There are many situations when contracts between companies are not respected by one party, which leads to court action. This happens when companies that alienated an industrial machine or equipment cannot recover it because of the current user’s refusal. To regain the thing they posses, even when they do not have an enforceable title, the owners may use the claim action for a movable asset, recommend lawyers specialized in claims for a movable asset from Pavel, Mărgărit & Associates Romanian Law Firm.
When initiating a claim action for an assets, machinery or equipment, several steps are to be followed.
Prove the ownership – According to the law, the claimant who does not prove it owns the goods claimed cannot pretend to have any quality in order to promote the action. The law provides that the complainant is the one who must, by specific procedural means, prove that he is the owner of the claimed asset. Specifically, the owner will have to file with the court the documents of provenance of the good, such as invoices, purchase contracts etc.
Establish a correlation between the documents of provenance and the good itself – The owner must also prove that the documents of provenance belong to the good claimed. To prove this, the owner can do “an investigation at the scene, along with the court. The owner is obliged to allow the identification of the good”, says lawyer Radu Pavel, managing partner of Pavel, Mărgărit & Associates Romanian Law Firm.
Demonstrate how the user got the good – According to Romanian law, the owner must prove by what circumstances the user got the good claimed by the owner. In this respect “the owner can present evidence with witnesses or documents such as a minutes or an accompanying notice, because large goods are sent by means of transport”, says Radu Pavel.
Obtaining a court order – All these steps will be terminated by obtaining a sentence ordering the debtor to return the asset. If the owner refuses to return the asset, it can be recovered by the bailiff after having previously requested access to the location where the good is located.
The action in claim for a movable asset is relatively complex. In order to be successful, the owners should hire a lawyer specialized in claims of movable assets. “It is advisable to seek advice from a lawyer even prior to the alienation of the good. The lawyer may draw up a lease, concession or loan contract, which, once registered with the Real-estate Guarantee Archive, is transformed into a writ of execution, so that the recovery procedure becomes easier from the start”, advises Radu Pavel. Over the years, Pavel, Mărgărit & Associates Romanian Law Firm has carried out dozens of cases of movable and immovable property claims with a very good success rate.
Pavel, Mărgărit & Associates Romanian Law Firm is one of the top law firms in Romania, which offers legal services at the highest quality, beyond client’s expectations. The Law Firm approaches the cases with maximum professionalism and dedication. It’s ultimate goal is obtaining exceptional results and achieving the client’s objectives, in a time efficient manner. Among Pavel, Mărgărit & Associates clients are top multinationals and local companies. In 2019, the success stories of the Romanian Law Firm have brought recognition of the most prestigious international guides and publications. Thus, Pavel, Mărgărit & Associates Romanian Law Firm ranked second place in Romania in the rankings of business law firms with the most relevant expertise this year, realised by the Legal 500 publication, the most prestigious guide for law firms in the world, based in London, UK. The law firm is also recognized internationally by IFLR 1000 Financial and Corporate Guide 2019. Pavel, Mărgărit & Associates Romanian Law Firm is also the only law firm in Romania recommended by the Global Law Experts Director in London in the Dispute Resolution area of Practice. All the relevant information regarding Pavel, Mărgărit & Associates Romanian Law Firm including areas of practice and the most important deals can be found on the website www.avocatpavel.com, which is one of the most complex law firm websites in Romania.