

c) specifying that it invokes the acquisition of property or another real right through usufruct;

d) the precise indication of the building, with the postal address and, if applicable, with the
cadastral or topographical number and the number of the land register, and in the absence of
these, specifying the neighborhoods;

e) the summons to all those interested to make an opposition, specifying that, otherwise, within 6
months from the issuance of the last publication, the application will be judged.

(3) The expenses necessary to carry out the display and publication formalities are the
responsibility of the applicant.

(4) The fulfillment of these formalities will be noted in a report, drawn up by the clerk, which will
be submitted to the case file.

(5) If no objections were made within the term stipulated in para. (2) lit. e) or if the person
registered in the land register is deceased or has ceased legal existence or renounced ownership,
the court will rule in the council chamber, after listening to the plaintiff and the witnesses and
verifying the fulfillment of the conditions required by law for the acquisition of the claimed right
on the basis of the usufruct, by closing.

(6) If oppositions have been filed to the usufruct request, they will be communicated to the
plaintiff, in order to file a response according to the provisions of common law. After receiving
the notice, a deadline will be set for resolving the registration request, with the summons of the
applicant and the opponents, who will also be notified of a copy of the registration request and
the notice submitted by the applicant.

(7) In both cases, the court will investigate whether the requirements provided by the Civil Code
for the acquisition of the claimed right based on the usufruct have been met.

(8) The conclusion or, as the case may be, the decision is only subject to appeal.

Article 1053 - Registration of the usufructuary right in the land register

Decision 19/2015 )

(1) The plaintiff will be able to ask for the provisional registration of the right he has usurped,
based on the conclusion given according to art. 1. 052 para. (5) or, as the case may be, of the court
decision, of the first instance, by which the application for registration was admitted, before its
definitive stay. The justification of the provisional registration will be based on the conclusion or,
as the case may be, of the court decision, which remains final.

(2) In all cases, the land registry registrar will not be able to order the registration of the right,
based on the usufruct, if it has been tabulated or provisionally registered for the benefit of
Copertine
another person, even after the usufruct term hasBalcon
expired; & Terasă
if only a notation was made, it will be
possible to order the registrationCustomizabile:
of the right,Culori,
withoutdimensiuni, mecanismbeing
the registration de strângere.
opposedAlege
to theTentrom Paradise! Mai multe
person who requested the notation.Tentrom Paradise

(3) The plaintiff is considered the owner from the date of registration, under the terms of the law,
in the land register of the property right acquired on the basis of the usufruct.

TITLE XIII: The procedure for restoring missing records and decisions

Article 1054 - Restoration of files or records in pending cases

(1) The files or documents related to a case under trial, which have disappeared in any way, can
be restored by the same court charged with judging the case.

(2) For the purpose provided for in para. (1) , the court will set a deadline, ex officio, summoning
the parties and, as the case may be, the witnesses and experts; he will ask for copies of the
documents sent to him by the authorities and of which the parties have used or of the documents
submitted by the parties, ordering at the same time to remove from the court registers all the data
regarding the documents that are being restored.

(3) Legalized copies of the missing documents that are in the possession of the parties or other
persons or the authorities can be used to restore the file.

(4) The conclusion can only be challenged together with the substance.

(5) The restored inscriptions take the place of the originals, until they are found.

Article 1055 - Restoring missing decisions

(1) If the file or the missing documents concerned a case in which a decision had been issued, this
decision will be remade by the court that issued it, after the second copy of the decision kept in
the folder, and if that copy also would have disappeared, the legalized copies of the judgment,
which were entrusted to the parties or other persons, will be able to be used for restoration.

(2) For this purpose, the court will be able to order, ex officio, that publications be made in a
widely circulated newspaper, with the invitation that any possessor of a copy of the decision
should submit it to the registry office of the court that ordered the publication.

(3) If the decision cannot be restored in the way indicated in para. (1) and (2), it will be restored
by the court that pronounced it, according to the provisions of art. 1. 054.

(4) In the situation where the file, including the decision, cannot be restored even according to
para. (3) , and the case is on appeal, the appeal court will re-judge the case on the merits. For the
retrial of the case, the parties are obliged to prove that there was a dispute between them that is
the subject of the retrial and that it was resolved by court decision. The proof will be made with
any entries or extracts from the registers or other records of the court or other authorities.

(5) When the process is under appeal, and the file, including the decisions given in the first
instance or appeal, cannot be redone even according to para. (3), the court of appeal will send the
case to the court of appeal to proceed according to para. (4) .

(6) If during the trial the missing decision was found, the request for reinstatement will be
rejected.

(7) If after the judgment of the request for restoration the missing decision was found, the
restored decision according to the provisions of para. (3), (4) and (5) will be annulled by the court
that pronounced it.

Article 1056 - Restoration of final decisions

The provisions of art. 1. 054 and 1. 055 shall also be applied accordingly in the event that a
definitive decision is requested to be reinstated.

TITLE XIV: Judicial bail

Article 1057 - Establishing the bond and depositing it

(1) When the law provides for the giving of a bond, the amount owed by the party under this title Mai multe
is established by the court in accordance with the law and is deposited at the State Treasury, at
Tentrom
CEC Bank - SA or at any other credit Paradisethat carries out such operations, in the name of
institution
the respective party, at the disposal of the court or, as the case may be, the bailiff.

(2) If the law does not provide otherwise, the deposit will not represent more than 20% of the
value of the object of the request, and in the case of requests whose object is not evaluable in
money, it will not be able to exceed the amount of 10,000 lei.

Article 1058 - Deposit in cash or financial instruments

(1) The deposit is, as a rule, in cash.

