Foreign Judgements In Romania

Foreign Judgments in Romania: Recognition & Enforcement

Foreign Judgments in Romania: Recognition & Enforcement

Ever thought about how a foreign court’s decision could affect your rights in Romania?

Recognizing and enforcing foreign judgments in Romania is a key part of International Law.

It impacts both businesses and individuals.

Recognition and enforcement of foreign judgements Romania

Romania has a system for dealing with foreign court decisions.

It respects international rulings while protecting its own laws.

Knowing how Romanian rules work is vital, whether you face a money judgment, a mandatory order, or a decision from another EU country.

When Romania recognizes foreign court decisions, it looks at several things.

These include if the judgment is final, if the court had the right to make it, and if it goes against Romanian public policy.

To enforce foreign judgments in Romania, you need to understand both local and international laws well.

Key Takeaways

  • Romania recognizes judgments from both contentious and non-contentious proceedings
  • Full recognition applies to personal status decisions and those meeting specific criteria
  • Finality of the foreign decision is crucial for recognition in Romania
  • Documents must be translated and legalized for the recognition process
  • Recognition can be refused on grounds of public policy violations or jurisdictional issues
  • EU judgments benefit from a simplified enforcement procedure in Romania
  • Non-EU judgments require an exequatur procedure under Romanian law

Legal Framework for Foreign Judgment Recognition in Romania

Romania has a complex legal system for recognizing foreign judgments.

It combines domestic laws, international agreements, and EU rules.

Knowing these parts is key to understanding how judgments are recognized in Romanian courts.

Domestic Laws and Regulations

The Civil Procedure Code (Law 134/2010) and the Civil Code (Law 287/2009) are the main laws.

They set the rules for recognizing and enforcing foreign judgments.

These laws explain the steps, what’s needed, and when foreign judgments can be accepted or rejected in Romania.

International Conventions and Bilateral Treaties

Romania follows the principle of comity of nations through international agreements.

It’s part of the Lugano Convention and the Hague Conventions on Civil Procedure and Choice of Court Agreements.

Romania also has treaties with about 17 countries, like Albania, Algeria, Russia, China, and Cuba.

These treaties help in recognizing judgments between countries.

EU Regulations Applicable in Romania

Being an EU member, Romania follows EU rules for recognizing judgments from other EU countries.

The Brussels Ibis Regulation (1215/2012) makes it easier to enforce judgments within the EU.

Brussels II (2201/2003) deals with family law matters.

Recognizing foreign arbitral awards in Romania also has its own rules.

This system ensures Romania balances recognizing foreign judgments with its legal rights and international duties.

Competent Courts for Foreign Judgment Cases

In Romania, second-degree courts called tribunals deal with foreign judgments.

The court’s role depends on the case type and where the defendant is.

For cases about recognizing foreign judgments in Romania, the tribunal in the defendant’s district has the power.

If the defendant is nowhere to be found or outside Romania, the Bucharest Tribunal steps in.

For enforcing foreign judgments, the tribunal in the county where the action happens has the authority.

This setup makes sure foreign judgment cases are handled well in Romania.

Case Type Competent Court Jurisdiction Criteria
Recognition Tribunal Defendant’s district
Recognition (Unknown/Foreign Defendant) Bucharest Tribunal Default jurisdiction
Enforcement Tribunal County of forced execution

The Romanian civil procedure has a clear way to deal with foreign judgments.

It makes sure cases are handled well and follow international standards.

Recognition vs. Enforcement: Understanding the Distinction

When dealing with foreign judgments in Romania, it’s crucial to understand the difference between recognition and enforcement.

These two processes play distinct roles in enforcing international judgments in Romania.

Effects of Recognition

Recognition gives a foreign judgment res judicata status in Romania.

This means the court acknowledges the decision as final and binding.

Once recognized, the judgment carries the same weight as a Romanian court decision.

It prevents parties from re-litigating the same issues in Romanian courts.

Purpose of Enforcement Proceedings

Enforcement goes a step further than recognition.

It allows the winning party to take action based on the judgment.

Through enforcement, you can collect money owed or compel specific actions.

