Understanding Contract Breaches in Romania: What You Need to Know

Contract breaches can be frustrating and lead to potential legal disputes.

In this article, we will dive into the topic of contract breaches in Romania to help you understand your rights and options when dealing with such situations.

What is a Contract Breach?

A contract breach simply means that one party fails to fulfill their obligations as outlined in a legally binding agreement.

It can involve various scenarios, such failing to deliver goods or services, not meeting project deadlines, or violating specific terms and conditions stated in the contract.

When a breach of contract occurs under the stipulations of the Romanian Law, the non-breaching party may seek legal remedies to address the situation appropriately.

Types of Contract Breaches in Romania

In Romania, contract breaches can be classified into two main types: material breaches and minor breaches.

• Material Breaches:

A material breach is a significant violation of the contract that goes to the core of the agreement.

It occurs when the breaching party’s actions or omissions substantially prevent the other party from receiving the benefits they were entitled to under the contract.

Material breaches often give rise to substantial legal remedies for the non-breaching party.

• Minor Breaches:

A minor breach, also known as a partial breach, refers to a lesser violation of the contract’s terms.

While it does not fundamentally undermine the purpose of the agreement, it still represents a failure to perform certain obligations. In such cases, the non-breaching party may be entitled to seek limited remedies, such as damages or specific performance.

Legal Remedies for Contract Breaches in Romania

When a contract breach occurs in Romania, the non-breaching party has several legal remedies available to properly address the situation. Let’s explore some of the common remedies:

• Damages:

The non-breaching party may seek monetary compensation to cover any financial losses incurred due to the breach. The damages aim to put the injured party in the position they would have been in had the breach not occurred.

• Specific Performance:

The non-breaching party may request the court to order the breaching party to fulfill their contractual obligations as originally agreed. This remedy is typically sought when the subject matter of the contract is unique.

• Contract Termination:

In severe cases, the non-breaching party may choose to terminate the contract, releasing both parties from their obligations. However, reviewing the contract terms and consulting legal counsel is crucial before termination.

• Seeking Legal Assistance:

Dealing with contract breaches in Romania can be complex, so seeking legal assistance from an experienced Romanian attorney is advisable to protect your rights and interests.

Minimizing Contract Breaches in Romania

While understanding remedies is essential, it’s equally important to take preventive measures to minimize the chances of a breach occurring in Romania in the first place:

• Draft Clear and Precise Contracts: Ensure contracts clearly define the rights, obligations and expectations of all parties involved to avoid disputes.
• Perform Due Diligence: Research the other party thoroughly before entering into a contract to reduce the risk of unreliable partners.
• Include Dispute Resolution Clauses: Consider including mediation or arbitration clauses to resolve disputes efficiently, without going to court.
• Regularly Review and Update Contracts: Review contracts periodically to ensure they reflect any changes in laws or regulations that may impact the agreement.

In summary, understanding contract breaches in Romania is key to protecting your rights and navigating disputes.

Seeking legal assistance from qualified Romanian attorneys ensures you can address any contract breaches effectively, while preventive measures help minimize breach occurrences.

This guide covers the key things you need to know about child custody and child support when getting divorced in Romania.

If you’re getting divorced in Romania, it’s important to understand how child-related matters are handled so you can protect your rights and your children’s best interests.

Going through a divorce is difficult enough without having to worry about child custody and support.

Determining Custody in Romanian Divorces

When a couple with children divorces in Romania, custody decisions are made based on the best interests of the child.

Here are some things to keep in mind:

The Court decides custody

The Romanian Court will make the final custody determination for minor children (under age 18) in a divorce. Parents can make custody proposals or agreements, but the court has to approve them.

Joint custody is preferred

Romanian law prefers that both parents retain custody rights after a divorce.

Courts will generally award joint physical custody with the child splitting time between both parents’ homes, unless there are compelling reasons not to.

Factors considered for custody

Courts look at various factors when deciding custody, including:

• The child’s existing living situation and attachment to each parent
• Each parent’s ability to care for the child’s needs
• Any history of domestic violence, abuse or neglect
• The child’s preferences if they are mature enough to express a reasonable opinion
• Each parent’s willingness to cooperate and allow access to the child

The court will order an investigation to evaluate these factors.

Custody evaluators will interview parties and make recommendations to the court.

Modifying custody orders

Custody orders can be modified later on if there are substantial changes in circumstances affecting the child’s well-being. A parent has to petition the court and show that alteration of the existing order is in the child’s best interests.

How Child Support Works in Romanian Divorces

Child support ensures that both parents continue meeting the financial needs of children after a divorce.

Here are key things to know about child support in Romania:

• Both parents share responsibility

Nevertheless, under Romania’s Civil Code, both parents have an obligation to support their children financially, whether married, separated or divorced. The parent who doesn’t have physical custody typically pays child support.

• Courts determine support amounts

Courts will issue child support orders as part of the divorce judgment.

The amounts are set based on factors like both parents’ incomes, the child’s expenses and needs, and the custody arrangement.

• Support is owed until adulthood

In Romania, the duty to pay child support continues until the child reaches age 18. If the child continues approved education after 18, support can extend up to age 26.

