LEGE no. 105 105 of 22 September 1992 (* updated *) on the regulation of private international law relations (updated until 1 October 2011 *)
ISSUER
PARLIAMENT
----------- *) The updated form of this normative act until October 1, 2011 is carried out by the legal department of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt by including all the changes and additions made by: RECTIFICATION no. 105 105 of 20 September 1992 ; LAW no. 202 202 of 25 October 2010 ; LAW no. 71 71 of 3 June 2011 . The content of this act is not an official document, being intended to inform users The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 Repealed. --------- Article 1 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 2 Repealed. --------- Article 2 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 3 Repealed. --------- Article 3 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 4 Repealed. --------- Article 4 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 5 Repealed. --------- Article 5 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 6 Repealed. --------- Article 6 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 7 Repealed. --------- Article 7 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 8 Repealed. --------- Article 8 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 9 Repealed. --------- Article 9 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 10 Repealed. --------- Article 10 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Chapter 2 Natural persons + Section I Status of individual + Article 11 Repealed. --------- Article 11 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 12 Repealed. --------- Article 12 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 13 Repealed. --------- Article 13 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 14 Repealed. --------- Article 14 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 15 Repealed. --------- Article 15 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 16 Repealed. --------- Article 16 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 17 Repealed. --------- Article 17 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Section II Marriage and divorce + Article 18 Repealed. --------- Article 18 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 19 Repealed. --------- Article 19 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 20 Repealed. --------- Article 20 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 21 Repealed. --------- Article 21 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 22 Repealed. --------- Article 22 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 23 Repealed. --------- Article 23 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 24 Repealed. --------- Article 24 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Section III Subsidiary + Article 25 Repealed. --------- Article 25 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 26 Repealed. --------- Article 26 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 27 Repealed. --------- Article 27 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 28 Repealed. --------- Article 28 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 29 Repealed. --------- Article 29 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 30 Repealed. --------- Article 30 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 31 Repealed. --------- Article 31 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 32 Repealed. --------- Article 32 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 33 Repealed. --------- Article 33 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Section IV Maintenance obligation + Article 34 The law applicable to maintenance is: a) in the relations between parents and children, the law that circles, according to art. 25, 28 and 31, effects of parentage; ... b) in the relations between the spouses, the law that circles, according to art. 20, effects of marriage; ... c) in the relations between the former spouses, the law that circles, according to art. 22 22, divorce; ... d) in the relations between persons, the national law of the creditor. In the event of a change of citizenship, the new national law applies only to benefits subsequent to change. ... + Article 35 The law applicable to the maintenance obligation shall determine a) the person of the creditor and the debtor, as well as the order of priority among several debtors; ... b) the extent of the maintenance obligation; ... c) how to execute the obligation and the deadlines for its satisfaction. In order to determine the extent of the maintenance obligation must be taken into account, even if the applicable foreign law has otherwise, the material possibilities of the debtor and the actual needs of the creditor. ... + Section V Protection of persons lacking in exercise capacity or with restricted exercise capacity + Article 36 Repealed. --------- Article 36 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 37 Repealed. --------- Article 37 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 38 Repealed. --------- Article 38 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 39 Repealed. --------- Article 39 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Chapter 3 Legal entities + Article 40 Repealed. --------- Article 40 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 41 Repealed. --------- Article 41 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 42 Repealed. --------- Article 42 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 43 Repealed. --------- Article 43 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 44 Repealed. --------- Article 44 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 45 Repealed. --------- Article 45 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 46 Repealed. --------- Article 46 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Chapter 4 Provisions common to natural persons and legal persons + Article 47 Repealed. --------- Article 47 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 48 Repealed. --------- Article 48 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Chapter 5 Goods + Section I General arrangements + Article 49 Repealed. --------- Article 49 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 50 Repealed. --------- Article 50 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 51 Repealed. --------- Article 51 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Section II Tangible movable property + Article 52 Repealed. --------- Article 52 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 53 Repealed. --------- Article 53 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 54 Repealed. --------- Article 54 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Section III Means of transport + Article 55 Repealed. --------- Article 