(2) At the request of the debtor of the surety and if the party in whose favor it is submitted
expressly declares that it agrees, the surety may also consist of financial instruments that can
serve as payment instruments. However, the consent of the parties is not necessary in the case of
titles issued by the state or the administrative-territorial units.

(3) The value of the financial instruments provided for in para. (2) is the one shown in their
contents.

Article 1059 - Provision of real guarantees

(1) Subject to express acceptance by the beneficiary, bail can also be offered with a real estate or
movable mortgage right or a mortgage claim, if its value is at least equal to the value of the bail
established by the court, under the conditions of the law.

(2) When a mortgage right has been accepted as security, the court will, ex officio, order its
tabulation or, as the case may be, its registration in the Electronic Archive of Real Movable
Securities.

(3) The bond consisting of a mortgage claim takes effect from the moment of registration or
notarization of the rank in the land register or, as the case may be, in the Electronic Archive of
Real Movable Guarantees. The registration or, as the case may be, the notation will be ordered by
the court ex officio.

(4) When the bond is no longer necessary, the court will order, ex officio, the deletion of the
registrations made.

Article 1060 - Bringing a guarantor

(1) At the request of the bailee, the court may approve, with the express consent of the bailee, that
instead of the goods shown in art. 1. 057-1. 059 to bring a guarantor.

(2) In the case provided for in para. (1), the court will establish, with the summons of the parties,
a deadline for the guarantor to appear.

(3) If the guarantor is approved by the court, he will give before it, or by authentic writing,
submitted to the case file, a declaration that he agrees to guarantee up to the amount determined
by the court.

Article 1061 - Unavailability of bail

When the deposit was deposited in cash or financial instruments, it cannot be pursued by the
depositor's creditors except to the extent that it will be returned to him. Likewise, the depositor's
creditors will not be able to track the deposit.

Article 1062 - The procedure for establishing bail

(1) If the law does not provide otherwise, the court will summon the parties in a short time, in the
council room, and will set the bond as a matter of urgency.

(2) The court issues a decision that can be appealed together with the decision by which it ruled
on the bail.

(3) When there is an emergency, the court will be able to set the bail without summoning the
parties. In this case, the bail will be deposited only in cash, within a term set by the court. The
bond debtor will be notified of theCopertine
conclusion byBalcon
which the & Terasă
bond was established, from the date of
this communication the deadlineCustomizabile: Culori,
for the payment dimensiuni,
of the bond will mecanism de strângere. Alege Tentrom Paradise!
begin to run. Mai multe

Tentrom Paradise
(4) Failure to deposit the bond within the term stipulated in para. (3) causes the legal dissolution
of the measures in connection with which the setting of the bond was ordered.

Article 1063 - Substitution of bail in cash

The person who submitted the cash deposit may later request that, under the conditions
established by this title, the cash amount be replaced with other goods or by bringing a guarantor.
In this case, the provisions of art. 1. 062 para. (1) and (2) remain applicable.

Article 1064 - Return of the bail

(1) The deposited deposit will be returned, upon request, after the resolution of the process in
connection with which the deposit was established by final decision, respectively after the
cessation of the effects of the measure for which it was deposited.

(2) The deposit shall be returned to the person who submitted it to the extent that the person
entitled to it has not submitted a request for the payment of the due compensation until the
completion of a term of 30 days from the date of the definitive stay of the decision or, as the case
may be, of on the date of cessation of the effects of the measure, provided for in para. (1) .
However, the deposit is returned immediately if the interested party expressly declares that it
does not seek the obligation of the person who deposited it to compensate for the damages caused
by approving the measure for which it was deposited.

(3) The court rules on the request for the restitution of the bail with the summons of the parties,
through a conclusion subject only to the appeal to the hierarchically superior court. The appeal is
suspensive of execution. The conclusion pronounced by one of the sections of the High Court of
Cassation and Justice is final.

(4) If the application for which the bond was submitted was rejected, the court will ex officio
order the return of the bond.

BOOK VII: The international civil process


The provisions of this book apply to private law processes with extraneous elements to the extent
that the international treaties to which Romania is a party, the European Union law or special
laws do not provide otherwise.

TITLE I: International jurisdiction of the Romanian courts


Article 1066 - Jurisdiction based on the domicile or headquarters of the defendant

(1) Subject to the situations in which the law provides otherwise, the Romanian courts are
competent if the defendant has the domicile, and in the absence of the domicile, the usual
residence, respectively the main office, and in the absence of the main office, a secondary office or
the business fund on the territory of Romania at date of submission of the application.

(2) When there are several defendants, the Romanian courts are competent if one of them is in
the situation provided for in para. (1) , except when the request was made only with the aim of
removing a defendant from the jurisdiction of the domicile or habitual residence or, as the case
may be, of the main or secondary headquarters located abroad.

(3) The Romanian courts are also competent to judge any claim regarding the activity at the
secondary headquarters of a legal entity not having its main headquarters in Romania, when this
secondary headquarters is located in Romania on the date of the application.

Article 1067 - Voluntary extension of jurisdiction in favor of the Romanian court

(1) When, in matters concerning rights that they freely dispose of according to Romanian law, the
parties have validly agreed on the competence of the Romanian courts to judge current or
potential disputes regarding suchCopertine Balcon
rights, the Romanian & Terasă
courts are the only competent ones.

(2) With the exception of casesTentrom

where theParadise
law provides otherwise, the Romanian court before
which the defendant is summoned remains competent to judge the claim, if the defendant
appears before the court and formulates defenses on the merits, without invoking the exception
of lack of jurisdiction, the later until the end of the investigation of the trial before the first court.

(3) In the situations provided for in para. (1) and (2), the notified Romanian court can reject the
request, when from all the circumstances it appears that the litigation has no significant
connection with Romania.

