This article explains in clear terms when child maintenance ordered by a Romanian court can be increased, reduced or terminated. You will understand the legal framework, the types of changes in income or needs that justify a new claim, and what practical evidence courts expect in practice.
The article sets out the main legal and factual criteria applied by Romanian courts when deciding where a child should live and how contact with the other parent is organised. It discusses typical contact schedules, situations involving restrictions or supervision and the evidentiary role of psychological assessments and social inquiries in safeguarding the child’s welfare. ([Cabinet Avocat Măglaș][22])
This article explains the Romanian regime of community of property between spouses, the options for amicable division before a notary and the main features of court proceedings when no agreement is possible. It sets out the factors courts consider in allocating assets, the role of evidence on contributions and debt, and practical tips for achieving a balanced settlement. ([Cabinet Avocat Măglaș][20])
The article discusses the rules on heirs’ liability for estate debts under the Romanian Civil Code and how renunciation or limited acceptance affects that liability. It explains the formalities and deadlines for each option and gives practical guidance for heirs facing an insolvent or heavily indebted estate. ([Cabinet Avocat Măglaș][18])
This article explains the legal framework for condominium owners’ associations in Romania, including categories of expenses, allocation criteria and the right to information and supporting documents. It then describes how to contest maintenance lists and general meeting resolutions, relevant deadlines and common grounds relied on in court to invalidate abusive decisions. ([Cabinet Avocat Măglaș][16])
The article explains the legal definition of hidden defects in real estate under Romanian law, focusing on the seriousness, timing and discoverability of the defect. It sets out the buyer’s main options – repair, price reduction or contract termination – and highlights evidentiary issues and case-law examples relevant to successfully suing the seller. ([Cabinet Avocat Măglaș][14])
This article clarifies the legal concepts of termination, rescission and nullity in the context of Romanian real estate sale contracts and the limited cases in which they can be invoked. It explains the creditor’s choice between forcing performance and seeking contract termination, the restitution of price and property and the interaction with mortgages and third-party rights.
The article explores the Romanian “dare în plată” mechanism introduced by Law 77/2016, outlining eligibility criteria for debtors and loans, as well as the legal consequences of transferring the mortgaged property. It discusses key Constitutional Court and High Court decisions, the position of banks and typical mistakes that can undermine the chances of a successful application. ([Cabinet Avocat Măglaș][10])
This article explains the legal test for abusive clauses under Romanian and EU consumer law, with practical examples from credit agreements and utility or telecom contracts. It details the administrative and court routes available to consumers, the potential outcomes of a successful challenge and how case-law has shaped the interpretation of unfair terms. ([Cabinet Avocat Măglaș][8])
The article explains what qualifies as an enforceable title for child support in Romania and how enforcement proceedings are initiated and conducted. It discusses typical enforcement methods, the interaction with criminal liability for non-payment and practical options available to the custodial parent to secure regular payments for the child. ([Cabinet Avocat Măglaș][6])
This article outlines the main stages of forced sale of real estate in Romanian enforcement proceedings, from appraisal and auction notices to the actual bidding and distribution of the sale price. It explains the remedies available to debtors and co-owners, including challenges to auction irregularities, and highlights key legal safeguards intended to prevent abuses. ([Cabinet Avocat Măglaș][4])
The article presents a practical overview of the Romanian “contestație la executare”, explaining when you can challenge the enforcement as a whole or specific enforcement acts. It covers statutory deadlines, common grounds used in practice, the possibility to obtain suspension of enforcement and the type of evidence needed to convince the court. ([Cabinet Avocat Măglaș][2])
The article outlines the main ways in which Romanian tax audits can evolve into criminal investigations for tax evasion or related offences. It discusses the evidentiary role of the tax inspection report, typical patterns flagged by ANAF and prosecutors, and how taxpayers and company directors can coordinate their defence in both the fiscal and criminal proceedings. ([Cabinet Avocat Măglaș][10])
The article explains in practical terms how Romanian law distinguishes drug trafficking from possession for personal use, which quantity thresholds matter and what penalties apply. It also outlines legitimate defence strategies depending on the type of drug, the role of the accused and the procedural stage of the case. ([Cabinet Avocat Măglaș][2])
This article compares the offences of abuse of trust and fraudulent management under the Romanian Criminal Code, setting out their legal definitions, common elements and key differences. It uses practical business examples (unrepaid loans, stock mismanagement, money collected for others) and refers to Romanian and European case law to show how breaches of trust can turn into criminal cases and seriously affect long-term commercial relationships. ([Măglaș Avocat București][5])
The article outlines how EU-funded projects in Romania are governed by strict eligibility, procurement, reporting and control rules and how serious deviations can trigger both financial corrections and criminal liability. It maps the roles of OLAF, EPPO and national authorities, explains the legal framework in Law no. 78/2000, the Criminal Code and GEO no. 66/2011, and shows when beneficiaries and consultants can move from mere irregularities into suspected EU-funds fraud. ([Măglaș Avocat București][4])
The article explains in clear terms what embezzlement means under the Romanian Criminal Code, how it differs from theft, abuse of office and fraudulent management, and which assets and roles are typically involved. It details the legal framework (Articles 295, 308 and 309 Criminal Code), practical examples for directors, accountants and cashiers, the range of penalties and long-term consequences, as well as internal prevention measures organisations can take. ([Măglaș Avocat București][1])
