Law No. 36 Of 12 May 1995, Notaries Public And Notarial Activity

Original Language Title:  LEGE nr. 36 din 12 mai 1995 notarilor publici şi a activităţii notariale

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Law No. 36 of 12 May 1995 (republished) notaries and notary activity no. 36/1995) published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 444 18 June 2014 _ _ _ _ _ _ _ _ _ _ _ _ _ _ * Note) Republished pursuant to art. 107 para. (3) of law No. 255/2013 for the implementation of law No. 135/2010 regarding the criminal procedure code and the modification and completion of some legislative acts containing the provisions of the criminal procedure law, published in Official Gazette of Romania, part I, no. 515 of 14 august 2013, with subsequent amendments, posing a new texts.

Law on notaries public and notarial activity no. 36/1995 was republished in the Official Gazette of Romania, part I, no. 72 of 4 February 2013, and thereafter was modified by law nr. 54/2013 for approving Government Emergency Ordinance nr. 120/2011 on the extension of certain time limits and on modification and completion of some legal acts published in the Official Gazette of Romania, part I, no. 145 of 19 March 2013.


Chapter I General provisions Article 1 the work of notaries ensure juridical and physical persons finding legal relations civil or commercial nelitigioase, as well as the exercise of rights and interests protection in accordance with the law.


Article 2 the activity of notaries notary public is achieved through notarial deeds and notarial, legal advice under this law.


Article 3 (1) notary public is appointed to fulfil a service of public interest and has the status of an autonomous functions.
  

(2) Romanian territory Office of notary public is organized and exercised under the present law, within the framework of the National Union of notaries public from Romania, hereinafter called the Union, and of notaries public, hereinafter referred to as the rooms.
  

(3) the Office of notary public is exercised only by public notaries are members of the Union, organised in the framework of the boards.
  

(4) in the exercise of the profession and, in this connection, the notary public shall be protected by law.
  

(5) the establishment and functioning of the organizational forms of the profession of notary public, other than the Union of Chambers, are prohibited. Laws of incorporation and registration of other forms of organisation are null and void.
  


Article 4 (1) notary public shall exercise its function in a notary's Office. The forms of the exercise of the function of a notary public are: a) nucleus;
  

b) professional society.
  

(2) In the individual exercising the function a notary public, employees with higher education and supporting staff.
  

(3) Professional Society consists of 2 or more public notaries associates. Within the professional society, public notaries Associates can recruit staff with higher education and supporting staff.
  

(4) public Notaries associates in a professional society exercising personal function and respond individually for their work.
  

(5) the notary public cannot exercise the function at the same time, in many forms of exercise.
  


Article 5 (1) the forms of the exercise of the profession of notary public shall be identified individually by name, as follows: a) If individual office-holder, the notary public's name followed by the words "notarial nucleus" or the name of the Office;
  

b) in the case of professional society-the name of the notaries professional associates or denomination, in both cases followed by the words "notarial professional society".
  

(2) the names listed in paragraph 1. (1) will appear on the insignia of individual bureaux or professional firms under the conditions set out in the status of the profession.
  

(3) the contract of Association, public notaries may agree that the names of professional society to remain unchanged in the event of death or removal from Association of one of the associates.
  


Article 6 (1) notary public is free to choose and to change at any time the option for one of the forms of exercising the function of law.
  

(2) the provisions of this Act respecting the status of the profession, and a form of exercising the Office of notary public may turn to another without going into liquidation.
  


Article 7 of the Act fulfilled the notary public, bearing the seal and signature, is authoritative and has conclusive force and, where appropriate, enforceable as provided by law.


Article 8 notarial can be performed and the diplomatic missions and consular offices of Romania, as well as other institutions, within the conditions and limits laid down by law.


Article 9 (1) Notaries public and institutions referred to in article 1. 8 performing notarial activity are required to verify, in order to prevent disputes, as acts which it investigated may not contain clauses contrary to law and morality, to ask for and give personal information to parties on the contents of such documents to convince that they have understood the meaning and they have accepted the effects.
  

(2) where the requested Act is contrary to law or morality, the notary public will refuse his preparation.
  


Article 10 notarial Activity shall be administered equally to all persons, without distinction of race, nationality, ethnic origin, language, religion, sex, opinion, political affiliation, wealth or social origin.


Article 11 (1) notary public performs at the notary office works. To achieve high professional notary public may move in and out of Notary Bureau headquarters, within the limits of the territorial District Court in which it operates.
  

(2) where in a constituency the judges work more offices of public notaries, the territorial jurisdiction of each notary public shall be 4,152 throughout that constituencies. The territorial competence of notaries appointed in Bucharest stretches throughout the District Court.
  