55 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 56 Repealed. --------- Article 56 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Section IV Securities of the + Article 57 Repealed. --------- Article 57 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 58 Repealed. --------- Article 58 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 59 Repealed. --------- Article 59 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Section V Intangible goods + Article 60 Repealed. --------- Article 60 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 61 Repealed. --------- Article 61 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 62 Repealed. --------- Article 62 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 63 Repealed. --------- Article 63 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Section VI Forms of advertising + Article 64 Repealed. --------- Article 64 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 65 Repealed. --------- Article 65 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Chapter 6 Inheritance + Article 66 Repealed. --------- Article 66 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 67 Repealed. --------- Article 67 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 68 Repealed. --------- Article 68 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Chapter 7 Legal Act + Article 69 Repealed. --------- Article 69 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 70 Repealed. --------- Article 70 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 71 Repealed. --------- Article 71 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 72 Repealed. --------- Article 72 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Chapter 8 Contractual and extra-contractual oblibations + Section I The substantive conditions of the contract + Article 73 Repealed. --------- Article 73 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 74 Repealed. --------- Article 74 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 75 Repealed. --------- Article 75 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 76 Repealed. --------- Article 76 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 77 Repealed. --------- Article 77 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 78 Repealed. --------- Article 78 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 79 Repealed. --------- Article 79 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 80 Repealed. --------- Article 80 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 81 Repealed. --------- Article 81 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 82 Repealed. --------- Article 82 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 83 Repealed. --------- Article 83 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 84 Repealed. --------- Article 84 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 85 Repealed. --------- Article 85 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Section II The terms and conditions of the contract + Article 86 Repealed. --------- Article 86 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 87 Repealed. --------- Article 87 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Section III The sale contract + Article 88 Repealed. --------- Article 88 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 89 Repealed. --------- Article 89 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 90 Repealed. --------- Article 90 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 91 Repealed. --------- Article 91 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 92 Repealed. --------- Article 92 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Section IV Intermediation contract + Article 93 Repealed. --------- Article 93 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 94 Repealed. --------- Article 94 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 95 Repealed. --------- Article 95 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 96 Repealed. --------- Article 96 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 97 Repealed. --------- Article 97 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 98 Repealed. --------- Article 98 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 99 Repealed. --------- Article 99 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 100 Repealed. --------- Article 100 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Section V Employment contract + Article 101 Repealed. --------- Article 101 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 102 Repealed. --------- Article 102 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Section VI Other contracts + Article 103 Repealed. --------- Article 103 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Section VII Enrichment without cause and business management + Article 104 Repealed. --------- Article 104 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 105 Repealed. --------- Article 105 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 106 Repealed. --------- Article 106 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Section VIII The illicit act + Article 107 Repealed. --------- Article 107 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 108 Repealed. --------- Article 108 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 109 Repealed. --------- Article 109 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 110 Repealed. --------- Article 110 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 111 Repealed. --------- Article 111 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Section IX-a Liability for touching the personality + Article 112 Repealed. --------- Article 112 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 113 Repealed. --------- Article 113 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Section X Product liability + Article 114 Repealed. --------- Article 114 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 115 Repealed. --------- Article 115 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 116 Repealed. --------- Article 116 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Section XI-a Liability for unfair competition + Article 117 Repealed. --------- Article 117 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 118 Repealed. --------- Article 118 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 119 Repealed. --------- Article 119 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Section XII Transmission and extinguishing of obligations + Article 120 Repealed. --------- Article 120 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 121 Repealed. --------- Article 121 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 122 Repealed. --------- Article 122 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 123 Repealed. --------- Article 123 