The process turns the foreign ruling into an enforceable title in Romania.

While recognition and enforcement often go hand-in-hand, they serve different purposes.

Recognition alone doesn’t allow forced execution. Enforcement is necessary to take concrete steps against the losing party.

Understanding these distinctions is key when dealing with foreign judgments in Romanian legal proceedings.

Types of Enforceable Foreign Judgments in Romania

Romania accepts different kinds of foreign judgments for enforcement.

This is key for recovering debts across borders.

Knowing these types helps you enforce foreign money judgments in Romania better.

Monetary Judgments

Foreign money judgments are usually enforceable in Romania.

These include orders for specific payments or financial compensation.

Romanian courts enforce these judgments if they meet legal standards and don’t go against public policy.

Mandatory and Prohibitory Orders

Romanian courts also enforce mandatory and prohibitory orders from abroad.

This includes injunctions, specific performance orders, or restraining orders.

These judgments help with effective debt recovery across borders.

Foreign money judgments Romania

Treatment of Default Judgments and Punitive Damages

Default judgments and punitive damages are not automatically banned in Romania.

They might be reviewed for public policy violations.

Romanian courts carefully check these judgments, focusing on fairness and legal standards in debt recovery cases.

Judgment Type Enforcement in Romania
Monetary Judgments Generally enforceable
Mandatory Orders Recognized and enforced
Prohibitory Orders Recognized and enforced
Default Judgments Subject to scrutiny
Punitive Damages Carefully assessed

Formal Requirements for Recognition and Enforcement

The exequatur procedure in Romania has clear rules in the civil procedure code.

To get a foreign judgment recognized and enforced, you must follow strict rules.

Your request must include important details like the names of the parties, claims, legal reasons, and evidence.

Your signature as the submitting party is also key.

  • Copy of the foreign judgment
  • Proof of judgment finality
  • Evidence of proper notification to the counterparty

To enforce the judgment, you need to show it’s enforceable in the country where it was made.

Depending on where it came from, you might need a Romanian translation and authentication or an apostille.

Document Type Requirement
Foreign Judgment Copy Authenticated
Proof of Finality Official certification
Notification Evidence Court-issued document
Enforceability Proof Issuing state certification

Remember, judgments about personal status can be recognized directly if they involve citizens of the issuing state.

The Romanian civil procedure code has specific time limits for enforcement, depending on the rights involved.

Recognition and Enforcement of Foreign Judgements Romania: Process Overview

The process of recognizing and enforcing foreign judgments in Romania is key for working together across borders.

It has specific steps and rules to make sure legal actions are followed well.

Application Procedure

To start the recognition and enforcement process, you need to file a request with the right Romanian tribunal.

The court checks if everything is in order without looking at the case’s details. You must say if you want recognition, enforcement, or both.

Required Documentation

When you apply, you must give:

  • A copy of the foreign judgment;
  • Proof that the judgment is final;
  • Proof of proper service;
  • Certified translations of all documents.

Timeframes and Deadlines

The time limit for enforcing a judgment in Romania is usually 3 years. For property rights, it’s 10 years.

These start when the foreign judgment is final.

Romanian courts often favor recognizing foreign judgments.

This helps in enforcing laws across borders efficiently.

But, all requirements must be met and no valid reasons for refusal can exist.

Grounds for Refusal of Foreign Judgment Recognition

Romanian courts check foreign judgments carefully before they are recognized.

They look at several important factors.

This makes sure the judgments follow private international law and the principle of reciprocity.

Public Policy Violations

Courts might not recognize a judgment if it goes against Romanian public policy.

This happens when a judgment breaks key legal rules or moral standards in Romania.

Jurisdictional Issues

Recognition can be refused if the foreign court didn’t have the right to make the judgment.

Romanian courts check if the court had the authority to make the judgment based on international law.

Due Process Concerns

Judgments made without due process rights are often rejected.

This includes cases where people weren’t fairly notified or given a chance to defend themselves.

Other reasons for refusal include judgments that conflict with Romanian laws or previous decisions from other countries.

It’s key to remember that Romanian courts don’t judge the merits of foreign judgments.

They only check if the judgments meet the recognition conditions.