Chapter II Jurisdiction notaries notary public Article 12 meets the following notarial acts and procedures: a) as the drafting of documents with legal content, at the request of the parties;
  

b) authentication records;
  

c notary succession procedure);
  

d) certifying acts in cases stipulated by law;
  

e legalisation of signatures on) entries, the specimens of signatures and seals;
  

f) giving of time certain records;
  

g) warehouse receipt goods, records and documents submitted by the parties, as well as other sums of money, other property, records or documents found on the occasion of the estate inventory, within the limits of space and utilities available to the notary;
  

h) acts of protest of bills, promissory notes and cheques;
  

I) children's records legalization;
  

j) and legalization of translations;
  

k) issue of duplicates on the paperwork they dictated;
  

fiduciary activities, it) according to the law;
  

m) the appointment, in the cases provided for by law, the guardian or trustee;
  

n) registration and preservation, according to the law, fingerprint devices special marked;
  

a procedural stages of certification) auctions and/or their results;
  

p) procedure of divorce according to the law;
  

q) liquidating the liabilities of the estate, with the agreement of all the heirs;
  

r) any other operations stipulated by law.
  


Article 13 public Notaries can give legal advice and other notarial matters than those relating to the contents of documents that you can meet and participate as experts nominated by parties, in the preparation and drawing up of legal documents with notarial nature.


Article 14 the notary public can carry out, in accordance with the law, the activities of Real Guarantees Electronic Archive, as well as activities other than those provided for in this law, within its competence.


Article 15 In the performance of its duties, the notary public has jurisdiction, with the exceptions provided for in the following situations: the notary succession procedure) is the competence of the notary public notary's Office located in the territorial District Court in which the deceased had its last place of residence;
  

b) in the case of successive inheritances, the heirs may choose jurisdiction of any of the public notaries working in an Office individually or in a professional society in Vienna in which the territorial court had its last place of the one of the authors who passed the latter;
  

c) acts of protest of bills, promissory notes and cheques shall be made by the notary public in Vienna of the Court to be paid;
  

d) issue duplicates on the notarial, shifting the clerical errors or obvious omissions shall be made by the notary public in whose repository is located the original notarial acts;
  

e) procedure of divorce is a matter for the public notary office in the District Court in the place of conclusion of marriage or the last dwelling to spouses;
  

f) procedure of issuing concluding on the results of checks carried out in the register of the inheritance proceedings of the boards and the national registers of the notaries of the notary public is responsible, under the law, to carry out the succession procedure;
  

g) any other prescribed circumstances.
  


Article 16


(1) the conflicts of competence between public notaries in Vienna that same Court of appeal deciding by the director of the College Board, the public notary or referral to the party concerned.
  

(2) the conflicts of competence of notaries public in Vienna some different courts of appeal deciding by the Executive Office of the Council.
  

(3) the decision of the College director of Chamber or, where appropriate, to the Executive Office of the Council may be appealed within 15 days of the notification to the District Court in whose jurisdiction, notary public performs the latter referred to it. Judgment of the Court is final.
  


Article 17 local councils Secretaries of municipalities and cities where it operates offices of notaries public shall meet at the request of the parties, the legalization of children's records, with the exception of records under hand.


Article 18 (1) notarial Activity of diplomatic missions and consular offices of Romania shall be conducted on the basis of the Romanian law and the international agreements to which Romania is a party, and according to international practice.
  

(2) at the request of individuals having the citizenship of the Romanian and the Romanian legal persons, diplomatic missions and consular offices of Romania shall meet the following notarial deeds: a) drafting documents, at the request of the parties, in order to attain one of the notary procedures provided by law in the jurisdiction of diplomatic missions and consular posts;
  

b) authentication of documents, with the exception of legal documents between the effect of incorporation or translativ property and the laws relating to the selection, modification and liquidation of matrimonial regime;
  

c) legalization of signatures and seals;
  

d) giving of time certain records submitted by the parties;
  

e) certification of facts;
  

f) legalization of copies of records;
  

g) and legalization of translations;
  

h) warehouse receipt of manuscripts and documents submitted by the parties;
  

(I) issuance of duplicate) on notary acts issued by diplomatic missions or consular offices.
  

(3) diplomatic missions and consular posts may not perform the procedure of disposing of marriage and succession procedure.
  

(4) the notarial Activities referred to in paragraph (2) which have legal effect in Romania, can be met by diplomatic missions and consular offices of Romania, and at the request of natural or legal persons, in so far as the laws and regulations of the State of residence or the bilateral agreements do not oppose.
  

(5) the notarial offices of diplomatic missions or consular posts, as well as on board ships and aircraft under the Romanian flag which stands stationed in the those bodies, as well as the Romanian citizen times somewhere else, where this is provided for in the international conventions to which the State of residence and Romania are parties or local law does not oppose.
  


Chapter III organization of the activity of notaries public section 1 Organization, operation and track individual Bureau notary and notarial professional society article 19 (1) the activity of notaries public are conducted under a notary office, in which they may operate one or more notaries public assign simple entry or shared, as appropriate, in accordance with the opinion of the director of the College Board, employees with higher education and supporting staff.
  

(2) by Association, the notary public does not lose his right to the notary's Office.
  

(3) the Association of notaries public and the cessation of the association with its headquarters office in Vienna the same judges shall have by decision of the director of the College Board in the courthouse is located in Vienna which established public notaries. Association and the termination of the Association of notaries public who do not have Office in Vienna the same judges shall have by order of the Minister of Justice. The conditions and procedure for the termination of the Association, i.e. Association of notaries public shall be determined by the regulation for implementation of this law.
  

