Termination of agreement in Romania
Civil lawyer in Romania. What is termination of agreement in Romania?
Termination of agreement in Romania is a remedy provided to the creditor in case of non-performance of obligations assumed by the debtor, resulting in the termination of the concluded bilateral contract in Romania with retroactive effects. The corresponding action for termination of a contract in Romania is named termination of agreement in Romania and is the procedure by which the contracting party who has performed its obligation assumed through a contract generating reciprocal and interdependent rights and obligations between the parties (bilateral contract in Romania) with immediate execution (instantaneous execution) can address the court to request the annulment of the contract with retroactive effect when the other contracting party culpably failed to fulfill its own obligation.
Lawyer for termination of agreement in Romania. The parties
The parties of the action for termination of agreement in Romania are represented by the plaintiff and the defendant. The plaintiff is the person who initiates the action for termination of a contract in Romania and can be the party to the contract who believes that the terms and contractual obligations have been violated, thus requesting the termination of the contract. The defendant is the person against whom the termination action is directed.
Lawyer for termination of agreement in Romania. Legal basis
The right to introduce the termination of a contract in Romania is expressly provided by law, with corresponding provisions found in Articles 1549-1554 of the New Civil Code. These form an integral part of the section on civil code termination of agreement in Romania and regulate the operational mode, performance reduction, the notion of unilateral termination of agreement in Romania, resolutive clause in Romania, as well as the effects of this institution.
Litigation lawyer in Romania. Under what conditions can termination of agreement in Romania be invoked?
To trigger the application of termination of a contract in Romania, in general, the non-performance must concern a contractual obligation, be sufficiently serious and unjustified. In the case of unilateral termination of agreement in Romania, this represents an option of the creditor, which means that unilateral termination of agreement in Romania is declared by the entitled party, respecting the substantive condition of the existence of a significant non-performance and the formal condition of the debtor’s default.
Unilateral termination of agreement in Romania must be made within the statutory limitation period provided for in the termination of agreement in Romania and signifies a unilateral act, called termination of agreement statement in Romania, through which the creditor expresses their intention to unilaterally annul the contract due to non-performance.
Moreover, an important aspect regarding unilateral termination of agreement statement in Romania is the condition that the termination of agreement statement in Romania must be communicated to the debtor, taking into account the terms and conditions provided by law, for the effectiveness of the termination.
Lawyer for termination of a contract in Romania. Where is the summon based on the termination of agreement in Romania filed?
The summon filed by a lawyer termination of agreement in Romania and based on the termination of a contract in Romania is addressed to the court within the territorial jurisdiction where the defendant resides or to the court within the territorial jurisdiction where the contractual obligations were supposed to be performed, a choice that belongs to the plaintiff.
The Romanian Law Firm Pavel, Margarit and Associates provides legal advice and legal assistance services in civil law, especially regarding assistance for termination of agreement. A lawyer for termination of a contract in Romania can support you in a termination of agreement in Romania before the court, having great experience in civil litigation. In order to benefit from our professional support and for lawyer advice, we invite you to fill in the contact form available on our website https://avocatpavel.com/contact/.
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Civil litigation lawyer in Romania. Termination of agreement in Romania – Effects
The contract annulled through the termination of agreement in Romania action is deemed to have never been concluded and if the law does not provide otherwise, each party is obliged, in this case, to return the performances received to the other party. However, an exception to the rule of contract annulment will be made for those clauses that have been designed by the parties to operate even in the event of invoking civil code termination of agreement in Romania. A lawyer for termination of agreement in Romania, civil lawyer in Romania, litigation lawyer in Romania can provide guidance and assistance in identifying these clauses, assessing their impact within the termination of a contract in Romania and ensuring that your interests are properly protected.
The Romanian Law Firm Pavel, Mărgărit & Associates invites you to avail of specialized legal services offered by a lawyer for termination of agreement in Romania when facing situations involving civil code termination of agreement in Romania of a bilateral contract in Romania. Our team of specialized lawyers provides essential legal services such as contract review and negotiation, alternative dispute resolution and consultancy on a wide range of legal matters to protect the interests of the represented party. With the support of a lawyer specialized in termination of a contract in Romania, civil lawyer in Romania, litigation lawyer in Romania, you will benefit from expertise in the field and guidance at every stage of the process, thereby increasing the chances of success.
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