Legal assistance in litigation and enforcement procedures in Romania
According to the Civil Procedure Code, persons interested or harmed by the forced execution procedure in Romania may file an appeal against an enforcement notice in Romania, against the minutes of the proceedings concluded by the bailiff, challenge against enforcement in Romania as well as in cases where the bailiff refuses to carry out forced execution procedure in Romania or perform an act of forced execution procedure in Romania, under the law. However, in order to file an appeal against an enforcement notice in Romania, a series of admissibility conditions must be met, which is why Pavel, Margarit and Associates Romanian Law Firm recommends contacting enforcement attorneys in Romania in order to identify the grounds for challenge against enforcement in Romania and to what extent the appeal an enforcement notice in Romania can be invoked if forced execution procedure in Romania is based on an enforcement title in Romania for which the law may provide another procedure for its annulment.
Enforcement Attorneys in Romania. Main reasons for filing a challenge against enforcement
1. Prescription of the right to obtain forced execution in Romania
The right to obtain forced execution in Romania is subject to a prescription period of 3 years, unless otherwise provided by law, and in real rights matters, the prescription period is 10 years. The prescription period starts from the date when the right to obtain forced execution in Romania arises. To the extent that the appellant invokes the exception of prescription of the right to obtain forced execution in Romania and the court considers the appeal justified, it will accordingly annul the enforcement acts issued against the debtor in the forced execution file.
2. Lack of Enforcement Title in Romania
Forced execution in Romania can only be carried out based on an enforcement title in Romania. These include enforceable decisions, decisions with provisional enforcement, final decisions, as well as any other documents which, according to the law, can be enforced, such as authentic documents, bills of exchange, promissory notes, checks, and other credit instruments. The promissory note, as an enforcement title in Romania, is often used to guarantee the execution of obligations assumed in commercial relationships which means that, in the event that the bank cannot make payment due to the debtor’s insolvency, the creditor has the possibility to recover the debt through a forced execution procedure in Romania. If the enforcement proceedings in Romania started based on a document that does not meet the conditions to be classified as a writ of execution in Romania this can constitute a ground for claims of annulment of the enforcement titles in Romania. In this regard, it is important to seek the assistance of enforcement lawyers in Romania that can obtain a favorable solution as through proper legal by filing enforcement notice appeals in Romania.
Enforcement Lawyers in Romania. Suspension of forced execution procedure in Romania
Until the claims of annulment of the enforcement titles in Romania is resolved, at the request of the interested party, the Court may suspend the litigation and enforcement procedures in Romania. Suspension can be requested together with the claims of annulment of the enforcement titles in Romania or by separate request, and the party requesting it must provide a guarantee for the suspension of forced execution beforehand. However, the Court may order the suspension of forced execution procedure in Romania without paying a guarantee for the suspension litigation and enforcement procedures in Romania, which is why Pavel, Margarit and Associates Romanian Law Firm. recommends contacting enforcement attorneys in Romania who can provide legal assistance in identifying situations where it is not necessary to pay a guarantee for the suspension of enforcement proceedings in Romania, respectively, to identify the valid grounds that require suspension of enforcement proceedings in Romania until challenge against enforcement in Romania is resolved.
“Failure to comply with the provisions regarding forced execution or the performance of any writ of execution in Romania may lead to annulment of enforcement acts and in this regard, we are prepared to offer our expertise in forced execution procedure in Romania” stated Dr. Radu Pavel, Managing Partner at Pavel, Margarit and Associates Romanian Law Firm.
Facing Enforcement Challenges in Romania? Let’s Tackle Them Together.
At Pavel, Margarit and Associates Romanian Law Firm, we specialize in enforcement notice appeals and writs of execution in Romania. Our skilled team is ready to guide you through appeals against forced execution with comprehensive, high-quality legal support.
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It is important to emphasize that, before filing an appeal against an enforcement notice in Romania, it is essential to identify the valid grounds on which the appeal is based, as well as to ensure that the admissibility conditions are met. Also, the Court may order the suspension of forced execution procedure in Romania until the appeal or other requests regarding forced execution are resolved, in certain cases and under the conditions provided by law. To benefit from proper legal representation and to properly identify and support the grounds for enforcement notice appeals in Romania, it is recommended to contact Enforcement Lawyers who can provide legal assistance in all stages of the process and help obtain a favorable solution for the client.
Pavel, Margarit and Associates Romanian Law Firm is one of the top law firms in Romania, providing high-quality legal services. The firm’s clients include multinational and domestic companies of great magnitude. In 2023, the law firm’s success stories brought it international recognition from the most prestigious international guides and publications in the field. As a result, Pavel, Margarit and Associates Law Firm ranked 3rd in Romania in the Legal 500’s ranking of business law firms with the most relevant expertise. The law firm is internationally recognized by the IFLR 1000 Financial and Corporate 2023 guide. Additionally, Pavel, Margarit and Associates Law Firm is the only law firm in Romania recommended by the international director of Global Law Experts in London in the Dispute Resolution practice area. All relevant information about Pavel, Margarit and Associates Law Firm can be found on the website www.avocatpavel.com.