(4) the termination of the Association, i.e. Association, shall take effect on the date of its registration in the national register of notaries public, hereinafter referred to as RNENP, given by the Union. A certificate of registration shall be communicated immediately to the Ministry of Justice.
  


Article 20 (1) notary public cannot change Office notarized from a commune to another commune, a contest organized by the Romanian Institute for Notarial, nationally, on the intended change of premises.
  

(2) the changes referred to in paragraphs 1 and 2 of premises. (1) consists of a written test. Note minimum promotion is 8.00.
  

(3) employment of the applicants admitted is made according to the request expressed in the option for entering the competition, in the order and within the media obtained posts appended in order to update article. 21. (3) (a). d). (4) Notwithstanding the provisions of paragraph 1. (1) notarial Office headquarters, changing from one commune to another commune can be achieved by ceasing the public notary and its titular Packett, upon request, by the notary public.
  

(5) where the company operates more than professional 2 associate public notaries who are not appointed in the respective locality, place vacantat under the conditions of paragraph 1. (4) deals with notary public nominated by the Association Agreement by the owner of the notary public notaries associates. Where is not nominated one of the notaries Associates, place vacantat deals on a contest organized under this law.
  

(6) in determining what items are intended to change directories, the Colleges will take account both of the criteria laid down in article 21. 21. (4), and places which have become vacant as a result of the termination of the quality of certain public notaries.
  

(7) the notary public may temporarily change the seat, by Association, from a village to another village, in compliance with the provisions of art. 19 para. (1) to (3).
  

(8) the composition of the commissions for arranging and conducting change of premises shall be determined according to the rules approved by the Council of the Union.
  

(9) Change Office headquarters are available by order of the Minister of Justice.
  

(10) the temporary Change of the registered office of the notary office pursuant to paragraph 4. (7) provide by order of the Minister of Justice or, where appropriate, by decision of the director of the College.
  

(11) the procedure for organizing and conducting change of registered office shall be fixed by regulation, approved by the Council.
  


Section 2 of the Updating of the number of public notaries in article 21 (1) To update the number of public notaries will take into consideration that the judges in a constituency to exercise their function at least 2 public notaries.
  

(2) the number of notary public is usually updated annually by the Minister of Justice. Update is made on a proposal from the Council of the Union.
  

(3) the Minister of Justice shall, in the first quarter of each year, on the basis of proposals from the Council to the issue of update, the orders separately for each category of posts that are updated as follows: posts intended to) judges to the High Court of Cassation and justice;
  

b) posts intended for notaries and trainee who will promote examination completed;
  

c) jobs for the individuals who are at least 6 years old in specialized legal functions and which will promote the acquisition of quality notary public;
  

d) posts intended for change headquarters of notary offices.
  

(4) The wording of the proposal to update the Council will take account of the Union: a) the proposals of the boards;
  

b) depending on the number of notaries public;
  

(c) the number of trainee notaries) to support the examination completed;
  

d) applications to the High Court judges of the Court of Cassation and justice to be appointed a notary public exam exemption;
  

(e) requirements of the results), the number of inhabitants;
  

f) volume and type of procedures required by the notary public;
  

g) average annual fees received by the notary offices, municipalities.
  

(5) The formulation of proposals for updating the rooms will have regard to the criteria referred to in paragraph 1. (4) (a). b-g)).
  


Section 3 of the acquisition of quality notary public notary public in article 22 can be one that meets the following conditions: a) is a citizen, a citizen of a Member State of the European Union, citizen of a State belonging to the European Economic area or the Swiss Confederation citizen and has his domicile or residence in Romania;
  

b) has full capacity of exercise;
  

c) is licensed in law;
  

d) does not have a criminal record as a result of the Commission of an offence or in connection with the service or of any other intentional offences;
  

e) enjoys a good reputation, established under the conditions established in the statutes;
  

f knows Romanian language);
  

g) is apt in terms of medically and psychologically for the exercise of the function;
  

h) has held for 2 years membership notary trainee Notary, graduated from the Institute and has passed the examination concluded or exercised for at least 6 years specialized legal office and promoted competition for admission to the Office of notary public.
  


Article 23


(1) in order to become a notary trainee, a person must meet the cumulative conditions laid down in article 21. 22 lit. a)-g) and to promote the exam or acquiring quality notary trainee, organized by College director of room in which to register for the exam or contest.
  

(2) the guiding Colleges organise annually and simultaneously, in one working day, at a date determined by the President of the Union, the exam or the acquisition of quality notary trainee.
  

(3) the admission Exam or contest as a trainee notary shall consist of a written test, theory, and an oral evidence from theme approved by the Council. Minimum media promotion is 8.00, but no less than every 7.00 sample note. Candidates will have to declare the seats of admitted the limit approved by the College stations directory of the Chamber.
  


Article 24 (1) after the examination or competition; 23, a trainee notary follows for 2 years the courses theoretical and practical training organized by the Institute of the Romanian Notary.
  

