The Role of Lawyers in Romania is to provide legal representation to clients in court proceedings and offer legal advice on various legal matters such as contracts, property rights, family law, criminal law, and more.

Romania has a rich history and culture, and its legal system is no exception.

The modern legal system in Romania dates back to the mid-19th century and is based on French, Belgian, Italian, and German models.

As Romania is part of the EU, there is also heavy influence from EU law.

The judiciary of Romania is organized as a hierarchical system of courts.

The Role of Lawyers in Romania

The Romanian National Union of Bar Associations (UNBR) is the central body responsible for the profession of lawyers in Romania. It is a legal person of public interest comprising all Bar Associations in Romania.

The UNBR ensures qualified exercise of the right of defense, professional competence and discipline, and the protection of the dignity and honor of lawyers who are members of the union.

The legal profession in Romania is regulated by Law no. 51/1995 on the organization and practice of the lawyer’s profession.

Romanian lawyers are called “Avocati”. A large percentage of lawyers in Romania are sole practitioners and operate as one single lawyer.

A lawyer in Romania must be a member of the Romanian Bar Association (Uniunea Nationala a Barourilor din Romania). In Romania, you are qualified as an ~Avocati` after you pass your degree and exams.

The role of lawyers in the Romanian justice system is to provide legal representation to clients in court proceedings.

Lawyers also provide legal advice to clients on various legal matters such as contracts, property rights, family law, criminal law, and more.

Qualifications and Education for Lawyers in Romania:

Becoming a lawyer in Romania requires dedication and a rigorous educational journey.

Prospective lawyers must complete a comprehensive law school education, covering topics such as constitutional law, civil law, and criminal law.

Law schools and legal education in Romania are regulated by Law no. 238/2004 on the organization and functioning of higher education. There are currently 12 law schools in Romania that offer degrees in law.

After graduation, aspiring lawyers must pass the bar exam and obtain a license to practice law.

Moreover, continuing legal education programs ensure that lawyers stay up-to-date with the latest legal developments.

Responsibilities of Lawyers in Romania:

Lawyers in Romania fulfill a wide range of roles and responsibilities, catering to diverse legal needs.

They provide legal representation and advocacy, supporting clients throughout the legal process.

Whether it’s a civil dispute, criminal case, or family matter, lawyers stand by their clients, fighting for their rights and interests.

Moreover, lawyers offer legal advice and counseling, helping individuals and businesses understand their rights and obligations under the law.

They also play a crucial role in drafting and negotiating contracts, ensuring that agreements are legally sound and protect their clients’ interests.

In cases of disputes, lawyers are skilled in litigation and dispute resolution, using their legal expertise to seek fair resolutions.

In the corporate world, lawyers provide a range of legal services, including mergers and acquisitions, compliance, and contract review.

They also handle criminal defense and prosecution, tirelessly working to ensure justice is served.

When it comes to matters of family law and estate planning, lawyers offer guidance on divorce, child custody, and wills.

Additionally, lawyers specializing in intellectual property and technology law protect the rights of creators and innovators.

Ethical Standards and Professional Conduct:

Romanian Lawyers adhere to a strict code of ethics and professional conduct.

When it comes to the role of lawyers in Romania, maintaining ethical standards and professionalism is essential.

Confidentiality and attorney-client privilege are paramount, ensuring clients can trust their lawyers with sensitive information.

The Romanian Lawyer has a duty of loyalty and professional responsibility, acting in the best interests of his clients while avoiding conflicts of interest.

Upholding these ethical standards is vital for maintaining the integrity and credibility of the Romanian legal profession.

Challenges Faced by Lawyers in Romania:

Despite their pivotal role, lawyers in Romania face several challenges.

Backlogs of cases and court delays can hinder access to justice for many individuals.

Furthermore, marginalized communities may struggle to access legal services due to financial constraints or lack of awareness.

Overcoming these challenges requires ongoing legal reforms, increased transparency, and improved access to justice in Romania.

The Future of the Legal Profession in Romania:

Looking ahead, the legal profession in Romania is poised for transformation. Embracing technology and digitalization will streamline legal processes and improve efficiency.

Enhancing legal education and training programs will ensure lawyers are well-equipped to meet the evolving demands of the legal landscape.

Furthermore, strengthening the rule of law and judicial independence will foster trust and confidence in the legal system.

EU law has had a significant impact on the Romanian legal system. As a member of the EU, Romania is subject to EU law which has influenced many areas of Romanian law including competition law, consumer protection law, environmental law, and more.

As Romania continues to be a member of the EU, it will continue to be subject to EU law and its influence on the Romanian legal system will continue to grow.

Lawyers in Romania play a vital role in upholding justice, protecting rights, and guiding individuals and businesses through the complexities of the legal system.

With their expertise and dedication, they provide invaluable services that shape the course of legal proceedings.

