Action for breach of contract
Litigation attorney in Romania. What is an action for breach of contract?
Rescission in Romania is a civil penalty (cause of inefficacy) consisting of the future cancellation of a contract in Romania due to the non-performance of obligations by one party for causes attributable to it. Essentially, the penalty of cancellation of a contract in Romania is a species of termination, differing from it in terms of scope and the lack of retroactive effect regarding its consequences, as the effects of rescission in Romania only apply prospectively.
Civil attorneys in Romania. The parties to a contract termination in Romania
The parties of rescission in Romania are represented by the claimant and the defendant. The claimant is the person who initiates the cancellation of a contract in Romania, which could be the party to the civil contract in Romania that believes the contractual obligations assumed by the other party have been disregarded, thus requesting rescission and termination in Romania. The defendant is the person against whom the action for termination is directed. The Romanian Law Firm Pavel Mărgărit and Associates can provide you with the legal assistance necessary to fulfill the formalities for contract termination in Romania through termination.
Dispute resolution lawyers in Romania. Legal basis
Being a form of termination of contract, rescission in Romania is provided for in the New Civil Code at Articles 1549-1554, a section that specifically regulates the rights of the parties, the procedure and the effects concerning the rescission and termination in Romania.
Litigation attorney in Romania. How does breach of contract work?
Rescission and termination in Romania can be ordered by the court upon request, it can be unilaterally declared by the entitled party or it can operate automatically.
One particular aspect of contract termination in Romania is the existence of seemingly minor non-performance, which, due to its repetitive nature, becomes significant and may consequently lead to termination.
In the case of unilateral rescission in Romania, similar to the situation with termination, this occurs through a written notice from the debtor called notice of breach in Romania when the parties have agreed as such, when the debtor is legally in default, or when the debtor has not fulfilled the obligations assumed in civil contract in Romania within the specified time frame resulting in default. In the case of unilateral rescission in Romania, the debtor must provide a notice of breach in Romania within the general prescription period of 3 years, and, to ensure enforceability against third parties, must register it in the Land Register or other public registers, as applicable. To ensure the efficiency and correctness of procedures related to civil contract in Romania, The Romanian Law Firm Pavel Mărgărit and Associates encourages you to consult with a litigation attorney in Romania or civil litigation attorney in Romania from our team specialized in civil litigation and dispute resolution in Romania.
Similar procedures are followed in the case of termination, as a notice of termination in Romania is provided within the general prescription period. Additionally, the notice of termination in Romania must also be registered in the Land Register or other public registers. The notice of breach in Romania or notice of termination in Romania are not the only aspects in which rescission and termination in Romania are similar.
The Romanian Law Firm Pavel, Margarit and Associates provides legal advice and legal assistance services in civil law, especially regarding assistance for initiating an action for breach of contract. A civil attorney in Romania can support you in filing an action for breach of contract before the court, having great experience in civil litigation. In order to benefit from our professional support and for dispute resolution attorneys advice, we invite you to fill in the contact form available on our website https://avocatpavel.com/contact/.
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Lawyer action for breach of contract in Romania. Where should the lawsuit based on a rescission be filed?
A litigation attorney in Romania filing a lawsuit based on cancellation of a contract in Romania would submit the lawsuit to the local court within the territorial jurisdiction where the defendant resides or where the contractual obligations were supposed to be performed, at the discretion of the claimant.
Legal support in civil litigation in Romania arising from the cancellation of a contract is crucial. Therefore, the services of the dispute resolution lawyers in Romania are recommended to determine, based on the specifics of each case, the necessary steps to be followed in case of civil litigation in Romania.
Civil attorneys in Romania. Situations where rescission in Romania can be invoked
The case of a lease contract is a typical example that meets the necessary conditions for rescission in Romania, as it is a contract with successive/continuous performance (spanning over a period of several months/years), and the effects of the action for breach of contract will not affect the already performed obligations. Non-payment of rent by the tenant can lead to the valid termination of the lease contract. Therefore, this civil contract in Romania has fully produced its effects until the day a notice of breach in Romania is served, and starting from that date, it will no longer have future effects. An indefinite-term employment contract is also susceptible to rescission in Romania by either party. If you are facing similar civil disputes as those mentioned, the services of a litigation attorney in Romania can ensure the correctness of the procedures.
The Romanian Law Firm Pavel, Mărgărit & Associates invites you to avail yourself of specialized legal services offered by dispute resolution lawyers in Romania, civil attorneys in Romania when dealing with situations involving breach of contract or cancellation of a contract in Romania. Our team of specialized lawyers provides essential legal services, including contract review and negotiation, resolution of disputes through alternative methods, and consultancy on a wide range of legal matters to protect the interests of our clients.
With the support of civil attorney in Romania, you will benefit from expertise in the field and guidance at every stage of the process. The services provided by dispute resolution lawyers represent the first step towards success in civil litigation in Romania.
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