Signing an agreement in Romania creates rights and obligations between the parties for a particular period of time. Thus, by starting a litigation matter in Romania, one person may claim the obligation of the other party to respect the violated right or to perform the assumed obligation, and if it is no longer possible, to pay for the damages suffered or to recover the unpaid debt in Romania. The Romanian law firm Pavel, Mărgărit & Associates recommends using the services of a lawyer specialized in litigation, civil law and debt recovery in Romania to guide you in the necessary steps to draft a claim against the contractual partner in Romania.
What are the conditions for an event of default in Romania? Which partner is contractually liable in Romania?
The contractual partner will be liable only if there is damage, or there is an event of default according with the terms and conditions in Romania, and the debtor has been put in delay, and the debtor is in default for the existence of the damage in Romania. Also, if the price of the agreement in Romania was not paid, then a lawyer specialized in litigation, civil law and debt recovery in Romania can guide the plaintiff to the legal ways to recover the unpaid debt in Romania.
What is the relevant legislation regarding contractual liability in Romania?
The relevant legislation on contractual liability in Romania is article 1351 from Romanian Civil Code, according to which every person must execute the obligations he has contracted. If, without justification, it fails to fulfill this duty, it is liable for the damage caused to the other party and is obliged to repair such damage, according to the Romanian law. Neither party may remove the application of the rules of contractual liability in Romania in order to opt for other rules which would be more favorable to them.
It is necessary to hire to a lawyer specialized in in litigation, civil law and debt recovery in Romania when starting a litigation matter against a contractual partner in Romania.
What types of contracts can the parties conclude?
The agreement in Romania concluded by the parties can be: sale, exchange, supply, lease, service, memorandum of association, agency, brokerage, bailment, deposit, transaction, life-income, maintenance, insurance.
What is the legal procedure for filing a claim against the contractual partner in Romania?
In principle, the damage shall be fully remedied by restoring the previous situation and, if this is not possible, by paying compensation established by the agreement of the parties in Romania or by a court decision in Romania in order to recover the unpaid debt in Romania
Every person has the right to make a claim against the contractual partner in Romania before the competent court when having claims against a contractual partner in Romania or seeks the legal settlement of a situation in Romania. Thus, it must assert a subjective civil right. The subjective right must be exercised in good faith and protected by law, present and exercised within its external, material and legal limits in Romania.
Following the evidence administered, the court determines whether the conditions are met. If the court decides that the subjective right does not exist, the application for a summons will be rejected as unfounded, and if it is found that the right is not current, the application will be rejected as premature. That is why the means of proof are very important, the evidence of the occurring of the event of default in Romania, which is the basis of the Romanian court decision.
Are there situations where the contractual partner is exonerated from liability in Romania?
There are two situations in which a contractual partner in Romania is exonerated from liability: The case of unforeseeable circumstances or force majeure. In art. 1351, the Civil Code States that “liability is canceled when the damage is caused by force majeure or unforeseeable circumstances case in Romania. Force majeure is any external, unpredictable, absolute event. The unforeseeable circumstances in Romania is an event which cannot be foreseen or prevented by the one who has been held accountable for if the event had not occurred.”
In conclusion, this article teaches you how to deal with a claim against a contractual partner in Romania through a lawyer specialized in litigation, civil law and debt recovery in Romania. Since signing a contract creates rights and obligations between the parties, the parties are bound to respect them. Otherwise, one contractual partner may go against the other with a claim to recover the unpaid debt in Romania.
Pavel, Mărgărit & Associates Law Firm recommends a lawyer specialized in litigation, civil law and debt recovery in Romania, who can advise you on the strategy to follow if you have a dispute with your contractual partner in Romania, as well as representing in court for starting a litigation matter in Romania.