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Section XIII-a Common provisions + Article 124 Repealed. --------- Article 124 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 125 Repealed. --------- Article 125 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 126 Repealed. --------- Article 126 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Chapter 9 Cambia, promissory note and cheque + Section I Common provisions + Article 127 Repealed. --------- Article 127 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 128 Repealed. --------- Article 128 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 129 Repealed. --------- Article 129 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 130 Repealed. --------- Article 130 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Section II Cambia and promissory note + Article 131 Repealed. --------- Article 131 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 132 Repealed. --------- Article 132 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 133 Repealed. --------- Article 133 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 134 Repealed. --------- Article 134 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Section III Check + Article 135 Repealed. --------- Article 135 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 136 Repealed. --------- Art. 136 was repealed by letter q) a art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 137 Repealed. --------- Article 137 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 138 Repealed. --------- Article 138 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Chapter 10 Civil, river, sea and air navigation + Section I Common provisions + Article 139 Repealed. --------- Article 139 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 140 Repealed. --------- Article 140 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Section II River and sea vessels + Article 141 Repealed. --------- Article 141 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 142 Repealed. --------- Article 142 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Section III Aircraft + Article 143 Repealed. --------- Article 143 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 144 Repealed. --------- Article 144 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Chapter 11 Prescription and Extinction Prescription + Article 145 Repealed. --------- Article 145 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 146 Repealed. --------- Article 146 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 147 Repealed. --------- Article 147 was repealed by letter q) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Chapter 12 Rules of procedure in matters of private international law + Section I Jurisdiction of jurisdiction + Article 148 The Romanian courts are competent, under the conditions provided by the following provisions, to settle the processes between a Romanian part and a foreign party or only between foreigners, individuals or legal entities. + Article 149 Romanian courts are competent if: 1. the pirate or one of the pirates has the domicile, residence or the trade fund in Romania; if the pirate abroad does not have the known domicile, the application is entered at the court of residence or residence of the applicant in the country; 2. the site of the pirate, the legal person, is located in Romania; for the purposes of this article, the foreign legal person is counted with the headquarters in Romania and when he has on the territory of the country a branch, a branch, an agency or a representative; 3. the applicant in the application for maintenance pension is domiciled in Romania; 4. the place where he was born or had to be executed, or even in part, an obligation arising from a contract, is in Romania; 5. the place where a legal fact arising from which extra-contractual obligations with its effects is located in Romania has occurred; 6. the railway or road station, as well as the port or airport of loading or unloading of passengers or transported goods are located in Romania; 7. the good insured or the place where the risk occurred is in Romania; 8. the last domicile of the deceased or his remaining assets are located in Romania; 9. the building to which the application refers is located in Romania. + Article 150 The Romanian courts are also competent to judge: 1. processes between persons residing abroad, regarding acts or civil status facts registered in Romania, if at least one of the parties is a Romanian citizen; 2. processes related to the protection of the minor or forbidden, Romanian citizen residing abroad; 3. declaring the presumed death of a Romanian citizen, even if he was abroad on the date when the disappearance intervened. Until provisional measures are taken by the Romanian court, the provisional measures taken by the foreign court remain valid; 4. processes regarding the protection abroad of the intellectual property of a person domiciled in Romania, Romanian or foreign citizen without citizenship, if no other competence was established by the convention of the parties; 5. processes between foreigners, if they have expressly agreed so, and legal relations concern rights that they may order, in connection with goods or interests of persons in Romania; 6 6. processes relating to the approach of ships or aircraft, as well as those relating to assistance or to the rescue of persons or goods in the high seas or in a place or space not subject to the sovereignty of any State, if: a) the ship or aircraft has Romanian nationality; ... b) the place of destination or the first port or airport, where the ship or aircraft arrived, is found on the territory of Romania; ... c) the ship or aircraft was seized in Romania; ... d) the pirate has his domicile or residence in Romania; ... 7. bankruptcy or any other judicial procedure regarding the cessation of payments in the case of a foreign company based in Romania; 8. any other processes provided by law. + Article 151 The Romanian courts are exclusively competent to judge the processes on relations of private international law relating to: 1. civil status documents drawn up in Romania and referring to persons domiciled in Romania, Romanian or foreign citizens without citizenship; 2. the consent of the adoption, if the one to be adopted is domiciled in Romania and is a Romanian or foreign citizen without citizenship; 3. guardianship and clean-up on the protection of a person domiciled in Romania, Romanian or foreign citizen without citizenship; 4. the prohibition of a person who is domiciled in Romania; 5. dissolution, cancellation or nullity of marriage, as well as other disputes between spouses, except those concerning buildings located abroad, if, on the date of application, both spouses reside in Romania, and one of them is a Romanian or foreign citizen