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Author: PhD. Radu Catalin Pavel

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Articles, Real Estate and Construction

Disputes regarding the reclaim of nationalized property in Romania

The communist period, years 1945-1989, had a major influence regarding a constitutional right, namely the right of ownership in Romania, as properties were abusively taken over by the state. Thus, it was subsequently aimed at developing and implementing measures related to the reclamation of nationalized buildings, given the evolution of the democratic society. The Romanian […]

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By : Dec 18, 2023 Comments Off on Disputes regarding the reclaim of nationalized property in Romania
Articles, Tax Law

Tax disputes in Romania: Appealing Tax Decisions and Administrative Tax Acts

According to regulations in tax law in Romania, a tax decision and an administrative tax act can be appealed in front of the fiscal authority in order to analyze the validity and legality of the taken measures.The appeal against a tax act is submitted to the issuing fiscal authorities in Romania within 45 days from […]

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By : Dec 14, 2023 Comments Off on Tax disputes in Romania: Appealing Tax Decisions and Administrative Tax Acts
Juridical Updates

Juridical Updates 8 December 2023

Romanian Emergency Ordinance no. 108/2023 amending and supplementing the Romanian Competition Law no. 21/1996, as well as other normative acts In the exercise of the powers provided for by this law, the Competition Council shall ensure the observance of adequate guarantees in respect of the rights of defense of enterprises, including the right to be […]

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By : Dec 8, 2023 Comments Off on Juridical Updates 8 December 2023
Articles, Real Estate and Construction, White collar crime

Disputes regarding neighbourly relations in Romania (delimitation of property boundaries, easement on property/servitude)

According to the civil code, the private property right in Romania includes in its contents the right of possession, use and disposition of an exclusive, absolute and perpetual good, within the limits established by law. In the case of an immovable good, the private property right in Romania, in order to be acquired, must be […]

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By : Dec 8, 2023 Comments Off on Disputes regarding neighbourly relations in Romania (delimitation of property boundaries, easement on property/servitude)
Articles, Civil Law

Alternative dispute resolution in Romania

According to Romanian legislation, there are methods by which a creditor can recover a debt or claim by resolving disputes without the necessity of initiating legal proceedings. In this regard, the creditor can choose for alternative dispute resolution methods before resorting to court for collection of debt and resolve the dispute That is why The […]

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By : Dec 6, 2023 Comments Off on Alternative dispute resolution in Romania
Articles, Real Estate and Construction

Disputes regarding severence of joint tenancy and partition action in real estate law in Romania

The joint tenancy institution in Romania refers to that situation where two or more persons (tenants in common) have in joint property in Romania a certain asset, whether it is a movable or immovable property. In general, there is confusion between the notion of severalty and joint tenancy in Romania. The difference between joint tenancy […]

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By : Dec 1, 2023 Comments Off on Disputes regarding severence of joint tenancy and partition action in real estate law in Romania
Articles, Real Estate and Construction

Real estate litigation with developers in Romania

Most of the time, buying a new apartment in residential complexes from developers in Romanian takes place when the construction is still in the real estate development phase. This involves potential risks related to construction delays, construction defects or unexpected changes in the initial project. Legally, purchasing a property at the real estate development stage […]

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By : Nov 29, 2023 Comments Off on Real estate litigation with developers in Romania
Juridical Updates

Juridical Updates 24 November 2023

The Romanian Decision no. 71/2023 referring to the complaint filed by the Romanian Military Court of Appeal of Bucharest, by decision from May 24, 2023, with a view to issuing a preliminary ruling for the clarification of a legal matter By the decision from May 24, 2023, the Romanian Military Court of Appeal of Bucharest, […]

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By : Nov 27, 2023 Comments Off on Juridical Updates 24 November 2023
Articles, Civil Law

Civil disputes concerning contract cancellation in Romania

The civil contract in Romania is concluded by agreement of the parties, being mandatory to respect the substantive and formal conditions imposed by the Romanian civil code. These legal provisions establish that any contract concluded in violation of the conditions required by law for its valid conclusion attracts the nullity of a contract, either absolute […]

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By : Nov 24, 2023 Comments Off on Civil disputes concerning contract cancellation in Romania
Articles, Civil Law

Appealing the decisions issued by CNCI/ANRP in Romania

The restitution of properties in Romania confiscated by the communist regime represents a condamnation of communist abuses and a form of material and moral reparation for unjust behavior. Due to the prolonged duration of resolving ANRP decisions, adjusting compensations reasonably regarding the value of properties unable to be directly restituted should be done through property […]

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By : Nov 22, 2023 Comments Off on Appealing the decisions issued by CNCI/ANRP in Romania
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