Article 1068 - Choice of forum

(1) In patrimonial matters, the parties can agree on the competent court to judge a current
dispute or possibly stemming from a relationship with extraneous elements. The agreement can
be concluded in writing, telegram, telex, telecopier or any other means of communication that
allows you to establish the proof through a text. In the absence of a contrary stipulation, the
competence of the chosen forum is exclusive.

(2) The choice of court is without effect if it leads to the abusive deprivation of one of the parties
from the protection provided by a court provided by Romanian law. Also, the choice is without
effect when the chosen court is foreign and the litigation is under the exclusive competence of the
Romanian courts, as well as when the chosen court is Romanian and the litigation is under the
exclusive competence of a foreign court.

(3) The chosen court cannot be declared incompetent if:

a) one of the parties has the usual domicile/residence, respectively a secondary seat in the
jurisdiction of this court;

b) the law applicable to the litigation according to Romanian private international law is
Romanian law.

Article 1069 - Exception to arbitration

If the parties have concluded an arbitration agreement concerning an arbitrable dispute

according to Romanian law, the Romanian court referred to will decline its jurisdiction, with the
exception of situations in which:

a) the defendant did not invoke the exception to arbitration until the first term to which he was
legally summoned;

b) the court finds that the said arbitration agreement is expired or inoperative;

c) the arbitral tribunal cannot be constituted or the sole arbitrator cannot be appointed for
reasons clearly imputable to the defendant.

Article 1070 - Force of necessity

(1) The Romanian court from the place with which the case has a sufficient connection becomes
competent to resolve the case, although the law does not provide for the competence of the
Romanian courts, if it is proven that it is not possible to file a claim abroad or that it cannot
reasonably be claimed for it to be introduced abroad.

(2) In the situations provided for in para. (1) , if the request is made by a Romanian citizen or
stateless person domiciled in Romania or by a legal person of Romanian nationality, the
competence of the Romanian court is mandatory.

Article 1071 - Verification of international competence

(1) The court referred to verifies ex officio its international competence, proceeding according to
the internal rules regarding competence, and if it establishes that neither it nor any other
Romanian court is competent, it rejects the request as not being within the competence of the
Romanian jurisdiction, subject to the application of the provisions of art. 1. 070. The court
decision is subject to appeal to the hierarchically superior court.

(2) The international incompetence of the Romanian court can be invoked in any state of the
process, even directly in appeals. The provisions of art. 1. 067 remain applicable.

Article 1072 - Internal competence
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(1) When the Romanian courts are competent according to the provisions of this book, the
competence is determined according to the rules of this code and, as the case may be, those
provided in special laws.

(2) If, in application of the provisions of para. (1) , it is not possible to identify the competent
court to judge the case, the application will be directed, following the rules of material
competence, to the Court of District 1 of the Municipality of Bucharest, respectively to the
Bucharest Court.

Article 1073 - Preliminary matters

The notified Romanian court incidentally adjudicates matters that do not fall within its
jurisdiction, but whose resolution is necessary to decide on the main claim.

Article 1074 - Incidental requests

The competent court to judge the original request is also competent to judge:

a) requests for intervention, with the exception of cases where such requests would have been
formulated only to exclude the intervener from the normally competent jurisdiction;

b) counterclaim.

Article 1075 - Provisional, conservative and enforcement measures

In emergency situations, the Romanian court is also competent to order provisional, conservatory
and enforcement measures regarding persons or assets located in Romania at the time of the
application, even if, according to the provisions of the present book, it would not be competent to
judge the fund.

Article 1076 - International lis pendens

(1) When a claim is pending before a foreign court and it is foreseeable that the foreign decision
will be susceptible to recognition or enforcement in Romania, the Romanian court subsequently
notified with a claim between the same parties, having the same object and the same cause, may
suspend trial until the judgment is pronounced by the foreign jurisdiction. The Romanian court
will reject the request when the foreign judgment pronounced is likely to be recognized according
to the provisions of this book.

(2) In case of suspension provided for in para. (1) , if the foreign jurisdiction is declared
incompetent or if the foreign judgment pronounced is not likely to be recognized in Romania, the
Romanian court puts the case back on file at the request of the interested party.

(3) The fact that a case is or is not pending before the foreign jurisdiction is determined according
to the law of the state where the trial takes place.

Article 1077 - International connection

When the Romanian court is referred to judge a claim, it is competent to judge the claim that is
related to the first one through such a close relationship, that there is an interest in investigating
and judging them at the same time, with the aim of avoiding solutions that they could not be
reconciled if the claims were judged separately.

Article 1078 - Terms

When a person abroad has to comply with a procedural deadline before the Romanian judicial or
administrative authorities, it is sufficient for the request to reach a Romanian diplomatic or
consular representation on the last day of the deadline.

CHAPTER II: Special provisions on the international competence of the Romanian courts

Article 1079 - Exclusive personal competence


The Romanian courts are exclusively

Copertine competent
Balconto &judge
Terasădisputes with elements of
extraneousness in the sphere of personal status regarding:

Tentrom
1. civil status documents drawn up Paradise
in Romania regarding persons domiciled in Romania and who
are Romanian citizens or stateless persons;

2. Approval of the adoption, if the person to be adopted resides in Romania and is a Romanian
citizen or stateless;

3. guardianship and guardianship for the protection of a person domiciled in Romania, who is a
Romanian citizen or stateless;

4. putting a person domiciled in Romania under judicial interdiction;

5. annulment, annulment or annulment of marriage, as well as other disputes between spouses,

with the exception of those related to real estate located abroad, if at the time of filing the
application both spouses reside in Romania and one of them is a Romanian citizen or stateless.