(2) during the internship, the intern notary training costs established by Notarized English Institute. Nefrecventarea courses or non-payment of the costs of preparing the notary draws the trainee ceasing. Preparation structure and conditions of sanctions provided for in this paragraph, as well as the procedure of carrying out your internship will be established by the regulation approved by the Council of the Union.
  

(3) theoretical training is carried out by attending courses organised by the Institute of the notary. Practical preparation is conducted under a notarial Office designated by the director of the College Board in which the notary trainee claimed exam or competition for acquiring quality notary trainee with the consent of the public notary.
  

(4) the activity of a trainee notary can be guided only by public notaries with a seniority of at least 6 years in this capacity and which enjoys a good reputation.
  

(5) After the completion of two years of internship, the intern notary must attend and promote completed exam organized by the Notarial Institute, hereinafter referred to as INR.
  

(6) the completed exam consists of two samples, one theoretical and one character with practicality, from the theme of the contest. Minimum media promotion is 8.00, but no less than every 7.00 sample note.
  

(7) upon completion of the two-year internship, trainee notary has the right to be present at the two sessions of the completed exam.
  

(8) the rejection or, if appropriate, lack of trainee notary overkill to two consecutive examinations completed attracts ceasing of notary trainee.
  

(9) the examination Board for the examination of finished and consists of the following members: a member of the Council, who is also President of the Commission, a representative of the Ministry of Justice, a member of the teachers in higher education and 2 public notaries with prestige, appointed under the terms of the rules of organisation and conduct of the contest.
  

(10) according to the number of candidates, the Council, on a proposal by INR, may decide to supplement the number of examination committees with membership as set out in paragraph 1. (9) with the exception of the President, which is unique.
  

(11) the provisions of paragraphs 1 and 2. (9) and (10) apply properly and for Commission review.
  

(12) the exam results of completed validating by Union Council, on a proposal from the President of the examination Commission.
  

(13) the examination or, if appropriate, the acquisition of quality notary trainee in Romanian language support and is organized by the Colleges of the boards according to the conditions and procedure laid down by the regulation approved by the Council.
  

(14) the completed exam and the acquisition of quality of notary public in Bucharest, and the examination or, if appropriate, the acquisition of quality notary trainee takes place in the town where he has his principal place of business.
  

(15) Regulation for the Organization and conduct of the examination completed and competition for acquiring quality notary public shall be approved by order of the Minister of Justice on the proposal of the Council of the Union.
  


Article 25 within 15 days after the validation of the results, candidates who passed the examination completed expresses employment options for notary public, in the order the media obtained seats in the Chamber in which they claimed the exam or the acquisition of the quality of trainee notary and in limited places listed in order of update; 21. (3) (a). b). Article 26 After telling the employment options of seating and notified to the Ministry of justice by the Board of the Union, candidates are admitted to the declared public notaries by order of the Minister of Justice shall, within 30 days of receipt.


Article 27 (1) may acquire the status of notary public and the person who meets the conditions set out cumulatively in article 11. 22 lit. a)-g) has at least 6 years old in a specialized legal function and promotes the competition for admission to the Office of notary public organized by INR.
  

(2) persons wishing to acquire the status of notary public, under para. (1) must enroll in the Camera in the constituency to which they want to conduct business, to fill a post proposed by the room and contents in order to update issued by the Minister of Justice.
  

(3) the admission contest INR organizes nationally for the persons listed from all rooms, at a single time determined by the Chairman of the Union, under the conditions laid down in the rules of organization and functioning of the competition.
  

(4) the examination Board and the Commission for the resolution of complaints for the admissions competition is constituted according to the provisions of article 3. 24 para. (9) to (11).
  

(5) the admission Contest consists of two samples, one theoretical and one character with practicality, from the theme of the contest. Minimum media promotion is 8.00, provided that every sample of the competition to acquire at least 7.00 note.
  

(6) the President shall submit, to the contest, competition results Council for acceptance.
  


Article 28 the admission as the notary public for people who have at least 6 years old in a specialized legal function is provided by the Council, at the request of INR, whenever necessary, but at least once every 2 years.


Article 29 within 15 days from the date of validation of the results, candidates who promoted the admission contest expresses employment options for notary public, in the order the media obtained seats in the Chamber in which they were entered in the contest and in limited places listed in order of update; 21. (3) (a). c). Article 30 After expressing the employment options of seating and notified to the Ministry of justice by the Board of the Union, candidates are admitted to the declared public notaries by order of the Minister of Justice shall, within 30 days of receipt.


Article 31 appointment by order of the Minister of Justice, public notaries who have acquired this quality article. 27 are obliged to follow courses on the preparation for the conduct of the profession of notary, as well as for organizing activity of a notary, Office courses organised by INR on a period established by the Board, pay Union fees.


Article 32 (1) can acquire, on request, without examination, the quality of the notary public and judges of the High Court of Cassation and justice, by virtue of art. 102 paragraph 1. (2) of law No. 303/2004 concerning the status of judges and prosecutors, republished, with subsequent amendments and additions. Request for appointment shall be addressed to the Minister of Justice shall, within a period of one year from the date of expiry of the mandate or function, for reasons not attributable.
  

