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Pavel Margarit & Associates

Statement of claim in Romania

According to the provisions of Law no. 85/2014, to acquire the status of a creditor in the insolvency procedure in Romania, several steps need to be followed, including: notifying the creditors from the list submitted by the debtor, filing the statement of claim within the fixed term established by the decision for opening the insolvency […]

Recovery of claims in insolvency proceedings in Romania

According to the Romanian Law no. 85/2014 on insolvency prevention and insolvency proceedings, insolvency in Romania is that state of the debtor’s assets that is characterized by the insufficiency of the available funds for the payment of certain, liquid and enforceable debts. The insolvency in Romania is presumed when the debtor, after 60 days of […]

Juridical Updates 15 December 2023

Romanian Order no. 225/2023 regarding the information of consumers by the economic operators that carry out online activity Economic operators, which carry out the activity of marketing/provision of services in the online environment, have the obligation to inform consumers about its legal conditions, by displaying all the information on the basis of which it operates: […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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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