without citizenship; 6. the legacy left by a person who had the last domicile in Romania; 7. buildings located on the territory of Romania 8. enforcement of an enforceable title on the territory of Romania. + Article 152 Courts in Romania may order, upon request, precautionary measures in urgent cases, to protect rights, interests or property related to their jurisdiction, even if they are not competent, according to the provisions of this chapter, to settle the process for which or during which the measures are necessary. + Article 153 If a foreign jurisdiction declares itself uncompetitive to settle an action brought by a Romanian citizen, it can be brought to the court in Romania with which the trial presents the most closely connected. + Article 154 If the parties have submitted, by convention, the dispute between them or the disputes that will be born from the act they have concluded, the jurisdiction of a certain court, it shall be vested with jurisdiction, outside only if: 1. the court is foreign, and the dispute falls within the exclusive competence of a Romanian court; 2. the court is Romanian, and one of the parties invents that a foreign court is exclusively competent. + Article 155 If the Romanian courts are competent, according to the provisions of this chapter, and cannot determine which of them is entitled to settle the process, the application will be directed, according to the rules of material competence, at the 1st District Court of Bucharest or at the Bucharest City Court. + Article 156 Jurisdiction of the Romanian courts, established according to 148-152, is not removed by the fact that the same trial or a related lawsuit was deducted before a foreign court. + Article 157 The court seised shall verify, ex officio, its competence to settle the process relating to relations of private international law and, if it is not competent neither it nor any other Romanian court, rejects the application as not having jurisdiction Romanian courts The international non-competence of the Romanian court can be invoked throughout the course of the trial. ------------- Paragraph 2 of art. 157 157 was introduced by art. VIII of LAW no. 202 202 of 25 October 2010 , published in MONITORUL OFFICIAL no. 714 714 of 26 October 2010. + Section II Law applicable in the processes of private international law + Article 158 The procedural capacity of each of the parties in the process is governed by its national law. + Article 159 In the processes on relations of private international law the Romanian courts apply the Romanian procedural law, if it was not expressly ordered otherwise. The Romanian law also establishes whether a certain problem is procedural or substantive law. + Article 160 The object and cause of civil action, in the processes on relations of private international law, are determined by the law governing the substance of the litigious legal relationship. The same law determines the standing of the parties. + Article 161 The means of proof for proving a legal act and the proving power of the document that find it are those provided by the law of the place of conclusion of the legal act or by the law chosen by the parties, if they had the right to choose it. The evidence is made according to the law of the place where they occurred. However, the Romanian law will be applicable, if it admits other means of proof than those provided by the laws shown in par. 1 1 and 2. The Romanian law is also applicable if it allows the evidence with witnesses and presumptions of the court, even if these means of proof are not admissible according to foreign law. The proof of civil status and the proving power of civil status documents are regulated by the law of the place where the inscription invoked was drawn up. The administration of the evidence is made according to + Article 162 Official documents drawn up or legalized by a foreign authority may be used before the Romanian courts only if they are overelected, by hierarchical administrative path and further by diplomatic missions or consular offices of the Romania, to be thus guaranteed the authenticity of the signatures and the seal. Administrative overrepresentation is subject to the procedure laid down by the State of origin of the Act, followed by the overrepresentation carried out either by the diplomatic mission or the Romanian consular office in the home state or by the mission diplomatic or consular office of the state of origin in Romania and, further, in both situations, by the Ministry of Foreign Affairs. The exemption from overrepresentation is allowed under the law, of an international agreement to which Romania is a party or on the basis of reciprocity. The overrepresentation of the documents drawn up or legalized by the Romanian courts is made, on the part of the Romanian authorities, by the Ministry of Justice and the Ministry of Foreign Affairs, + Section III The condition of the foreigner as part + Article 163 Foreigners, individuals and legal entities have, under the law, before the Romanian courts, the same rights and the same procedural obligations as individuals of Romanian citizenship and Romanian legal persons. Foreign citizens benefit before the Romanian courts, in the processes concerning private international law relations, exemptions or tax cuts and other procedural expenses, as well as free legal assistance, to the same extent and in the same conditions as Romanian citizens, under the condition of reciprocity with the state of citizenship or domicile of applicants. Under the same condition of reciprocity, the applicant for foreign citizenship cannot be obliged to post bail or any other guarantee, for the reason that he is foreign or that he is not domiciled or based in Romania. + Article 164 If the representation or assistance of the foreigner lacking capacity or with restricted exercise capacity was not ensured according to his national law, and because of this judgment of the delay, the court will be able to appoint them in a manner A special curator. + Section IV Effects of foreign decisions + Article 165 In the case of this law, the term of foreign decisions refers to the jurisdiction of the courts, notariats or any competent authorities in another state. + Article 166 Foreign decisions are recognized by full law in Romania, if they refer to the civil status of the citizens of the state where they were pronounced or if, being pronounced in a third state, they were recognized first in the citizenship state of each Parts. + Article 167 Decisions relating to processes other than those shown in art. 166 can be recognized in Romania, to benefit from the power of the tried thing, if the following conditions are cumulatively met: a) the decision is final, according to the state law where it was delivered; ... b) the court that pronounced it had, according to the said law, the