(2) to be taken into consideration in order to update, applications for appointment shall be submitted not later than 31 March of each year, the Ministry of Justice. The applicant shall state in the request the nomination Room in whose constituency wants to work. Applications submitted after this date will be resolved in the next year. Under penalty of rejection of the application for the appointment, an applicant shall submit with his application evidence indicating that it meets the requirements of article. 22 lit. a)-g), as well as an affidavit, completed in authentic form, indicating that he has not returned to the Office of magistrate previously owned or on another basis of judge and Prosecutor had not times opted for a law firm.
  

(3) the Ministry of Justice will submit to the Council, within 30 days of the expiry of the period referred to in paragraph 1. (2) claims of judges who meet the conditions set out above.
  


Article 33 (1) according to the demands of the Ministry of Justice disclosed, Council will ask the boards to which judges expressed their option to propose a number of seats according to the options. In formulating the proposals, Rooms will have in the light of the criteria laid down in this law for updating the number of posts.
  


(2) on the basis of proposals received from Chambers, the Council will formulate proposals for the posts to be occupied by the judges of the High Court of Cassation and justice, that they be subject to the approval of the Minister of Justice.
  

(3) After the issue of the order to update workstations designed to be occupied by the judges of the High Court of Cassation and justice, the Minister of Justice will issue the orders of appointment as a notary public applicants who fulfil the above conditions.
  

(4) where there are more applicants for the same post, from whom they will be using the criteria laid down in the implementing rules of this law.
  


Article 34 After appointment by order of the Minister of Justice, public notaries who have acquired this quality article. 32 are required to attend training courses for carrying out the profession of notary, as well as for organizing activity of a notary, Office courses organised by INR on a period established by the Board, pay Union fees.


Section 4 of the appointment to the Office of notary public in article 35 (1) a notary public is appointed by the Minister of Justice, the Council's proposal, on the basis of the request of the party concerned and after proving the fulfilment of the conditions laid down in article 21. 22. (2) The order of appointment mentioned Court constituency and the town where the notary public is appointed.
  


Article 36 after the age of 75 years, the notary public exercising the function only if it presents a medical certificate on an annual basis that they meet the condition laid down in article 21. 22 lit. g). non-Article 37 Exercise of the function of public notary constitutes offence and sanctions according to criminal law.


Article 38 (1) After the issue of the order of appointment, pursuant to article. 35, the notary public will take oath.
  

(2) the oath shall be deposited, in a solemn setting, by the notary public in front of the Justice Minister and President of the Union or their representatives.
  

(3) the following Oath: "I swear content to respect the Constitution and laws of the country, let me meet with honor and credibility, with conscience and without bias my duties and to keep professional secrecy. So help me God! "
  

(4) the reference to the deity of the formula of the oath are changing according to the religious belief of the public notary.
  

(5) a notary public without confession will make the oath without a religious formula, on the conscience and honor.
  


Article 39 (1) notary public who, after appointment, will work in an Office individually notarized is obliged, within three months after the issuance of the order of appointment, his record in Office RNENP. For the record, the notary public will present the order of appointment, order of association or, where appropriate, the decision of the Board of Directors of the College seal and the specimen signature, proof of the oath, and the operating licence.
  

(2) notary public who after appointment shall operate in a professional company is obliged to obtain the operating licence and to record in order to both RNENP appointment, as well as the order of association or, as the case may be, the director of the College's decision, within three months after the issuance of the order appointing the Association respectively. Notarial Office headquarters for individual registration, the notary public will present the order of appointment, seal and signature specimen, the oath, and the operating licence.
  

(3) the operating licence consists of attestation formalities for starting and conducting the activity, provided for by regulation.
  

(4) a certificate of registration in the public notary RNENP confers the right to conduct actual business.
  

(5) the filing of an application for suspension before the expiry of the period referred to in paragraph 1. (1) or (2), followed by Minister of Justice order of suspension of notary public, interrupting the flow of the term.
  

(6) For cases substantiated, as confirmed by the director of the College Board, the time limits referred to in paragraph 1. (1) and (2) may be extended by order of the Minister of Justice, during a period which cannot exceed 3 months.
  

(7) failure to comply with the obligation referred to in paragraph 1. (1) and (2) concerning the registration of the RNENP law of attract quality suspension of notary public as from the date of expiry of the registration.
  

(8) the notary public which is recorded in RNENP, and in its mode of operation and the exercise of the activity has been a change is required, within 3 months from the issuance of the order of the Minister of Justice to change the Office headquarters in another district judges, the termination of the suspension, i.e. the issuance of the order of the Minister of Justice or, as the case may be, of the decision of the Board of Directors of the College Association or termination of the Association require registration in RNENP accordingly, changes have occurred during the activity.
  

(9) the registration in RNENP an application for suspension before the expiry of the period referred to in paragraph 1. (1) the Minister of Justice order of suspension from Office of notary public, interrupting the time limit.
  

(10) For duly justified cases, the time limit referred to in paragraph 1. (8) may be extended by order of the Minister of Justice, during a period which cannot exceed 3 months.
  