Article 1080 - Exclusive competence in the matter of some patrimonial actions

The Romanian courts are exclusively competent to judge disputes with extraneous elements
related to:

1. buildings located on the territory of Romania;

2. assets left in Romania by the deceased with the last domicile in Romania;

3. contracts concluded with consumers having their domicile or habitual residence in Romania,
for current consumption benefits intended for the consumer's personal or family use and
unrelated to his professional or commercial activity, if:

a) the supplier received the order in Romania;

b) the conclusion of the contract was preceded in Romania by an offer or an advertisement and
the consumer fulfilled the necessary documents for the conclusion of the contract.

Article 1081 - Preferential jurisdiction of the Romanian courts

(1) Romanian courts are also competent to judge disputes in which:

1. the claimant in the application regarding the maintenance obligation is domiciled in Romania;

2. the place where a contractual obligation was born or had to be performed, even if only in part,
is in Romania;

3. the place where a legal fact occurred from which extra-contractual obligations arise or its
effects are produced is located in Romania;

4. the railway or road station or port or airport of embarkation/loading or

disembarkation/unloading of transported passengers or goods is located in Romania;

5. the insured property or the place of occurrence of the insured event is located in Romania;

6. the last domicile of the deceased is in Romania, exclusive competence being reserved for the
buildings left by him abroad.

(2) Romanian courts are also competent to judge:

1. processes related to the protection of the minor or the person placed under a judicial interdict,
a Romanian citizen residing abroad;

2. divorce applications, if at the time of filing the application, the applicant has been domiciled on
the territory of Romania for at least one year;

3. the judicial declaration of the death of a Romanian citizen, even if he was abroad at the time of
the disappearance. Until provisional measures are taken by the Romanian court, the provisional
measures ordered by the foreign Copertine Balcon & Terasă
court remain valid;

Tentrom Paradise
4. lawsuits between persons domiciled abroad, regarding civil status documents or facts
registered in Romania, if at least one of the parties is a Romanian citizen;

5. processes related to the protection abroad of the intellectual property of a person domiciled in
Romania, a Romanian citizen or a stateless person, reserved being a choice of forum convention;

6. lawsuits between foreigners, if they have expressly agreed so, and the legal relations concern
rights that they can dispose of, in connection with assets or interests of persons from Romania;

7. processes related to the approach of ships or the collision of aircraft, as well as those related to
the assistance or rescue of persons or goods in the high seas or in a space not subject to the
sovereignty of any state, if:

a) the ship or aircraft flies the Romanian flag or, as the case may be, is registered in Romania;

b) the place of destination or the first port or airport where the ship or aircraft arrived is located
on the territory of Romania;

c) the ship or aircraft was seized in Romania;

d) the defendant has his domicile or habitual residence in Romania;

8. processes regarding civil liability for damages caused by products originating in Romania,
regardless of the victim's citizenship, the place of the accident or the place where the damage
occurred.

Article 1082 - Inoperative conventions

For the situations provided for in art. 1. 079 and 1. 080, the convention of choice of forum, other
than the Romanian court, is ineffective.

TITLE II: The applicable law in the international civil process

CHAPTER I: The capacity and rights of the parties in the process

Article 1083 - Procedural capacity

(1) The procedural capacity of each of the parties in the process is governed by its national law.

(2) The procedural capacity of the stateless person is governed by Romanian law.

Article 1084 - The condition of the foreigner

(1) Natural persons and foreign legal persons have, under the conditions of the law, before the
Romanian courts, the same procedural rights and obligations as Romanian citizens, respectively
Romanian legal persons.

(2) Foreign citizens benefit before Romanian courts, in international civil processes, from
exemptions and reductions of fees and other procedural expenses, as well as free legal assistance,
to the same extent and under the same conditions as Romanian citizens, under the condition of
reciprocity with the state of citizenship or domicile of the applicant.

Article 1085 - Exemption from judicial bail

Under the condition of reciprocity, the applicant, a foreign citizen or legal entity of foreign
nationality, cannot be required to post a bond or be obliged to provide any other guarantee for
the reason that he is a foreigner or does not have his domicile or headquarters in Romania.

Article 1086 - Special curator

In situations where the representation or assistance of the foreigner lacking capacity or with
limited exercise capacity was not ensured according to his national law, and because of this the
Copertine
judgment of the process is delayed, the courtBalcon & Terasă
will be able to provisionally appoint a special
curator. Customizabile: Culori, dimensiuni, mecanism de strângere. Alege Tentrom Paradise! Mai multe

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Article 1087 - Rules applicable to stateless persons

The provisions of art. 1. 083-1. 086 applies accordingly to stateless persons, without requiring the
condition of reciprocity.

CHAPTER II: The law applicable in procedural matters

Article 1088 - Law of the forum

In the international civil process, the court applies the Romanian procedural law, subject to
express provisions to the contrary.

Article 1089 - Qualification

The qualification of a problem as procedural law or substantive law is done according to

Romanian law, subject to legal institutions without a correspondent in Romanian law.

Article 1090 - Procedural quality and claim qualification

The procedural quality of the parties, the object and the cause of the action in the international
civil process are established according to the law that governs the substance of the legal report
brought before the court.

Article 1091 - Evidence

(1) The means of proof for proving a legal act and the probative force of the inscribed declarant
are those stipulated by the law agreed upon by the parties, when the law of the place of
conclusion of the legal act grants them this freedom. In the absence of this freedom or when the
parties have not used it, the law of the place of conclusion of the legal act shall be applied.

(2) Probation of facts is subject to the law of the place where they occurred or were committed.