Romanian Courts can enforce and modify support orders

If a parent fails to pay court-ordered child support, the other parent can petition the court to enforce the order.

Support amounts can also be modified later if financial circumstances change significantly.

Collecting support across borders

If the paying parent moves abroad, Romania’s membership in the EU allows using EU regulations to enforce the support order in other member countries. The Ministry of Justice offers assistance in these cross-border support cases.

Tips for Seeking Fair Custody and Support Terms

Here are some tips to help you negotiate fair custody and support outcomes in your Romanian divorce:

• Consult a lawyer – Have an experienced Romanian family law attorney review your situation and represent your interests in custody and support matters.

• Focus on your child’s best interests – Keep your child’s well-being the top priority and be prepared to compromise with your ex.

• Document your position – Track details like your involvement in child-rearing, your income, and your child’s expenses to support your custody and support proposals.

• Know your rights and obligations – Learn about Romanian legal standards for custody and support so you can advocate effectively for yourself and your child.

• Be cooperative – The court will look favorably on parents who work together. Stay calm and reasonable in negotiations.

• Get help if needed – If domestic violence is involved, contact support services so you can address safety concerns in your divorce.

Going through a divorce with children involved brings many challenges.

Understanding Romania’s custody and support laws allows you to obtain fair terms focused on your child’s best interests.

Remember that every situation is unique, so it’s important to seek legal advice from an experienced Romanian lawyer specializing in divorce law.

Real estate law in Romania can be complex, and many people have questions about how to navigate this legal landscape

Whether you are buying or selling property, or simply want to understand your rights and obligations as a property owner, it is essential to have a good understanding of Romanian real estate law.

In this article, we will answer the 10 most asked questions about real estate law in Romania.

Q1: What are the requirements for buying a property in Romania?
The requirements for buying a property in Romania differ depending on your citizenship. If you are an EU or EEA citizen, you can buy property in Romania without any restrictions. However, you will need a Fiscal Identification Number to complete the process if you are an EU citizen without a Romanian Personal Identification Number. If you are a non-EU citizen, you can only possess a building or other structure, not the land on which it is constructed. To use the land, you will need a permit. It is also important to confirm that the seller owns the property and to check the land survey records for a report from the land registration.

Q2: What is the process for buying a property in Romania?
The process for buying a property in Romania involves several steps. First, you will need to find a property you wish to purchase. Once you have found a property, you will need to hire a Romanian licensed attorney to assist with due diligence and help you draft a sale or purchase contract or real estate purchase promissory agreement. Both the buyer and the seller will be present at the closing together with a local notary. The property will then officially be yours after the deed has been recorded in the Romanian Land Registry. The costs for the purchase will also include transfer tax, notary fees, local taxes, and registration fees.

Q3: What is the due diligence process when purchasing a property in Romania?
Due diligence is an essential part of the process when purchasing a property in Romania. A due diligence report of the property can be prepared by a Romanian lawyer to analyze the legal situation. This report will provide information on the characteristics of the property, owners, risks, and legal restrictions. Due diligence also involves confirming that the seller owns the property and checking the land survey records for a report from the land registration.

Q4: What is the role of a Romanian real estate lawyer?
A Romanian real estate lawyer plays a crucial role in the process of buying and selling property in Romania. They can offer legal assistance with due diligence, drafting sale or purchase contracts, and representing clients in negotiations. A real estate lawyer can also help clients with property disputes and litigation, foreclosures, deed transfers, and coordination with lending agents or any other parties involved in the sale or purchase of a property.

Q5: What are the zoning restrictions for properties in Romania?
Zoning restrictions in Romania vary depending on the location of the property. The local government sets the zoning restrictions for each area, and they determine how the property can be used. It is important to check the zoning restrictions before purchasing a property to ensure that it can be used for the intended purpose.

Q6: What are the taxes associated with buying and selling property in Romania?
The taxes associated with buying and selling property in Romania include transfer tax, notary fees, local taxes, and registration fees. The transfer tax is based on the purchase price of the property and is typically paid by the buyer. Notary fees and registration fees are also paid by the buyer. Local taxes are typically paid by the seller.

Q7: What is the Romanian Civil Code, and how does it relate to real estate law?
The Romanian Civil Code is the legal framework that governs property law in Romania. It defines the rights and obligations of property owners, sets out the rules for property transactions, and regulates property disputes. It is important to understand the Romanian Civil Code when buying or selling property in Romania.

Q8: What is the Romanian Land Registry, and why is it important?
The Romanian Land Registry is a public record of all land and property ownership in Romania. It provides information on the legal status of the property, including ownership, mortgages, and liens. It is essential to check the Romanian Land Registry when purchasing a property to ensure that the seller owns the property and that there are no outstanding mortgages or liens.

Q9: What is a cadastral documentation, and why is it important?
Cadastral documentation is a record of the exact location, size, and boundaries of a property. It is essential to obtain cadastral documentation when purchasing a property to ensure that the property’s boundaries are clearly defined, and there are no disputes over its ownership.