(11) failure to comply with the obligation referred to in paragraph 1. (8) on the registration of the RNENP draws law suspending the public notary of the function.
  

(12) the room in the courthouse is located in the constituency to which he was appointed and, where appropriate, the Chamber in which the notary public work at the date of termination or suspension of the registration of the alteration shall be required quality developments in the activity of the notary public in RNENP, within two months from the issuance of the order of the Minister of Justice of termination or suspension of a notary public.
  

(13) in the circumstances referred to in paragraph 1. (1) and (2) the notary public commences only after the registration in RNENP. Withdrawal of the licence suspension of operation of law attract public notary until the grant of a new licence.
  

(14) In the situations referred to in paragraph 1. (8) the notary public commences only after the registration in RNENP. Withdrawal of the licence suspension of operation of law attract public notary until the grant of a new licence.
  

(15) the procedure of registration in the RNENP and the procedure of granting or, where appropriate, the withdrawal of the operating licence shall be determined by the implementing rules of this law.
  


Section 5-Termination and suspension from the Office of notary public in article 40 (1) the Office of notary public ceases: a) by surrendering to the status of notary public;
  

b) in the case of the finding of incapacity for work, in accordance with the law;
  

c) in the event of failure of the function, without justification, for a continuous period of at least 6 months;
  

d) by excluding from the profession, ordered that disciplinary sanction, under the present law;
  

e If the inabilities) professional văditei established as a result of its control under the present law;
  

f) when through the final judgment was willing to defer application of condemnation or punishment for committing an offence or in connection with the service or committing any other intentional offences;
  

g) where the notary public is no longer satisfies the conditions laid down in article 21. 22 lit. a)-g);
  

h) in the case of the finding, under the conditions laid down in article 21. 41 para. (3) an irreversible mental illness;
  

I) death.
  

(2) in the case referred to in paragraph 1. (1) (a). (f)), the Court shall immediately notify the specialized compartment within the Ministry of Justice and the Union certified copy of the final judgement of conviction.
  

(3) a notary public can be maintained at work where, for an offence committed through negligence, it was willing to postpone the application of the death penalty, suspended the death penalty, capital punishment has been applied to fine or it has benefited from the Amnesty pardons before the start times of execution of the death penalty and considers that the Act is committed has not encroached on the prestige of the profession.
  

(4) termination of notary public or ordering, where appropriate, by the Minister of Justice on the proposal of the Executive Office of the Council, at the request of the public notary or ex officio.
  

(5) upon the termination of notary public, the Board is required to immediately lift the seals, books and archives. Records and archives will assume in the following order, by: a) associated notary public;
  

b) another notary public in Vienna the same judges or, in their absence, in Vienna the same rooms where the notary public whose function has stopped its work in an Office individually notarized;
  

c) room, where archives cannot be taken by a notary public.
  

(6) if the Board is prevented from exercising the powers referred to in paragraph 1. (1) to (5), that person may request the assistance of organs of public order.
  


Article 41 (1) a notary public is suspended from Office: a) in the event of incompatibility;
  

b) during the period of prohibition to exercise their function in accordance with the law, or as a disciplinary measure;
  

c) in the case of non-submittal of the monthly statistical time limit laid down by decision of the Council for two consecutive months;
  


(d) for unpaid full) within two months after the maturity date of the monetary obligations, professional, up to submission of statistical statements and/or the payment flow and related penalties;
  

e) in the event of temporary incapacity for work;
  

f) in the case of parental leave and child care, in accordance with the law;
  

g) where against the public notary took the measure of pre-trial detention or arrest at home, until the termination of the measure;
  

h) at the request in writing;
  

I) when suffering from a mental illness, what prevents him from exercising his function properly, under the conditions established by regulation;
  

j) in the case referred to in article 1. 39 in paragraph 1. 7. (2) in the case referred to in paragraph 1. (1) (a). (g)), the Court shall immediately notify the specialized compartment within the Ministry of Justice and the Union certified copy of the final court ruling which ordered the pre-trial detention measure of public notary.
  

(3) After expiry of the period referred to in paragraph 1. (1) (a). I), the Board, on the basis of a new expert appraisal, can the cessation and suspension of operations, its extension or notary, if the disease is irreversible, propose termination of function, according to the law.
  

(4) The suspension of the exercise of the function, it is incumbent on the public notary shall immediately surrender Chamber seals, records and, if necessary, archive, in order to preserve the period of suspension.
  

(5) the suspension shall cease if the circumstances which have disappeared.
  

(6) if the suspension from Office of the notary, the term of suspension shall start from the date of conclusion of the taking-over report of seals and sealing of records.
  


Article 42 suspension and termination of suspension shall require by order of the Minister of Justice on the proposal of the Executive Office of the Council, at the request of the public notary or ex officio.


Article 43 For duly justified reasons, the Board will designate, under the conditions laid down in the rules of application of this law, a notary public notary public duties for absent or, where appropriate, of public notary located in situations described in article 2. 88. Article 44 (1) records of notaries public, work on appointment, changes in activity, ceasing of notary public, as well as those concerning the Organization and functioning of the profession is carried out in the territorial plan of the rooms, and at the national level, by the Union and the Ministry of Justice.
  