Refusal Ground Description Example
Public Policy Violation Judgment contradicts fundamental Romanian legal principles Enforcing a polygamous marriage contract
Jurisdictional Issue Foreign court lacked proper authority to make judgment Ruling on Romanian real estate by non-Romanian court
Due Process Violation Parties denied fair notice or opportunity to present case Defendant not notified of proceedings against them
Conflicting Judgments Incompatibility with existing Romanian or prior foreign decisions Contradictory rulings on child custody between countries

Enforcement of EU Member State Judgments in Romania

Romania has a simple way to enforce judgments from other EU countries.

This is thanks to the EU Brussels Ibis Regulation.

It makes it easier to enforce judgments across the European Union.

Applicability of EU Regulation 1215/2012

The EU Brussels Ibis Regulation, also known as Regulation (EU) 1215/2012, helps enforce judgments from EU courts in Romania.

It removes the need for a formal declaration of enforceability.

This makes the process quicker and more efficient.

Foreign Judgements in Romania

 

Simplified Enforcement Procedure

Under this regulation, a judgment from an EU Member State must be enforced in Romania like a Romanian court judgment.

The steps are easy:

  • Provide a copy of the judgment
  • Submit a certificate of enforceability
  • Include translations if necessary

Romanian courts can only refuse enforcement in a few cases.

These include public policy violations, due process concerns, or judgments that contradict others.

They cannot question the original court’s jurisdiction or the case’s merits.

This simplified process under the EU Brussels Ibis Regulation makes enforcing judgments between EU member states easier.

It leads to faster and more predictable results for creditors trying to enforce judgments across EU borders.

Recognition and Enforcement of Non-EU Judgments

Foreign court rulings in Romania have their own rules.

This includes judgments from the UK after Brexit.

The Romanian Civil Procedure Code explains how to handle these cases, focusing on working together internationally.

Exequatur Procedure under Romanian Civil Procedure Code

The exequatur process in Romania needs the foreign judgment to be final.

Your application must include important documents and details.

The Romanian court checks these without looking into the judgment’s details.

Reciprocity Requirements

Recognizing non-EU judgments also depends on fairness between Romania and the issuing state.

The court makes sure the issuing court had the right to make the judgment.

Remember, foreign court rulings in Romania can be refused if they go against public policy or due process.

Conclusion

Understanding how to deal with foreign judgments in Romania is complex.

The rules are set out in the Code of Civil Procedure and international agreements.

These rules help ensure the law is followed and cooperation between countries is promoted.

The process of recognizing foreign judgments involves detailed steps.

These steps include checking if the judgment is final and if it goes against local laws.

A lawyer in Romania can help navigate these steps, making sure everything is done right.

EU laws and treaties make it easier for judgments to be recognized in Romania.

This helps European citizens and businesses. It also makes cross-border legal issues less complicated.

Dealing with foreign judgments in Romania is a detailed process.

It involves checking many legal rules.

Our team of lawyers in Romania know these rules and this is considered to be the key for fair and smooth international legal actions.

FAQ

What legal framework governs the recognition and enforcement of foreign judgments in Romania?

In Romania, laws like Book VII, Title III of the Civil Procedure Code, and Emergency Ordinance 119/2006 play key roles.

The Civil Code’s Book VII also has important provisions.

Romania also follows international treaties and EU regulations, such as the Lugano Convention and Brussels Ibis.

Which courts in Romania have jurisdiction over cases involving the recognition and enforcement of foreign judgments?

Tribunals, or second-degree courts, handle these cases.

For recognition, the tribunal in the defendant’s district is responsible.

For enforcement, the tribunal in the county where execution happens is in charge.

What is the difference between recognition and enforcement of a foreign judgment in Romania?

Recognition makes the foreign judgment final and binding.

Enforcement allows the creditor to take action against the debtor.

Recognition alone doesn’t allow for execution, but enforcement does.

What types of foreign judgments can be enforced in Romania?

Romania can enforce monetary judgments and certain orders.

Default judgments and punitive damages might be tricky, as they could violate public order if they’re not fair.

What formal requirements must be met for a foreign judgment to be recognized and enforced in Romania?