(3) Nevertheless, the Romanian law is applicable, if it also admits other means of proof than
those provided by the laws established according to the provisions of para. (1) and (2). The
Romanian law also applies if it accepts evidence with witnesses and with the presumptions of the
judge, even in situations where these means of evidence would not be admissible according to the
foreign law declared applicable.

(4) Proof of civil status and the probative power of civil status documents are governed by the law
of the place where the invoked document was drawn up.

(5) The administration of evidence in the international civil process is governed by Romanian
law.

Article 1092 - Advertising formalities

(1) The registration and advertising formalities, their effects and the authorities empowered to
implement them are those stipulated by the law of the country where the operation took place.

(2) In real estate matters, the law of the place where the building is located is applied.

Article 1093 - Public official acts

(1) Public documents drawn up or legalized by a foreign authority or a foreign public agent can be
produced before the Romanian courts only if they are superlegalized, through a hierarchical
administrative process in the country of origin and then by the Romanian diplomatic mission or
consular office, for certification the authenticity of the signatures and the seal applied to them.

(2) Superlegalization by administrative means is subject to the procedure established by the state
of origin of the act, followed by the superlegalization carried out either by the Romanian
diplomatic mission or the Romanian consular office in this state, or by the diplomatic mission or
consular office in Romania of the state of origin and, further, in any of the two situations, by the
Ministry of Foreign Affairs.

(3) Exemption from over-legalization is allowed under the law, an international treaty to which
Tentrom
Romania is a party or on the basis Paradise
of reciprocity.

(4) The legalization of the documents drawn up or legalized by the Romanian courts is done, on
the part of the Romanian authorities, by the Ministry of Justice and the Ministry of Foreign
Affairs, in this order.

TITLE III: The effectiveness of foreign decisions

CHAPTER 0:


In the sense of this title, the term foreign decisions refers to the acts of contentious or non-
contentious jurisdiction of the courts, notaries or any competent authorities from a non-member
state of the European Union.

CHAPTER I: Recognition of foreign decisions

Article 1095 - Full legal recognition

Foreign judgments are legally recognized in Romania, if they refer to the personal status of the
citizens of the state where they were pronounced or if, being pronounced in a third country, they
were first recognized in the state of citizenship of each party or, in the absence of recognition,
were pronounced based on the law determined as applicable according to Romanian private
international law, they are not contrary to the public order of Romanian private international law
and the right to defense was respected.

Article 1096 - Conditions of recognition

(1) Decisions related to processes other than those provided for in art. 1. 095 can be recognized in
Romania, in order to benefit from the authority of res judicata, if the following conditions are
cumulatively met:

a) the decision is final according to the law of the state where it was pronounced;

b) the court that pronounced it had, according to the law of the seat state, the competence to
judge the case without being based exclusively on the presence of the defendant or some of his
assets not directly related to the litigation in the seat state of that jurisdiction;

c) there is reciprocity regarding the effects of foreign decisions between Romania and the state of
the court that pronounced the decision.

(2) If the decision was pronounced in the absence of the party that lost the case, it must also state
that the parties in question were handed in due time both the summons for the term of the
debates on the merits, as well as the notification act of the court and that he was given the
opportunity to defend himself and exercise the right of appeal against the decision.

(3) The non-definitive character of the foreign decision, arising from the omission of summoning
the person who did not participate in the trial before the foreign court, can be invoked only by
that person.

Article 1097 - Reasons for refusal of recognition

(1) The recognition of the foreign judgment may be refused for any of the following cases:

a) the decision is manifestly contrary to the public order of Romanian private international law;
this incompatibility is assessed taking into account, in particular, the intensity of the connection
of the case with the Romanian legal order and the seriousness of the effect thus produced;

b) the decision pronounced in a matter in which the persons do not freely dispose of their rights
was obtained with the sole purpose of evading the cause of the incident from the applicable law
according to Romanian private international law;

c) the case was resolved between the same parties by a decision, even non-definitive, of the
Romanian courts or is being tried before them at the date of the notification of the foreign court;

d) is irreconcilable with a decision pronounced before it abroad and likely to be recognized in
Romania; Tentrom Paradise

e) the Romanian courts had exclusive jurisdiction to judge the case;

f) the right to defense was violated;

g) the decision can be appealed in the state where it was pronounced.

(2) Recognition cannot be refused for the sole reason that the court that pronounced the foreign
decision applied a different law than the one that would have been determined by Romanian
private international law, except if the process concerns the civil status and capacity of a
Romanian citizen, and the adopted solution differs from the one that would have been reached
according to the Romanian law.

Article 1098 - Non-examination on the merits

With the exception of the verification of the conditions provided for in art. 1. 096 and 1. 097, the
Romanian court cannot proceed to the substantive examination of the foreign decision, nor to its
modification.


(1) The request for recognition shall be resolved in the main way by the court in whose
jurisdiction the person who refused the recognition of the foreign judgment has his domicile or,
as the case may be, his headquarters.

(2) In case of the impossibility of determining the court according to para. (1), the competence
belongs to the Bucharest Court.

(3) The request for recognition can also be resolved incidentally by the court seised with a process
having a different object, in which the exception to the authority of the res judicata or a prior
matter based on the foreign decision is raised.

Article 1100 - Documents attached to the request

(1) The application for the recognition of the foreign judgment is drawn up according to the
requirements provided by this code and will be accompanied by the following documents:

a) copy of the foreign decision;

b) proof of its definitive character;

c) the copy of the proof of delivery of the summons and the act of notification, communicated to
the party who was absent in the foreign court, or any other official document that certifies that
the summons and the act of notification were known, in due time, by the party against which the
decision was pronounced;

d) any other act to prove, in addition, that the foreign judgment fulfills the other conditions
stipulated in art. 1. 096.