(2) the Union has the obligation to communicate immediately with the Ministry of Justice for registration certificates of appointment as a notary public, and the headquarters of the notary office alone or associated, the decisions of the boards of Colleges Association and the termination of the notaries public association with its headquarters office in Vienna the same judges, as well as, upon request, any other acts relating to the organisation and functioning of public notary offices.
  

(3) the Minister of Justice Orders concerning the appointment to the position of notary public, changes in activity, as well as ceasing of notary public shall be communicated to the Union, which has the obligation to take the necessary measures to be provided as soon as its Board alleging an obligation of communication, under the evidence, making public notary.
  


Article 45 at the latest by 31 March of each year, the Council shall draw up an annual scoreboard of notaries public and the public in the Official Gazette of Romania, part i. annual Scoreboard notaries public will be updated permanently, based on data provided by Chambers, shall be notified to the Ministry of Justice and they post on the website.


Section 6-the Chamber of Notaries Public in article 46 (1) In each constituency courts of appeal operate one room, with its own legal personality.
  

(2) the seat of each room is given in the annex, which forms an integral part of this law. At the level of each district in Vienna's Chamber works at least a secondary establishment. The camera has its own stamp, which includes at least the name and coat of arms of Romania, and if the location of the secondary mentions the name of the county seat of secondary works.
  

(3) the room belong to all notaries public that works in its constituency.
  

(4) the governing bodies of the Chamber are: a) General meetings of the Chamber;
  

director of the College b Room);
  

(c) the director of the College's President).
  

(5) the College is composed of a Chairman, who is also Chairman of the Board, a Vice Chairman, who is also Vice President of the Chamber, and 3 to 7 members. The College director is elected by the general meeting of the Chamber, under the conditions laid down in the statutes of the Union, for a four year term, of public notaries who work in that room.
  

(6) the Choice of the functions of the camera is only done by secret ballot, under conditions laid down by the Statute.
  

(7) the Chairman and members of the governing College of the Chamber receiving allowance the amount of which is fixed by the general meeting of the Chamber.
  

(8) while the Union is authorised as the operator of Real Guarantees Electronic Archive of movable Rooms acquired as agent quality Electronic Archive of Real Guarantees. For the purpose of exercising such qualities, the cameras can submit an application to that effect to the Ministry of Justice, in order to obtain their agreement to operate the repository.
  


Article 47 (1) in addition to the Rooms may be established and may function of arbitration courts.
  

(2) the Arbitration Court is a permanent arbitration institution, non-governmental, without legal personality, independent in exercising competences conferred on it, which works on the Chamber of Notaries Public, and which operate in accordance with the law.
  

(3) the rules of organization and functioning of the Arbitration Court and its governing bodies approved by the Chambers on the basis of the framework regulation, approved by the Council.
  

(4) the activity of the courts of arbitration of the Chambers shall take place in accordance with the provisions of the code of civil procedure, republished, with subsequent amendments and additions to the regulations governing the Organization and functioning of the arbitral procedure and the rules laid down by the Chambers on the basis of the framework regulation, approved by the Council.
  

(5) the rules regarding the fees of the arbitrators and the arbitration fees shall be approved by the director of the College.
  

(6) the arbitration Fees will be used to support expenditure relating to settlement of disputes, the payment of expenses of the arbitrators ' fees, secretarial and documenting them, and any expenses necessary to the functioning of the Arbitration Court.
  

(7) the Court of arbitration can resolve only disputes arising from acts and notary procedures.
  

(8) the provisions of paragraphs 1 and 2. (1) to (7) shall be supplemented by provisions on the institutional arbitration of the code of civil procedure, republished, with subsequent amendments and additions.
  


Article 48 the College President director shall have the following powers: to) is the Room with third parties;
  

b) complaints against notaries resolves trainee applicants, taking appropriate measures;
  

(c)) shall, upon request or ex officio, in exceptional cases, a notary public to ensure the functioning of another notary public office;
  

d) employs expert staff and auxiliary, in number and in the structure laid down by the director of the College of the Chamber;
  

e) coordinates and leads the bins provided for the organizational structure of the Chamber;
  

f) convene and lead meetings of the College and director of the Chamber of the General Assembly of the Chamber;
  

(g) budgetary expenses) preliminaries for the camera;
  

h), at the request of the Parties approves, transfer the dossier to inherit;
  

(I) any other duties) meets the prescribed by law and regulation, the staff regulations and of the regulatory acts with an internal character.
  