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.

Set up a Limited Liability Company in Romania

The most common forms of companies in Romania are the Limited Liability Company, the Joint Stock Company and Branches.

The Limited Liability Company in Romania has:

• The share capital is divided into equal shares and, according to Law no. 31/1990, it cannot be less than 1 RON.
• A Limited Liability Company in Romania may have between 1 and 50 shareholders.
• The shareholders are liable in the limit of the contribution to the share capital.

Documents requested by the Trade Register for the company formation are:

• Proof of reservation of company name
• Articles of incorporation for the new Romanian company
• Excerpts issued by the Trade Register where the shareholders are incorporated- legal entities (if they are)
• The identity document of the shareholders natural persons (ID, Passport)
• Passport or ID of the future director of the Romanian company
• The document attesting the right of use over the space with destination of registered office ( e.g. lease agreement, property) and the ownership property documents
• standard application.

Taxation of LLC company in Romania 2023

The tax rates used for micro-company income tax are:

• 1% for micro-companies with one or more employees.
• 3% for micro-companies with no employees.

The standard corporate income tax rate is 16%. Taxpayers that are carrying on activities such as gambling and nightclubs are either subject to 5% rate of the revenue obtained from such activities or to 16% of the taxable profit, depending on which is higher.

Romanian micro company tax regime starting with the first fiscal year and will remain under this tax regime if it meets all of the following criteria:

• The maximum threshold of annual turnover is EUR 500.000.
• Income generated from consultancy and management activities is not more than 20% of the annual turnover;
• It does not carry out any banking, insurance and reassurance, capital markets, gambling or upstream oil & gas activities;
• The share capital must be held by entities other than the state or the local authorities.

Moreover, the Romanian company has to pay to the state the imposed social contributions (pensions, health, work contribution) and the income tax for each employee.

There are no citizenship or residency requirements in order to register a Limited Company in Romania.

Our team of Romanian Lawyers can assist you for the set up of a LLC in Romania and our team of Romanian accountants can take on the fiscal set up of your newly formatted company.

Contact us for more info in order to set up a Romanian Limited Liability Company.

When buying or selling property in Romania, it’s essential to consider the various taxes associated with the transaction. Real estate taxes in Romania include transfer tax, local taxes, registration fees, and property taxes.

• The transfer tax is calculated based on the property’s purchase price and ranges from 0.5% to 3% depending on the location of the property.
• Notary fees, which are typically between 0.5% and 2% of the purchase price, are paid to the notary public who oversees the transfer of property ownership.
• Local taxes, which are based on the property’s value, range from 0.25% to 1%. Registration fees, which are paid to the Romanian Land Registry when registering the transfer of property ownership, are typically between 0.15% and 0.5% of the purchase price.

It’s important to note that real estate taxes in Romania can vary based on location and other factors.

Therefore, it’s advisable to consult with a Romanian real estate lawyer to get a precise estimate of the taxes involved.

In addition to real estate taxes, there are other costs associated with buying or selling property in Romania.

These include legal fees, survey fees, agency fees, mortgage fees, repairs and renovations, property management fees, utility connection fees, moving costs, and insurance.

• Legal fees are typically between 1% to 3% of the purchase price, while survey fees range from 0.1% to 0.5%.
• Agency fees typically range from 1% to 3% of the purchase price.
• Mortgage fees include application fees, valuation fees, and arrangement fees.
• Repairs and renovations costs vary depending on the work needed to be done.
• Property management fees cover the cost of maintaining common areas in a condominium or apartment complex.
• Utility connection fees vary based on location and services provided.

Property taxes in Romania are calculated based on the property’s value and are paid annually.

The rate of property tax varies depending on the property’s location, but it typically ranges from 0.08% to 0.2%.

To ensure an informed decision and protect your investment, it’s crucial to consult with a Romanian real estate lawyer who can provide a detailed breakdown of all the costs involved.

By carefully considering all of the costs associated with the transaction, you can make an informed decision and ensure that your investment in Romania is protected.

Are you looking for ways to get EU citizenship legally? If so, you’re not alone.

Many people around the world dream of having an EU passport for the benefits it provides, such as visa-free travel to many countries, access to world-class education and healthcare, and the ability to live and work in any EU member state.

In this article, we’ll discuss five legal ways to obtain EU citizenship, including:

1. Citizenship by descent
2. Citizenship by marriage
3. Citizenship by investment
4. Citizenship by naturalization
5. Citizenship by adoption

We’ll explore the eligibility criteria for each option, the application process, and the benefits of obtaining EU citizenship through these channels.