You need a copy of the judgment and proof it’s final.

You also need to show the debtor was notified and that the judgment can be enforced where it was made.

Documents might need translation and authentication.

What are the potential grounds for refusing recognition and enforcement of a foreign judgment in Romania?

Recognition and enforcement can be refused if the judgment goes against Romanian public policy.

Issues with jurisdiction or due process can also be grounds.

Incompatibility with a Romanian judgment or another state’s judgment is another reason.

How does the procedure for recognizing and enforcing judgments from EU member states differ from that for non-EU judgments in Romania?

EU judgments have a simpler process under Regulation 1215/2012.

Non-EU judgments, including post-Brexit UK judgments, need the exequatur procedure.

This involves an application and checking if the judgment meets the necessary conditions.

What is the process for recognition and enforcement of foreign judgments in Romania?

The process for recognition and enforcement of foreign judgments in Romania involves several steps:

1. Filing a request for recognition with the competent Romanian court.

2. Providing the necessary documentation, including the original foreign judgment and its certified translation.

3. The court examines the conditions for recognition as stipulated in Romanian law.

4. If the conditions are met, the court issues a decision granting recognition and enforcement.

5. Once recognized, the foreign judgment can be enforced in Romania through the standard enforcement procedure. This process is governed by the Romanian Private International Law and the Civil Procedure Code.

It’s important to note that Romania is also party to various international conventions that may affect this process for judgments from certain countries.

What are the main conditions for recognition of a foreign judgment in Romania?

The main conditions for recognition of a foreign judgment in Romania include:

1. The judgment must be final and enforceable in the country where it was rendered.

2. The foreign court must have had jurisdiction according to Romanian private international law principles.

3. The parties must have had a fair trial opportunity in the foreign court proceedings.

4. The judgment must not conflict with a previous Romanian court judgment on the same matter.

5. The recognition and enforcement must not violate Romanian public order.

6. The judgment must not have been obtained fraudulently.

7. The matter should not fall under the exclusive jurisdiction of Romanian courts.

These conditions are assessed by the Romanian court during the recognition and enforcement process.

Litigation in Romania

An Overview of Litigation in Romania

An Overview of Litigation in Romania: Rules, Laws and Regulations Explained

​Litigation is the process of taking someone to court in order to resolve a legal dispute.

If you have been wronged and are looking to sue someone in Romania, it is important to understand the rules, laws, and regulations that apply in this country.

This overview will provide you with some basic information about litigation in Romania so that you can make informed decisions about your case.

The first step in any litigation case is to determine whether you have grounds for a lawsuit.

In Romania, there are three general categories of cases that can be brought to court: civil cases, criminal cases, and administrative cases.

  • Civil cases typically involve disputes between two private parties, such as a contract dispute or a personal injury claim.
  • Criminal cases are brought by the state against an individual accused of committing a crime.
  • Administrative cases are usually brought by the government against a private party, such as a company that is violating environmental regulations.

Once you have determined that you have grounds for a lawsuit, the next step is to find a lawyer who can represent you in court.

It is important to find a Romanian lawyer who is familiar with the specific type of case that you are bringing, as well as the Romanian legal system.

Once you have retained a lawyer, they will begin gathering evidence and preparing your case for trial.

If your case goes to trial, it will be heard by a panel of judges.

The number of judges on the panel will depend on the type of case being heard.

In most civil and criminal cases, there will be three judges.

In administrative cases, there may be only one judge or a panel of multiple judges.

The judges will hear arguments from both sides and then render a decision.

If the decision is in your favor, the other party will be ordered to take some kind of action, such as paying damages or returning property.

If the decision is not in your favor, you may appeal the decision to a higher court.

Litigation can be a lengthy and complicated process, so it is important to understand the rules and regulations that apply in Romania before beginning your case.

By understanding the basics of the Romanian legal system, you can make informed decisions about your case and choose the best course of action for your particular situation.

Types of Litigation in Romania

​There are many different types of litigation that can take place in Romania.

Some of the most common include:

1. Civil Litigation: This type of litigation involves one party suing another for damages that have been inflicted. This can be in the form of physical or emotional damages, financial damages, or even property damage.

