Action for damages in Romania
Litigation lawyer in Romania. What is action for damages in Romania?
An action for damages in Romania or forced execution by equivalent in Romania represents a personal action based on contractual liability in Romania through which damage recovery in Romania suffered by one of the contracting parties is sought as a result of the delayed performance of the obligation by the other party to the contract (moratory damages in Romania) or, as the case may be, as a result of the total or partial non-performance of the obligation by the other party (compensatory damages in Romania).
Thus, in situations where the debtor has not performed a contractual obligation, whenever possible, forced execution in Romania will be pursued, and when this is not possible or is of no interest to the creditor, the creditor may resort to forced execution by equivalent in Romania, meaning to obtain compensatory damages in Romania or moratory damages in Romania, as the case may be.
A dispute resolution lawyer in Romania or a contractual liability lawyer in Romania can provide you with the necessary legal assistance to initiate the action for damages in Romania in accordance with the applicable legal procedures in this matter for obtaining damage recovery in Romania.
A civil lawyer in Romania can provide you the necessary legal assistance to file a claim for damages when an obligation is not fulfilled, is improperly fulfilled or is fulfilled late, in accordance with the applicable rules on contractual liability in Romania or tort liability in Romania, as the case may be.
Dispute resolution attorneys in Romania. Parties
The subjects of law through which the action for damages in Romania for damage recovery in Romania is exercised are represented by the creditor, the person who suffers a loss due to the non-performance of the contractual obligation and, at the same time, the one who submits to the court the claim based on the action for damages in Romania. The party against whom contractual liability in Romania is engaged is represented by the debtor, who is the one against whom the action is exercised and who will be obliged to pay compensatory damages in Romania or moratory damages in Romania.
To ensure that you fall into one of the cases that attract contractual liability in Romania and to be assisted in the legal proceedings for obtaining damages, The Romanian Law Firm Pavel, Mărgărit and Associates recommends to seek the services of a of a litigation lawyer in Romania or a dispute resolution lawyer in Romania.
Lawyer for forced execution in Romania. Legal basis
The right to damages in Romania is expressly regulated in the New Civil Code in articles 1530-1548. These articles consider the direct consequence of the culpable non-performance of the obligation by the debtor, as well as the manner in which the damages in Romania are assessed, based on which moratory damages in Romania or compensatory damages in Romania are to be awarded.
The Romanian Law Firm Pavel Margarit and Associates invites you to seek the services of a lawyer specializing in contractual liability in Romania actions or tort liability in Romania to fully understand the legal complexity of your situation and whether the provisions contained in the articles referring to the right of the injured party to obtain damages in Romania may be applicable to it.
Contractual liability lawyer in Romania. Where to File the Lawsuit Based on the Action for Damages?
Depending on the value and complexity of the litigation, the material competence varies among different levels of judicial instances. Magistrate courts are competent for claims of low value, which usually do not exceed a certain financial threshold established by legislation. In many jurisdictions, this threshold is set at 200,000 RON. Generally, the lawsuit is filed at the court located at the defendant’s domicile or registered office. However, there are other criteria that can influence territorial competence. For example, if the contract specifies a specific place for the performance of the obligation, the lawsuit can be filed at the court in that location.
In some jurisdictions, there are specialized courts for commercial or contractual disputes. These courts have the competence to resolve specific disputes in the contractual field, thus providing a specialized and efficient legal framework for the resolution of these disputes.
A litigation lawyer in Romania or dispute resolution lawyer in Romania can assist you with a detailed analysis of your contractual situation and the specific circumstances of the other party’s failure to fulfill obligations. They will assess the validity of the claim for damages in Romania, identifying all necessary elements to formulate a strong claim. Additionally, a lawyer for tort liability in Romania can explain your rights and obligations, providing legal advice on the best course of action.
Dispute resolution attorneys in Romania. Types of Damages
The damages in Romania that can be awarded by the court are of two types: compensatory damages in Romania and moratory damages in Romania.
Compensatory damages in Romania refer to monetary compensation obtained with the purpose of repairing the damages in Romania caused by non-performance or improper performance of contractual obligations. Generally, this type of compensation applies to any type of obligation, except pecuniary ones, as the obligation to pay a sum of money is always susceptible to forced execution by equivalent in Romania. These damages in Romania replace forced execution by equivalent in Romania; therefore, they cannot be cumulated with it.
A lawyer specialized in enforcement in Romania or tort liability in Romania can assist you in determining the specific type of damages in Romania applicable to your case, depending on its particularities.
Moratory damages in Romania are awarded when the creditor’s damage is caused by the delay in the performance of the obligation assumed by the debtor under the contract. They are due regardless of whether damage occurs, considering that the delay in the performance of an obligation constitutes damage. They can be cumulated with forced execution by equivalent in Romania, as they are due only for the delay in its performance and can be merged with compensatory damages in Romania, forming so-called global damages.
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 damages in Romania. A contractual liability lawyer in Romania can support you in filing a lawsuit based on the action for damages in Romania before the court, having great experience in civil litigation. In order to benefit from our professional support and for litigation lawyer advice, we invite you to fill in the contact form available on our website https://avocatpavel.com/contact/.
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Lawyer for Tort Liability in Romania. Conditions for Awarding Damages
To be admissible, the action for damages in Romania, the creditor will need to meet several preliminary conditions, conditions that apply equally regarding contractual liability in Romania. A primary condition is related to the illicit act consisting of non-performance of contractual obligations, the existence and proof of the debtor’s fault, the existence of damages in Romania and the causal relationship between non-performance and damages in Romania. In addition to these, default is a substantial condition only in the case of obligations to do and only regarding moratory damages in Romania.
According to the law, if the creditor does not request enforcement in Romania of contractual obligations, they will have the right to use rescission in Romania, cancellation of a contract in Romania, termination of a contract in Romania, as well as action for damages in Romania, to the extent they are due.
Considering the legal complexity regarding rescission in Romania, cancellation of a contract in Romania or termination of a contract in Romania, as well as the necessity of action for damages in Romania to repair suffered damages in Romania, it is essential to benefit from the consultancy and representation of dispute resolution attorneys in Romania or a lawyer for contractual liability in Romania. Additionally, a lawyer for tort liability in Romania can ensure that your rights are protected and that you can obtain both the nullification of the improperly executed contract and adequate compensation for the losses suffered.
The action for damages in Romania is an essential legal instrument for protecting the rights and interests of contractual parties in case of non-performance of obligations by the other party, and it can be combined with rescission in Romania, cancellation of a contract in Romania or termination of a contract in Romania. Through this action, the damaged party can request enforcement in Romania or forced execution in Romania by obtaining compensatory damages in Romania or moratory damages in Romania for the suffered losses, thus ensuring that the negative impact of contract non-performance is adequately compensated.
In this context, The Romanian Law Firm Pavel Margarit and Associates recommends collaborating with a well-prepared litigation lawyer in Romania or a contractual liability lawyer in Romania to ensure that your interests are professionally defended and that you have the best chances of obtaining the desired outcome in a contractual dispute.
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