(2) The acts provided for in para. (1) will be accompanied by authorized translations and will be
superlegalized, in compliance with the provisions of art. 1. 093. Superlegalization is not required
if the parties agree to the submission of certified copies for compliance.

(3) In case of non-presentation of some of the documents provided for in para. (1) , the court can
fix a term for them to be presented or accept equivalent documents or, if it is considered
sufficiently edified, dispense the part from producing them.

Article 1101 - Interruption of prescription

The request for recognition of the foreign judgment interrupts the prescription of the right to
obtain forced execution.

Article 1102 - Citing the partiesCopertine Balcon & Terasă

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(1) The request for the recognition of the foreign decision is solved by the main way by the
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decision, and by the incidental way Paradise
by interlocutory conclusion, in both cases after summoning
the parties.

(2) The request can be resolved without summoning the parties, if it appears from the foreign
decision that the defendant agreed to the admission of the action.

CHAPTER II: Execution of foreign decisions


(1) Foreign judgments that are not voluntarily enforced by those obliged to execute them can be
enforced on the territory of Romania, based on the consent given, at the request of the interested
person, by the court in the jurisdiction of which the enforcement is to be carried out .

(2) Foreign decisions by which insurance measures were taken and those given with provisional
enforcement cannot be enforced on the territory of Romania.

Article 1104 - Conditions for approving execution

(1) The execution of the foreign judgment is approved in compliance with the conditions
stipulated in art. 1. 096, as well as for the decision to be enforceable according to the law of the
seat of the court that pronounced it.

(2) The provisions of art. 1. 097 and 1. 098 are applicable accordingly to the request for approval
of the execution.

Article 1105 - Evidence of enforceability

The request for approval of the execution, drawn up under the conditions provided for in art. 1.
100, will be accompanied by proof of the enforceability of the foreign decision, released by the
court that pronounced it.


(1) The request for approval of the execution is resolved by decision, after summoning the parties.

(2) If the foreign decision contains solutions on several claims, which are dissociable, approval
can be granted separately.

(3) The execution of the foreign judgment establishing an alimony obligation through periodic
installments is approved for the due and subsequent installments.

(4) By the decision approving the execution of the foreign decision on the payment of an amount
in foreign currency, the conversion into the national currency will be ordered at the exchange rate
of the day when the decision became enforceable in the state where it was pronounced. Until the
conversion date, the interest produced by the amount established in the foreign judgment is
governed by the law of the court that pronounced it.

Article 1107 - Issuance of the enforceable title

On the basis of the final decision approving the execution, the enforcement title is issued, under
the conditions of Romanian law, mentioning the approval decision in the title.

Article 1108 - Probative force of the foreign decision

(1) The foreign decision pronounced by the competent court benefits from probative force in
Romania regarding the findings it contains, if it satisfies the requirements necessary for its
authenticity according to the law of the state where the court is located.

(2) The findings made by the foreign court do not benefit from the probative force provided for in
paragraph. (1) if they are manifestly incompatible with the public order of Romanian private
international law.

(3) The proof against the facts found by the foreign

Copertine court can
Balcon & be done by any means.
Terasă

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Article 1109 - Decisions establishing fiscal obligations stipulated by foreign laws
Tentrom Paradise

The foreign decision that establishes an obligation arising from a foreign tax law also requires the
condition of reciprocity in order to be recognized and enforced in Romania.

Article 1110 - Judicial transactions

Judicial transactions concluded abroad produce in Romania the effects arising from the law that
was applied to them, under the conditions of art. 1. 103 para. (1) and art. 1. 104-1. 108.

TITLE IV: International arbitration and the effects of foreign arbitration decisions

CHAPTER I: The international arbitration process

Article 1111 - Qualification and scope

(1) For the purposes of this title, an arbitration dispute taking place in Romania is considered
international if it arose from a private law relationship with an element of foreignness.

(2) The provisions of this chapter apply to any international arbitration if the seat of the arbitral
tribunal is in Romania and at least one of the parties did not have their domicile or usual
residence, respectively the seat in Romania, at the time of the conclusion of the arbitration
agreement, if the parties did not exclude it by the arbitration agreement or after its conclusion,
but only in writing, their application.

(3) The headquarters of the arbitral tribunal shall be established by the parties in the case or by
the arbitration institution designated by them, and in their absence, by the arbitrators.

Article 1112 - Arbitrability of the dispute

(1) Any case of a patrimonial nature can be the subject of arbitration if it concerns rights over
which the parties can dispose freely, and the law of the state of seat of the arbitral tribunal does
not reserve the exclusive competence of the courts.

(2) If one of the parties to the arbitration agreement is a state, a state enterprise or a state-
controlled organization, this party cannot invoke its own right to challenge the arbitrability of a
dispute or its capacity to be a party to the arbitration process.

Article 1113 - Arbitration Convention

(1) The arbitration agreement is validly concluded in written form, by letter, telegram, telex,
telecopier, electronic mail or any other means of communication allowing you to establish the
evidence through a text.

(2) Regarding the substantive requirements, the arbitration agreement is valid if it meets the
conditions imposed by one of the following laws:

a) the law established by the parties;

b) the law that governs the subject of the litigation;

c) the law applicable to the contract containing the arbitration clause;

d) Romanian law.

(3) The validity of the arbitration agreement cannot be challenged on the grounds of the
invalidity of the main contract or because it concerns a dispute that does not yet exist.

Article 1114 - The arbitral tribunal

(1) The appointment, revocation and replacement of the arbitrators are carried out in accordance
with the arbitration agreement or those established by the parties after its conclusion, and in its
absence, the interested party can request the tribunal at the seat of the arbitration to do so, the
provisions of the IVth book applying by analogy.