1. Citizenship by Descent

If you have ancestors who were citizens of an EU country, you may be eligible to apply for citizenship by descent. This is one of the most straightforward ways to obtain EU citizenship, as you simply need to prove your lineage and fulfill any other eligibility requirements.
Each EU country has its own rules regarding citizenship by descent, but in general, you’ll need to provide documentation such as birth certificates, marriage certificates, and other evidence of your ancestry. You may also need to demonstrate a certain level of proficiency in the language of the country in question.
Citizenship by descent is a popular option for those with European roots, as it allows them to reconnect with their heritage and gain the benefits of EU citizenship.

2. Citizenship by Marriage

If you’re married to an EU citizen, you may be eligible to apply for citizenship by marriage. This option is available to both men and women, and the requirements vary depending on the country in which your spouse is a citizen.
In general, you’ll need to have been married for a certain period of time, typically two to five years, and demonstrate that you have a genuine relationship with your spouse. You’ll also need to meet any other eligibility criteria, such as language proficiency and residency requirements.
Citizenship by marriage can be a great option for those who are in a committed relationship with an EU citizen and want to make their life together more stable and secure.

3. Citizenship by Investment

Many EU countries offer citizenship by investment programs, which allow individuals to obtain citizenship in exchange for a substantial investment in the country’s economy.

These programs can be expensive, but they can also be an attractive option for those who have the financial means to make a significant investment.

The requirements for citizenship by investment vary depending on the country in question, but in general, you’ll need to invest a certain amount of money in real estate, government bonds, or other approved investments.

You may also need to meet residency requirements and demonstrate a clean criminal record.
Citizenship by investment can be a good option for those who are looking for a relatively fast and straightforward path to EU citizenship, as the investment requirements can often be met within a year or two.

4. Citizenship by Naturalization

Citizenship by naturalization is available to those who have lived in an EU country for a certain period of time and meet other eligibility criteria. The length of time required varies depending on the country, but in most cases, you’ll need to have lived in the country for at least five years.

To qualify for citizenship by naturalization, you’ll also need to meet other requirements such as language proficiency, knowledge of the country’s history and culture, and a clean criminal record.

You may also need to demonstrate that you have been financially self-sufficient during your time in the country.

Citizenship by naturalization can be a good option for those who have already been living in an EU country for an extended period and want to formalize their status as a citizen.

5. Citizenship by adoption

Citizenship by adoption in the European Union (EU) can vary depending on the specific country and its citizenship laws. Generally, adoption alone does not confer citizenship in most EU countries.

In most cases, an adopted child must meet certain criteria to become a citizen, such as residing in the country for a certain period of time or having at least one adoptive parent who is already a citizen.

Additionally, some EU countries may have specific requirements or restrictions for children adopted from certain countries.
It is important to note that citizenship laws can change over time, so it is best to check with the relevant authorities or seek legal advice for the most up-to-date information on citizenship by adoption in a specific EU country.

Our Romanian lawyers will offer details for this matter if you contact us.

The most common forms of companies in Romania are the Limited Liability Company, the Joint Stock Company and Branches.

                                     The Limited Liability Company in Romania has:

• The share capital is divided into equal shares and, according to Law no. 31/1990, it cannot be less than 1 RON.
• A Limited Liability Company in Romania may have between 1 and 50 shareholders.
• The shareholders are liable in the limit of the contribution to the share capital.

       Documents requested by the Trade Register for the company formation are:

• Proof of reservation of company name
• Articles of incorporation for the new Romanian company
• Excerpts issued by the Trade Register where the shareholders are incorporated- legal entities (if they are)
• The identity document of the shareholders natural persons (ID, Passport)
• Passport or ID of the future director of the Romanian company
• The document attesting the right of use over the space with destination of registered office ( e.g. lease agreement, property) and the ownership property documents
• standard application.

                                    Taxation of LLC company in Romania 2023

The tax rates used for micro-company income tax are:

• 1% for micro-companies with one or more employees.
• 3% for micro-companies with no employees.

The standard corporate income tax rate is 16%. Taxpayers that are carrying on activities such as gambling and nightclubs are either subject to 5% rate of the revenue obtained from such activities or to 16% of the taxable profit, depending on which is higher.

Romanian micro company tax regime starting with the first fiscal year and will remain under this tax regime if it meets all of the following criteria:

• The maximum threshold of annual turnover is EUR 500.000.
• Income generated from consultancy and management activities is not more than 20% of the annual turnover;
• It does not carry out any banking, insurance and reassurance, capital markets, gambling or upstream oil & gas activities;
• The share capital must be held by entities other than the state or the local authorities.

Moreover, the Romanian company has to pay to the state the imposed social contributions (pensions, health, work contribution) and the income tax for each employee.

There are no citizenship or residency requirements in order to register a Limited Company in Romania.

Our team of Romanian Lawyers can assist you for the set up of a LLC in Romania and our team of Romanian accountants can take on the fiscal set up of your newly formatted company.

Contact us for more info in order to set up a Romanian Limited Liability Company.

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!