2. Commercial Litigation: This type of litigation occurs when two businesses are in dispute with one another. This can be over contracts, disagreements on products or services, or even intellectual property disputes.

3. Criminal Litigation: This type of litigation is brought about when someone has been accused of committing a crime. This can be anything from a minor offense to a major felony.

4. Employment Litigation: This type of litigation occurs when there is a dispute between an employer and an employee. This can be over things like wages, hours, working conditions, or even wrongful termination.

5. Family Litigation: This type of litigation is usually between family members who are in dispute with one another. This can be over things like child custody, visitation rights, or even property division.

6. Personal Injury Litigation: This type of litigation occurs when someone has been injured due to the negligence of another person. This can be in the form of a car accident, slip and fall, or even medical malpractice.

7. Real Estate Litigation: This type of litigation occurs when there is a dispute over real estate. This can be over things like boundary disputes, easements, or even title disputes.

8. Probate litigation: This type of litigation occurs when there is a dispute over someone’s will or estate. This can be over things like the distribution of assets, the validity of the will, or even challenges to the executor of the estate.

No matter what type of litigation is taking place, it is always important to have an experienced Romanian attorney by your side.

Litigation can be a complex and time-consuming process, so it is important to have someone who knows the ins and outs of the legal system.

If you are involved in any type of litigation in Romania, contact an experienced attorney today.

Courts and Litigation in Romania

​In Romania, the court system is divided into four levels:

  • the first instance courts,
  • the appellate courts,
  • the high court of cassation and justice, and
  • the constitutional court.

 

  • The first instance courts are the courts of general jurisdiction and are divided into three categories: the county courts, the regional courts, and the tribunals.

The county courts have territorial jurisdiction over a specific county, while the regional courts have territorial jurisdiction over a group of counties. The tribunals are specialized courts that have jurisdiction over certain types of cases, such as labor disputes or cases involving minors.

  • The appellate courts are the second level of the Romanian court system.

They consist of the court of appeal and the high court of cassation and justice. The court of appeal hears appeals from the first instance courts, while the high court of cassation and justice hears appeals from the appellate courts.

  • The constitutional court is the highest level of the Romanian court system and is responsible for ensuring that the Constitution is respected.

Litigation in Romania is governed by the Civil Procedure Code, which regulates all aspects of civil procedure, from filing a lawsuit to executing a judgment.

The Code is divided into five parts:

  • general provisions,
  • procedural principles,
  • parties to the proceedings,
  • special proceedings, and
  • execution of judgments.

Under Romanian law, anyone who has been harmed by another person or entity has the right to sue for damages.

If the person or entity against whom the suit is filed is located in Romania, the case will be heard by a Romanian court.

If the person or entity is located in another country, the case may be heard by a Romanian court if Romania has a bilateral or multilateral agreement with that country.

Romanian law recognizes two types of damages: pecuniary damages and non-pecuniary damages.

Pecuniary damages are those that can be quantified in monetary terms, such as loss of income or medical expenses.

Non-pecuniary damages are those that cannot be quantified in monetary terms, such as pain and suffering.

Starting a Litigation Case in Romania

​If you are thinking about starting a litigation case in Romania, there are a few things you should know.

Romania is a civil law country, which means that the legal system is primarily based on written laws, as opposed to common law, which relies more on judicial precedent.

This can make it a little bit more difficult to sue someone in Romania, but it is not impossible.

There are a few steps you will need to take in order to start your litigation case in Romania.

First, you will need to find a lawyer who is licensed to practice in Romania and who has experience with litigation cases.

It is important to find a lawyer who you feel comfortable working with and who you feel confident will represent you well.

Once you have found a lawyer, you will need to gather all of the evidence you have to support your case.

This may include witness statements, documents, photographs, or anything else that will help to prove your case.

Once you have gathered all of your evidence, your lawyer will draft a complaint and file it with the court.

After your complaint has been filed, the court will set a date for a hearing.

At the hearing, both sides will present their evidence and arguments.

The judge will then make a decision on the case. If the judge decides in your favor, you will be awarded damages.

If the judge decides against you, you may appeal the decision.