competence to judge the process; ... c) there is reciprocity regarding the effects of foreign decisions between Romania and in the state of the court that pronounced the decision. ... If the decision was rendered in the absence of the party that lost the trial, it must also be found that the citation for the term of debate in substance, as well as the act of referral of the court and that it was given to him was handed down in a timely manner. the possibility of defending and exercising the appeal against the decision. The non-definitive nature of the foreign decision, arising from the omission of the citation of the person who did not participate in the trial before the foreign court, can be invoked only by that person. + Article 168 Recognition of foreign decision may be refused in one of the following cases: 1. the decision is the result of fraud committed in the procedure followed abroad; 2. the decision violates the public order of international private international law; it is such a ground of refusal of recognition of the violation of the provisions of 151 regarding the exclusive competence of the Romanian jurisdiction; 3. the process was settled between the same parties by a decision, even non-final, of the Romanian courts or is pending before them on the date of referral to the foreign court. Recognition cannot be refused for the sole reason that the court that ruled the foreign decision applied a law other than that determined by the Romanian private international law, outside only if the process concerns the civil status and the capacity of a Romanian citizen, and the solution adopted differs from the one to which it would have come according to the Romanian law. + Article 169 Subject to the verification of the conditions provided by 167 and 168, the Romanian court cannot proceed to the substantive examination of the foreign decision nor to its amendment. + Article 170 The application for recognition is solved by the main county court in the constituency of which the person who refused recognition of foreign decision has his domicile or headquarters. The application for recognition can also be solved by way of incidence, by the court seised with a trial having another object, in which the exception of the power of the tried, founded on foreign decision, is raised. + Article 171 The application for recognition of foreign decision shall be drawn up according to the requirements of the Romanian procedural law and shall be accompanied by the following acts: a) copy of foreign decision; ... b) proof of its definitive nature; ... c) copy of the proof of inmination of the citation and the act of referral, communicated to the party that was missing in the foreign court or any other official act stating that the citation and the act of referral were known, in due time, by the party against to whom the decision has been taken; ... d) any other act, likely to prove, in addition, that the foreign decision meets the other conditions provided by art. 167. ... The acts referred to in paragraph 1 will be accompanied by authorized translations and will be overchosen, in compliance with the provisions of art. 162 162. Overrepresentation shall not be required if the parties agree to the submission of certified copies for compliance. + Article 172 The application for recognition of foreign decision shall be resolved by decision, and by way of interlocutory conclusion, in both cases after the citation of the parties. The request can be settled without citing the parties if, from the foreign decision, it follows that the pirate agreed to the admission of the action. + Article 173 Foreign decisions, which are not fulfilled, willingly by those obliged to execute them, can be executed on the territory of Romania, on the basis of the consent given, at the request of the interested person, by the county court in the constituency to which enforcement is to be carried out Foreign decisions by which precautionary measures have been taken and those given with provisional execution cannot be executed on the territory of Romania. + Article 174 The execution of the foreign decision shall be approved in compliance with the conditions provided by art. 167, as well as of the following: a) the decision is enforceable according to the law of the court that pronounced it; ... b) the right to demand forced execution is not prescribed according to the Romanian law. ... Art. 168 and 169 are also duly applicable to the application for a declaration of enforceability. + Article 175 The application for a declaration of enforceability, drawn up under the conditions provided by art. 171, will also be accompanied by the proof of the enforceability of the foreign decision, issued by the court that pronounced it. + Article 176 The application for a declaration of enforceability shall be settled by decision after the citation of the parties. If the foreign decision contains solutions on several heads of demand, which are dissociable, the consent can be granted separately. + Article 177 On the basis of the final decision approving the execution, the enforceable title is issued, under the Romanian law, mentioning in the title and the decision of consent. + Article 178 The foreign decision, given by a competent court, has the probative force before the Romanian courts about the factual situations it finds. + Section V Judicial transactions + Article 179 Judicial transactions concluded abroad produce in Romania the effects arising from the law imposed on them, under the conditions of art. 173 173 para. 1 1 and art. 174-178. + Section VI Arbitration under private international law + Article 180 If the parties in the trial have concluded an arbitration agreement, which one of them invokes in the court, it shall verify its jurisdiction. The court will detain the lawsuit if: a) the pirate has made his or her defence, without any reservation based on the arbitration agreement; or ... b) the arbitral convention is struck by nullity or inoperative; or ... c) the arbitral tribunal cannot be constituted by manifestly attributable to the pirate in arbitration. ... + Article 181 Art. 167-178 on the recognition and enforcement of foreign court decisions shall also apply, accordingly, to foreign arbitral awards. + Chapter 13 Final provisions + Article 182 This law shall enter into force 60 days from the date of its publication in the Official Gazette of Romania. + Article 183 On the date of entry into force of this Law, art. 2 of the Civil Code, art. 375 of the Code of Civil Procedure, as well as any contrary provisions. This law was passed by the Senate at its meeting on February 4, 1991. SENATE PRESIDENT academician ALEXANDRU BIRLADEANU This law was adopted by the Chamber of Deputies at the meeting of September 7, 1992, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT MARTIAN DAN --------------------
