The article offers a structured overview of how cross-border estates are handled when assets or heirs are connected to Romania, including the role of habitual residence and choice-of-law under EU rules. It explains what happens in intestate cases, how wills and forced heirship work under Romanian law and which practical steps foreign heirs and expats should follow with notaries and local courts.
Category: Uncategorized
The article explains under what conditions non-residents can acquire land and buildings in Romania and which restrictions may still apply. It also outlines essential due-diligence steps on title, encumbrances and urban planning, highlighting the contractual traps and practical risks foreign buyers most often encounter on the Romanian real estate market.
This guide walks foreign entrepreneurs through the entire process of setting up a company in Romania, from choosing the right legal form to securing a registered office and drafting key corporate documents. It explains the mandatory steps before the Trade Register, expected timelines and practical issues that non-residents typically overlook when entering the Romanian market.
This article provides a practical overview of GDPR obligations for small Romanian businesses, from choosing the right legal basis to documenting processing and securing personal data. It highlights common compliance gaps seen in practice and suggests pragmatic steps to lower your exposure to complaints, inspections and administrative fines.
The article breaks down the key sections that privacy policies and terms and conditions should include under EU and Romanian law, from data processing grounds to user rights and liability clauses. It offers drafting tips that help businesses stay compliant while avoiding dense, unreadable legalese that discourages users from actually reading the documents.
This article examines the liability regime for defamatory content posted on social networks, forums and other online platforms. It clarifies the obligations of page owners, hosting providers and intermediaries once they are notified and reviews the criteria Romanian case law uses to reconcile freedom of expression with protection of honour and reputation.
The article explains how copyright in photographs is allocated between photographer, client and employer and what happens when works are posted on social media or websites. It then sets out a practical reaction plan for online image theft, from preserving evidence to sending formal notices and claiming damages before Romanian courts.
This article compares copyright and patent protection for software and mobile applications from a Romanian and EU perspective, showing their practical limits. It also highlights why robust development agreements, IP assignment clauses and confidentiality obligations are essential if you want your company, not individual coders, to own the code.
The article analyses typical conflicts between domain names and earlier trade marks or trade names, including bad-faith registrations. It explains what qualifies as cybersquatting and outlines both administrative (UDRP-type) procedures and court actions that rights holders can use to recover or cancel abusive domains.
This guide walks you through what can be registered as a trade mark and how to choose between Romanian, EU or international protection, depending on where you trade. It also explains the main legal tools available when someone uses a confusingly similar sign, from warning letters to court actions for trade mark infringement.
The article clarifies in practical terms when Romanian law allows victims to claim compensation directly from parents for unlawful acts committed by minors. It outlines the main legal conditions, typical real-life scenarios and the defences that may be raised in court by parents and injured parties.
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])
This article examines how traders can challenge contravention reports and fines imposed by the Romanian Consumer Protection Authority (ANPC). It outlines key compliance obligations, the appeal procedure and deadlines, as well as common legal arguments and case-law trends that can help reduce or annul penalties while maintaining a compliant business model. ([Cabinet Avocat Măglaș][20])
The article explains the legal framework governing patrimonial liability of public officials for damage caused in the exercise of their duties in Romania. It discusses the relationship between the administration’s liability and the official’s personal liability, the conditions for recourse actions and illustrative court decisions where civil servants were ordered to cover part of the loss. ([Cabinet Avocat Măglaș][18])
This article provides a practical guide for property owners involved in urban planning disputes concerning planning certificates and building permits in Romania. It explains the legal framework, the difference between explicit and tacit refusals, mandatory preliminary complaints and key case-law trends that strengthen the protection of property rights. ([Cabinet Avocat Măglaș][16])
The article provides a structured overview of the legal remedies available against decisions requiring beneficiaries to repay aid or subsidies in Romania. It addresses administrative appeals, court actions, limitation periods and compatibility with EU rules, while highlighting practical defence strategies for companies and individuals facing recovery claims. ([Cabinet Avocat Măglaș][14])
This article sets out the main legal tools available to individuals who wish to challenge disability degree assessments or other social benefit decisions in Romania. It covers the administrative complaint phase, subsequent court proceedings, key deadlines and documents, as well as typical errors made by authorities that can be invoked in your favour. ([Cabinet Avocat Măglaș][12])
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])
This article explains the legal framework governing joint and several liability of directors and shareholders for unpaid company tax debts in Romania. It details the conditions under which ANAF can target individuals, typical scenarios involving alleged bad faith or fraud and the procedural tools available to challenge such measures. ([Cabinet Avocat Măglaș][8])