Starting a litigation case in Romania can be a bit of a challenge, but it is not impossible.

With the help of an experienced lawyer, you can gather the evidence you need to support your case and present your argument in court.

Romania Litigation Process and Procedures

​The Romanian legal system is based on the civil law tradition.

This means that laws are codified and judges are bound by legal precedent.

The main source of law is the Constitution of Romania, which was adopted in 1991.

Romania is a member of the European Union and its legal system is therefore subject to the influence of European Union law.

The Romanian court system is hierarchical.

  • The courts of first instance are the courts of law, which hear criminal and civil cases.
  • The courts of appeal are the tribunals, which hear appeals from the courts of law.
  • The High Court of Cassation and Justice is the court of final appeal and review.
  • The Constitutional Court of Romania is the body competent to adjudicate on the constitutionality of laws and regulations.

Romania has a dualist legal system, which means that international treaties are not automatically incorporated into domestic law.

However, once a treaty is ratified by Romania, it becomes part of Romanian law.

The Romanian legal system recognizes the principle of judicial independence.

Judges are appointed by the President of Romania, on the proposal of the Superior Council of Magistrates, and they can only be removed from office by presidential decree, for reasons of misconduct.

The Romanian judiciary is divided into three types of courts:

  • civil courts,
  • criminal courts and
  • military courts.

Civil courts deal with disputes between private individuals, companies or other legal entities.

These disputes can be either over lawsuits personal in nature, such as divorce or child custody cases, or they can be about money, property or contracts.

Criminal courts deal with cases involving alleged violations of the criminal law.

These cases can be either misdemeanors, which are less serious offenses punishable by a fine or up to 60 days in jail, or felonies, which are more serious offenses punishable by a prison sentence of more than one year.

Military courts have jurisdiction over cases involving members of the Romanian armed forces.

These cases can involve alleged violations of military discipline or crimes committed while on active duty.

The Romanian legal system provides for the right to a fair trial.

This includes the right to counsel, the right to be presumed innocent until proven guilty, the right to a public trial and the right to appeal a decision to a higher court.

If you are involved in a legal dispute in Romania, it is important to understand the Romanian litigation process and procedures.

This process can be complex and time-consuming, so it is important to seek the advice of a qualified Romanian lawyer.

Representing Yourself vs. Hiring a Lawyer in Romania

​There are many factors to consider when deciding whether to represent yourself or hire a lawyer in Romania.

The most important factor is the severity of your charge.

If you are facing a serious charge, it is probably in your best interest to hire a lawyer. If you are facing a less serious charge, you may be able to represent yourself.

Another factor to consider is your financial situation.

If you can afford to hire a lawyer, it may be worth it to do so. If you cannot afford a lawyer, you may have no choice but to represent yourself.

If you decide to represent yourself, there are a few things you should keep in mind.

First, you will be held to the same standard as a lawyer.

This means you will need to know the law and procedures just as well as a lawyer would.

Second, it is important to be respectful to the court and to those around you.

Third, you should be prepared for the possibility that you may lose your case.

If you decide to hire a lawyer, you should make sure to choose one that is experienced in Romanian law.

You should also make sure to ask for references and to meet with the lawyer before hiring them.

Possible Outcomes of Litigation in Romania

​When considering whether to sue someone in Romania, it is important to weigh the potential outcomes of the litigation.

Though no legal case is ever guaranteed, understanding the possible outcomes of your case can help you make an informed decision about whether or not to move forward with legal action.

The first potential outcome is, of course, that you could win your case.

If the court finds in your favor, you will be awarded whatever damages or relief you are seeking.

This is the best-case scenario and, naturally, what everyone who decides to sue hopes for.

However, it is also possible that you could lose your case.

If the court does not find in your favor, you will not be awarded any damages or relief and will likely have to pay the legal fees of the person or entity you sued.

This is obviously not the ideal outcome, but it is a possibility that must be considered.

There is also a third potential outcome, which is that the case could be settled out of court.

This means that you and the person or entity you are suing come to an agreement outside of court and avoid having to go through the litigation process. This can be a good outcome if you are able to reach an agreement that is satisfactory to both parties.