(2) The arbitrator may be challenged: Mai multe

Tentrom Paradise
a) when he does not have the qualification established by the parties;

b) when there is a cause of recusal among those provided by the rules of the arbitration procedure
adopted by the parties or, failing that, by the arbitrators;

c) when the circumstances induce a legitimate doubt regarding his independence and
impartiality.

(3) A party may not challenge an arbitrator whom he appointed or whose appointment he
contributed to, except for a cause of which he became aware after this appointment. The arbitral
tribunal and the other party must be notified without delay about the reason for recusal.

(4) If the parties have not established the recusal procedure, the tribunal at the seat of the
arbitration pronounces on the recusal by final decision.

Article 1115 - Arbitration procedure

(1) The parties may establish the arbitration procedure directly or by referring to the regulation of
an arbitration institution or subject it to a procedural law of their choice.

(2) If the parties did not proceed according to the provisions of para. (1), the arbitral tribunal
establishes the procedure through one of the methods provided in paragraph (1) .

(3) Whatever the arbitral procedure established, the arbitral tribunal must guarantee the equality
of the parties and their right to be heard in the adversarial procedure.

(4) In international arbitration, the duration of the terms established in Book IV is doubled.

Article 1116 - The language in which the procedure is conducted

(1) The debate of the dispute before the arbitral tribunal is done in the language established by
the arbitration agreement or, if nothing was stipulated in this regard or there was no subsequent
agreement, in the language of the contract from which the dispute arose or in a language of
circulation established by the arbitral tribunal.

(2) If a party does not know the language in which the debate is taking place, at its request and at
its expense, the arbitral tribunal provides the services of a translator.

(3) The parties can participate in the debates with their translator.

Article 1117 - Provisional and conservative measures

(1) The arbitral tribunal may order provisional or conservative measures at the request of one of
the parties, if the contrary is not stipulated in the arbitration agreement.

(2) If the concerned party does not voluntarily submit to the measures ordered, the arbitral
tribunal may request the competition of the competent tribunal, which applies its own law.
Provision of provisional or conservative measures may be subordinated by the arbitrator or judge
to the giving of an adequate bond.


(1) The administration of the evidence is done by the arbitral tribunal.

(2) If for the administration of the evidence it is necessary to have the concurrence of the courts,
the arbitral tribunal or the parties, in agreement with the arbitral tribunal, may request the
concurrence of the tribunal at the seat of the arbitration, which applies its own law.

Article 1119 - Competence of the arbitral tribunal

(1) The arbitral tribunal decides on its own jurisdiction.

(2) The arbitral tribunal rules onCopertine

its own competence
Balcon without considering a claim with the same
& Terasă
object, already pending between the same parties before a state or arbitral tribunal, unless there
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are good reasons to suspend the Customizabile:
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(3) The exception of incompetence must be raised prior to any defense on the merits.

Article 1120 - Applicable law

(1) The arbitral tribunal shall apply to the dispute the law established by the parties, and if the
parties have not designated the applicable law, the law it considers appropriate, in all situations
taking into account professional usages and rules.

(2) The arbitral tribunal can rule in equity only with the express authorization of the parties.

Article 1121 - Arbitration decision

(1) The arbitration decision is given with the procedure agreed by the parties. In the absence of
such provisions in the arbitration agreement, the decision is pronounced by the vote of the
majority of the arbitrators, and in case of parity of votes, the solution based on the vote of the
chief arbitrator prevails.

(2) The arbitration decision is written, motivated, dated and signed by all the arbitrators.

(3) The arbitral decision is enforceable and binding from the moment it is communicated to the
parties and can only be challenged with an action for annulment for the reasons and in the
regime established in book IV, which is applied accordingly.

(4) The arbitral tribunal may pronounce partial decisions, in the absence of a contrary stipulation
in the arbitration agreement.


Unless the parties agree otherwise, the arbitrators' fees and their travel expenses are borne by the
party that appointed them; in the case of the sole arbitrator or the chief arbitrator, these expenses
are borne by the parties in equal shares.

Article 1123 - Rules of subsidiary application

Any issues regarding the establishment of the arbitral tribunal, the procedure, the arbitral award,
its completion, communication and effects, not regulated by the parties through the arbitration
agreement and not entrusted by them to be resolved by the arbitral tribunal, will be resolved by
the appropriate application of the provisions of Book IV .

CHAPTER II: The effects of foreign arbitration decisions

Article 1124 - Qualification

Foreign arbitral awards are any domestic or international arbitral awards pronounced in a
foreign country and which are not considered national awards in Romania.

Article 1125 - Effectiveness

Any arbitration decision among those provided for in art. 1. 124 is recognized and can be enforced
in Romania if the dispute forming its object can be resolved by arbitration in Romania and if the
decision does not contain provisions contrary to the public order of Romanian private
international law.


(1) The request for recognition and enforcement of the foreign arbitral award is presented by
means of a request addressed to the court in the jurisdiction of which the domicile or, as the case
may be, the headquarters of the person against whom the said arbitral award is opposed.

(2) In case of impossibility of establishing the court provided for in para. (1), the competence
belongs to the Bucharest Court.

Article 1127 - Application Copertine Balcon & Terasă

Mai multe
(1) The one who avails himself of a foreign arbitral decision can only request its recognition in
order to invoke the authority of Tentrom Paradise
res judicata or, when it is not brought to fulfillment voluntarily,
the approval of enforced execution on the territory of Romania.

(2) The recognition of a foreign arbitral decision can be requested incidentally.

(3) The provisions of art. 1. 101 is applied accordingly.