The article clarifies that insolvency is not, by itself, a crime, but the way directors and shareholders manage the pre-insolvency period and the procedure can trigger simple or fraudulent bankruptcy. It explains the legal framework under Law no. 85/2014 and the Criminal Code, the duty to file for insolvency in due time, typical patterns that courts treat as fraudulent bankruptcy and the range of criminal sanctions and practical defence arguments available to directors. ([Măglaș Avocat București][4])
This article provides a practical map of the main white-collar offences that typically affect Romanian entrepreneurs, managers and finance directors: tax evasion, money laundering, embezzlement, breach of trust and fraudulent bankruptcy. It points to the key legal sources, explains how these offences appear in day-to-day business practice and offers concrete prevention and compliance measures so that both the company and its decision-makers reduce their criminal risk. ([Măglaș Avocat București][3])
The article explains how Romanian law treats companies, associations and other entities as full criminal law subjects under Title VI of the Criminal Code and why this matters for entrepreneurs and managers. It details the range of possible sanctions for legal entities, from high criminal fines to suspension of activity, public procurement bans and publication of the conviction, and clarifies that these measures usually come in addition to, not instead of, the criminal liability of individual decision-makers. ([Măglaș Avocat București][5])
This article follows a criminal case involving a minor from investigation to the enforcement of educational measures and explains the special rules that differ from those for adults. It sets out the child’s procedural rights under Romanian law and international standards, the safeguards around hearings and detention, and the concrete role that parents or guardians should play to support the minor without undermining his or her evolving autonomy and right to be heard. ([Măglaș Avocat București][3])
This article explains how you can get your driving licence back in Romania after an administrative suspension or a criminal conviction with licence annulment. It walks you through the legal framework, key deadlines and the concrete steps for re-testing or ending a ban, and helps you choose a realistic strategy together with a lawyer so that you minimise time without a licence and avoid new offences. ([Măglaș Avocat București][1])
The article explains that once a criminal judgment becomes final, the findings on the act, guilt and legal classification are closed, but enforcement may still contain errors or exceed what the court ordered. It presents contestation of enforcement as a separate procedure under Articles 598–599 of the Code of Criminal Procedure and Title V on enforcement of criminal judgments, clarifying which incidents can be addressed (e.g. miscalculation of sentence, failure to apply legislative changes, extinction or reduction of punishment) and stressing that it is not an appeal against the conviction itself. ([Măglaș Avocat București][4])
This article is written for SME owners and managers running EU or PNRR-funded projects in Romania and explains the difference between an administrative irregularity, a financial correction and a suspicion of fraud. It maps the roles of Managing Authorities, audit bodies, DLAF, OLAF, EPPO and DNA, shows how a technical audit finding can escalate into a criminal case with EU-wide asset freezing, and outlines combined administrative and criminal defence strategies, with references to EU regulations, CJEU/ECtHR case law and related enforcement/confiscation topics on maglas.ro. ([Măglaș Avocat București][5])
The article starts from the recurring defence “I was just a front administrator” and shows why courts and authorities no longer accept it, especially after the 2024 tightening of Law no. 241/2005 on tax evasion. It details how the Tax Procedure Code and Insolvency Law allow ANAF and courts to go after nominal directors personally for tax debts and company liabilities, and explains in plain language what being a straw man actually means, how prosecutors assess your role and what you can still do if you are already in this position. ([Măglaș Avocat București][3])
The article addresses economic operators excluded from tenders due to criminal convictions, tax irregularities, conflicts of interest or negative performance reports and explains the EU and Romanian legal framework behind these sanctions. It then details how the self-cleaning mechanism works under Directives 2014/24/EU–2014/25/EU and Laws no. 98/2016 and 99/2016, what concrete remedial measures and evidence are needed, and how contracting authorities should assess them so that reliable operators can return to the market. ([Măglaș Avocat București][5])
This article is aimed at high-net-worth individuals, entrepreneurs and freelancers who receive a compliance notice or notice of verification regarding their personal tax situation from ANAF. It explains how risk analysis works, what these letters actually mean, how to organise documents and communication together with an avocat and tax adviser, and how a structured reaction can prevent both a massive additional tax assessment and criminal charges for tax evasion or money laundering. ([Măglaș Avocat București][3])
This article explains in practical terms what judicial control is under Romanian criminal procedure, who can order it and how long it can last for entrepreneurs and professionals. It details the typical obligations (travel bans, professional restrictions, contact bans), how they affect your business activity, how to work with a lawyer to request revocation or modification of the measure and what real risk you run of house arrest or pre-trial detention if you breach them in bad faith. ([Măglaș Avocat București][1])
This article explains how a tax audit can turn into a criminal investigation and what it means to be formally notified as a suspect. It sets out the immediate actions you should take, from choosing a defence lawyer and reviewing the file to preparing for hearings and building your strategy.
The article compares criminal and tax enforcement seizure regimes, showing when they overlap and how this affects your business and personal assets. It presents available remedies, coordination between criminal defence and tax lawyers and practical solutions to restore liquidity and protect key assets.