Of course, these are not the only possible outcomes of litigation in Romania.

Every case is different and the specific circumstances will ultimately determine the outcome.

However, these are some of the most common possibilities that you should be aware of before deciding to sue someone in Romania.

Challenges of Litigation in Romania

​Litigation is the process of taking legal action against another person or company.

It can be a long and difficult process, especially in a country like Romania where the legal system is not as developed as in other parts of the world.

There are many challenges that you will face when litigating in Romania, but you can overcome them.

One of the biggest challenges is the language barrier.

Many court documents are only available in Romanian, so you will need to hire a translator if you do not speak the language. This can be expensive and it can be hard to find a translator you trust.

The legal system in Romania is also very different from what you are used to in the other countries. The court system is much slower and it can take years for your case to be finally resolved. This can be very frustrating, but you need to be patient.

Another challenge you may face is the lack of reliable witnesses. In Romania, it is not uncommon for witnesses to be paid off by the party they are testifying against. This makes it very difficult to get accurate information about what really happened.

Despite all these challenges, it is still possible to win your case in Romania.

You just need to be prepared for the difficulties you may face and make sure you have a good Romanian lawyer on your side.

Mediation and Alternative Dispute Resolution in Romania

​Today, mediation and alternative dispute resolution are becoming more popular in Romania.

Mediation is a process where two parties meet with a neutral third party to try to reach an agreement. This is an effective way to resolve disputes without going to court.

Alternative dispute resolution (ADR) is a process where two parties try to reach an agreement without going to court. This can be done through mediation, arbitration, or another process. ADR is often faster and cheaper than going to court.

There are many benefits to mediation and ADR.

  • Mediation can help parties resolve their differences without the need for a lengthy and expensive court battle.
  • It can also help parties to better understand each other’s position and to come up with creative solutions that they may not have thought of on their own.
  • In addition, mediation and ADR can help to preserve relationships. This is especially important in cases where the parties will need to continue to work together after the dispute is resolved, such as in business or family matters.

If you are involved in a dispute, you should consider mediation or ADR as a way to resolve the issue.

 By contacting a local lawyer or legal aid organization, individuals can get the help they need to protect their rights.

Litigation in Romania- FAQ

1. What is litigation and how does it work in Romania?

Litigation refers to the legal process used to settle disputes through a court of law in Romania.

The Romanian legal system follows a civil law framework, and litigation involves the resolution of civil or commercial matters through the courts.

It is governed by the Romanian Civil Procedure Code, which sets out the procedural rules for court cases.

2. Can foreign individuals or companies engage in litigation in Romania?

Yes, foreign individuals or companies can engage in litigation in Romania.

The Romanian legal system provides for the recognition and enforcement of foreign judgments, ensuring that a legal decision obtained in another country can be recognized and enforced in Romania.

However, specific procedures and requirements must be followed to initiate litigation as a foreign entity.

3. What is the role of a law firm in litigation?

A law firm plays a crucial role in litigation by providing legal representation and guidance to individuals or companies involved in a legal dispute.

They assist with preparing the necessary legal documents, advising on the applicable Romanian law, representing clients in court, negotiating settlements, and ensuring their clients’ best interests are protected throughout the litigation process.

4. How can I file an appeal in Romania?

To file an appeal in Romania, you need to follow the procedures set out in the Romanian Civil Procedure Code.

Generally, you will need to submit a written document called a “statement of appeal” to the relevant court within a specific timeframe. The appeal should clearly state the grounds on which you are challenging the court decision and provide supporting arguments and evidence.

5. What happens if I lose a court case in Romania?

If you lose a court case in Romania, you may be required to comply with the court decision, which usually includes fulfilling certain obligations or paying damages to the winning party.

The losing party may also be responsible for paying the legal fees and expenses incurred by both parties throughout the litigation process, unless otherwise determined by the court.

6. What is the role of the Court of Appeal and the High Court in Romania?

The Court of Appeal and the High Court are higher-level courts in Romania that hear appeals from lower courts and have the authority to review and decide on matters of law.

The Court of Appeal is the first instance of appeal, and its decisions are mandatory.