Q10: What is the process for resolving property disputes in Romania?
Property disputes in Romania can be resolved through negotiation, mediation, or litigation. It is always best to try to resolve disputes through negotiation or mediation before resorting to litigation. If litigation is necessary, a Romanian real estate lawyer can represent you in court and help you achieve a favorable outcome. It is important to note that property disputes can be complex and time-consuming, so it is best to seek legal advice as soon as possible if yo

In conclusion, understanding real estate law in Romania is essential when buying or selling property in the country. The process of purchasing a property in Romania involves several steps, including due diligence, drafting sale or purchase contracts, and registering the property with the Romanian Land Registry. A Romanian real estate lawyer can provide invaluable assistance throughout this process, ensuring that your rights are protected and that the transaction proceeds smoothly.

By understanding the legal framework surrounding property transactions in Romania, you can avoid potential pitfalls and ensure that your investment is protected.

Depending on your citizenship, the procedure for purchasing a new property in Romania can vary.

Fortunately, as long as the property serves as your secondary residence, EU and EEA individuals will have no trouble purchasing real estate in Romania.

You will need a Fiscal Identification Number to complete the process if you are an EU citizen without a Romanian Personal Identification Number.

If you have your residency permit, getting this number is simple. The contract will be void if you don’t begin the procedure of obtaining this Fiscal Identity Number before you begin the purchasing process.

The procedure will be a little more challenging for a non-EU citizen because a non-EU citizen can typically possess a building or other structure but not the land on which it is constructed.

To utilize the home and land, they will instead need a permit; nevertheless, if the building is demolished, they will lose all legal rights to the property.

In order to confirm the seller owns the property and to check the land survey records for a report from the land registration, you will also need to locate a Romanian licensed attorney.

Also, a real estate Romanian lawyer can do a due diligence report of the property in order to analyze the legal situation.

Our Romanian lawyers can offer the legal help with a real estate due-diligence (information on the characteristics of the property, owners, risks and legal restrictions)  and also to draft a sale or purchase contract or real estate purchase promissory agreement, while providing assistance and representation in the negotiation process for concluding such contracts.

Both the buyer and the seller will be present at the closing together with a local notary. The property will then officially be yours after the deed has been recorded in the Romanian Land Registry.

The costs for the purchase will also include transfer tax, notary fees, local taxes, and registration fees.

Contact us for further information.

According to article 373 of the Romanian Civil Code, the divorce can take place for several reasons, respectively:

–By the agreement of the spouses, at the request of both spouses or of one of the spouses if it is accepted by the other spouse;

–When, due to valid reasons, the relationship between the spouses is seriously damaged and the continuation of the marriage is no longer possible.

-At the request of one of the spouses, after a de facto separation lasting at least 2 years.

–At the request of one of the spouses whose state of health makes it impossible to continue the marriage;

Divorce for good reasons that make it impossible to continue the marriage.

The reasons are not described by the Civil Code, but most divorce cases are initiated precisely because of such solid grounds.

If the fault belongs to both, that is, you no longer understand each other and the marriage is no longer a peaceful and harmonious one, nor can you fix it, the fault or guilt is shared (i.e, both spouses are to blame for the breakdown of the marriage). It means that you no longer love and want to be together so you are constantly fighting. If the fault belongs only to one spouse, that is, that spouse has a behavior or has done a certain deed that cannot be forgiven, the fault of the marriage is exclusive.

The rule in the Romanian law is that the divorce is pronounced on the joint fault of the spouses, given that (in general) both contribute to the breakdown of the marriage to a greater or lesser extent.

In the conditions where the divorce would be pronounced due to joint fault and there are no children in the relationship or there are no chlidren but you have agreed on parental authority, our team of romanian divorce lawyers advice is to opt for a divorce by agreement.

According to the provisions of art. 933 para. (1) of the Romanian Code of Civil Procedure “The court will pronounce the divorce due to the fault of the defendant spouse when, due to solid reasons attributable to him, the relations between the spouses are seriously damaged and the continuation of the marriage is no longer possible.”

In other words, if only one of the spouses is to blame for the breakup of the marriage, then the court will dissolve the marriage, considering the exclusive fault of this spouse.

The Romanian Law does not limit these cases (nor could it, given the complexity of relationships in a couple) but in practice we have identified the following cases of exclusive fault as usual reasons:

• the infidelity of one of the spouses;
• domestic violence of one of the spouses;
• alcohol, drug or gambling addiction of one of the spouses;
• bad treatment applied to children by one of the spouses; neglect of the family by one of the spouses;

Reasons why you should seek a dissolution of the marriage due to the sole fault of the defendant:

• Moral damages – you can get compensation for the damage suffered as a result of the dissolution of the marriage.
• Compensatory benefit – if the marriage lasted for more than 20 years and the dissolution of the marriage would produce a major imbalance in your life, you can obtain the obligation of the guilty spouse to pay periodic damages called compensatory benefit.
•  Parental authority – since the grounds for dissolution of marriage partly overlap with those regarding sole parental authority, a valid reason for seeking dissolution of marriage due to the sole fault of the other spouse is to obtain sole parental authority and domicile of the minor.

Sole fault  would actually lead to more legal fight from the other spouse and a longer trial.

For more info on this subject, please contact us!