Article 1128 - Documents attached to the request

(1) The request must be accompanied by the arbitration decision and the arbitration agreement,
in original or in copy, which are subject to legalization under the conditions provided for in art. 1.
093.

(2) If the documents provided for in para. (1) are not drafted in Romanian, the applicant must
also present their translation in Romanian, certificate of compliance.

Article 1129 - Reasons for refusing recognition or enforcement

The recognition or enforcement of the foreign arbitration award is rejected by the court if the
party against whom the award is invoked proves the existence of one of the following
circumstances:

a) the parties did not have the capacity to conclude the arbitration agreement according to the
law applicable to each, established according to the law of the state where the decision was
pronounced;

b) the arbitration agreement was not valid according to the law to which the parties submitted it
or, in the absence of its establishment, according to the law of the state in which the arbitration
decision was pronounced;

c) the party against whom the decision is invoked was not properly informed about the
appointment of the arbitrators or about the arbitration procedure or was unable to capitalize on
its own defense in the arbitration process;

d) the establishment of the arbitral tribunal or the arbitral procedure was not in accordance with
the agreement of the parties or, in the absence of their agreement, with the law of the place where
the arbitration took place;

e) the decision concerns a dispute not provided for in the arbitration agreement or outside the
limits set by it, or includes provisions that exceed the terms of the arbitration agreement.
However, if the provisions of the decision concerning matters subject to arbitration can be
separated from those concerning matters not subject to arbitration, the former can be recognized
and declared enforceable;

f) the arbitral award has not yet become binding for the parties or has been canceled or
suspended by a competent authority from the state in which or according to the law of which it
was pronounced.

Article 1130 - Suspension of judgment

(1) The court may suspend the recognition and enforcement of the foreign arbitral award if its
cancellation or suspension is requested from the competent authority of the state where it was
pronounced or from the state according to whose law it was pronounced.

(2) In the situation provided for in para. (1) the court may, at the request of the party requesting
the recognition and enforcement of the foreign arbitral award, order the deposit of a bond by the
other party.


(1) The request for recognition or enforcement of the foreign arbitral award is resolved by a
decision given with the summons of the parties and which can only be challenged by appeal.

(2) The request can be resolved without summoning the parties if the decision shows that the
defendant agreed to the admission of the action.

Article 1132 - Probative force
Tentrom Paradise

Foreign arbitral decisions pronounced by a competent arbitral tribunal benefit from probative
force in Romania with regard to the factual situations they ascertain.

Article 1133 - Examination of the merits of the case

The court cannot examine the arbitral award on the basis of the dispute.

CHAPTER III: Final provisions

Article 1134 - Entry into force

(1) This civil procedure code enters into force on the date that will be provided in the law for its
implementation.

(2) Within 6 months from the date of publication of this code, the Government will submit the
draft law for the implementation of the Civil Procedure Code to the Parliament for adoption.

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Copertine Balcon & Terasă

Saturday - 27 August 2022

Coordinator: Av. Marius-Cătălin Preduţ (https://www.mcp-avocati.ro/marius-catalin-predut.php)

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55,99 Lei 1.501,99 Lei 482,99 Lei 1.325,99 Lei 268,99 L

71,99 Lei 241,99 Lei 196,99 Lei 155,99 Lei 112,99 L

COMPLETE: The Civil Procedure Code,

Copertine Balcon & Terasă

GEO no. 71/2022 for the

Law no. 140/2022 regarding

some protection measures for people with

Law 144/2022 for the

GEO no. 141/2021 regarding

of the minimum wage ...

Tentrom Paradise regarding some fiscal-budgetary measures,

circumstances and taking into account the requirements of equity.

Article 6 - The right to a fair trial, in an optimal and predictable period

Practical aspects regarding

Resignation - unilateral right

(2) If a party possesses a means ofTentrom Paradise

Article 11 - Obligations of third parties during the process

Fictitious transfer of social

7783/28.11.2018 of the Galati Court of

reorganization the individual

Article 16 - Immediacy (https://www.mcp-

Article 18 - Language of the process

(1) The civil process is conducted in the Romanian language.

Article 20 - Compliance with fundamental principles

Article 21 - Attempt to reconcile the parties

Copertine Balcon & Terasă

Incaltaminte pentru evenimente

Article 22 - The role of the judge in finding out the truth

Article 23 - Due respect for justice

CHAPTER III: Application of the civil procedure law

Article 24 - The law applicable to new processes

Article 25 - Law applicable to ongoing processes

(2) Trials pending at the date ofCopertine

Article 26 - Law applicable to evidence

Article 27 - The law applicable to decisions

NOTE: Accepts the exception of unconstitutionality raised by Banca Comerciala Romana - SA

Article 28 - Territoriality of the procedural law

BOOK I: General provisions

TITLE I: Civil action

(2) Lawsuits are main, accessory, additional and incidental.

(3) The main application is the Copertine

(6) Incidental requests are those formulated within an ongoing process.

Defenses formulated in court can be substantive or procedural.

Article 32 - Conditions for exercising the civil action

a) has procedural capacity, under the conditions of the law;

b) has procedural quality;

Article 33 - The interest to act

Article 34 - Realization of rights affected by a deadline

Incaltaminte pentru evenimente

Article 35 - Finding the existence or non-existence of a right

( From February 10, 2017, Art.Copertine

( From October 28, 2016, Art. Tentrom Paradise

Article 36 - Procedural quality

Article 37 - Procedural legalization of other persons

Article 38 - Transmission of procedural quality

Article 39 - The procedural situation of the alienator and his successors

TITLE II: Participants in the civil process

CHAPTER I: The judge. Incompatibility