Article 49 (1) College director of the Chamber shall have the following duties: a) organizes for acquiring quality examination of notary trainee;
  

(b) the notary offices) will carry out the preparation of trainee notaries;
  

c) pursues theoretical and practical preparation of the trainee notaries;
  

d) replaces, upon request or ex officio, the notary in practice preparation;
  

e) propose to the General Assembly of the Chamber updating number of public notaries and the number of posts intended to change of premises;
  

f) approves the number of posts intended for the purpose of acquiring quality notary trainee;
  

g) prepares legal documentation and provide consulting and informing current public notaries;
  

h) keep track of income and expenses Chamber and contribution of its members;
  

I) establishes the inventory and liquidation Commission of notary offices in the event of suspension or termination;
  

j) may grant support and material aid notaries, in duly justified cases;
  

k) shall designate a member of the governing College of the Chamber or another notary public within the Chamber to carry out the particulars concerning the revocation, cancellation, rectification of authentic instruments that are in the archive Room;
  

l) approves the proposal of the Chairman, the establishment plan and of the functions of the State and administrative staff of the Chamber;
  

m) organises upon request by the public notary, sale at auction of goods with a view to the liquidation of the succession of liabilities, subject to the conditions laid down by regulations approved by the Council;
  


n) any other duties set out meets the law, regulation, statute and the regulatory acts with an internal character.
  

(2) in carrying out its duties, the College director of Chamber issue decisions enforceable.
  


Article 50 general meeting Board shall have the following duties: a) elects and revokes the College director of Chamber and the auditing Commission, under the conditions laid down by the Statute.
  

b) elects and revokes the representative or representatives, as appropriate, and their alternate on the Board of the Union, under the conditions laid down in the statutes, in compliance with the norm of representation referred to in this law;
  

c) elects and revokes the Chamber representative on the Board of discipline, under the conditions laid down by the Statute.
  

d) choose and propose a member of the Board of Directors of the Insurance;
  

(e) approve the annual report) and the discharge of the President and director of the College of the Chamber;
  

f) approves the budget of revenue and expenditure and the execution of the budget;
  

g) approves development strategy and investment policy of the Chamber;
  

h) sets the allowances of members of the organs of the chosen;
  

I) approves the internal rules of the Chamber;
  

j) elect members of the organizing committees of the bodies at the level of the boards and of the Union, according to their own regulations;
  

k) elect the representatives of the Chamber pursuant to rule representation in Congress;
  

l) and withdraw the proposal College director of Camera, the honorary title of Honorary President of notaries who have held membership Chairman of the Board of Directors;
  

m) approve the update on the number of public notaries and the number of posts intended to change premises, which it shall forward to the Council;

n) any other duties set out meets the law, regulation, statute and the regulatory acts with an internal character.
  


Article 51 the mandate of elected bodies at the level of the boards shall run from 1 January of the calendar year following that in which the elections were held.


Section 7-the National Union of notaries public in article 52 (1) Notaries public from Romania are organised at national level in the National Union of notaries public, the only professional organization established by law, with legal personality of public interest with heritage and buget.
  

(2) the Union is headquartered in Bucharest and has its own stamp, which includes at least the name and coat of arms of Romania.
  

(3) in order to achieve the objectives in its areas of activity, the Union shall have the following functions: a) strategy, by submitting proposals to the elaboration by the Ministry of justice strategies in the field of the notary;
  

b) regulatory, through regulations, specific tertiary to ensure, in accordance with the strategy adopted, implementation of the law on notary and legal framework specific realization of the subsidiary;
  

c) representational domestically and internationally of notaries public;
  

d) mentoring, support and control of notaries public, the correct application of the legal provisions in the field of the notary;
  

e) administration of the estate.
  

(4) in exercising its functions, the Union can cooperate with public authorities and institutions, with other legal persons governed by public or by private law, Romanian times, in order to achieve objectives of common interest, corresponding to its field of activity.
  

(5) the Charter approved by the Constituent Congress of the Union is its articles of incorporation.
  

(6) the amendment of the statutes of the Union between congresses shall be made by the Council, following consultation of the General meetings.
  

(7) the governing bodies of the Union are: a) the Congress;
  

b) Union Council;
  

c) Executive Office of the Council;
  

d) Union President.
  

(8) The governing bodies of the Union may be elected public notaries, the actual old profession for at least 8 years of age on the date of election.
  

(9) the members of the governing College of the Chamber may not be members of the Council. Chairman of the Board, except that, according to art. 55, is part of Union Council, and Vice President of the Chamber or another member designated to this effect, but where is the Chairperson.
  

(10) the term of Office of organs of the Union begins on 1 January of the calendar year following that in which the elections were held.
  


Article 53 (1) Congress is made up of representatives of public notaries, elected by the general meeting of each Board, according to a representative of the norm at 10 public notaries, plus members of the Union, as well as the Vice Presidents of the Colleges of the boards.
  

(2) in the event that there are elected as representatives of the Chamber of Congress, members of the discipline, of the Commission of audit and of the Board of Directors of the Insurance of notaries public shall participate without the right to vote in the proceedings of the Congress.
  

(3) the Congress shall meet in ordinary sessions and extraordinary.
  

(4) the Congress shall meet in ordinary session, usually on an annual basis and in extraordinary session at the request of Council or, if this accounts for at least one third of the number of notaries public.
  

(5) the convening of the Congress shall be made by the Executive Bureau of the Council with at least 60 days before the date fixed, by notice in writing to the boards and through publication in a newspaper of central date, place and agenda. Colleges directories of Chambers shall be obliged to communicate the date, the venue of the Congress and its agenda of all notaries public in function of the room.
  

(6) the rooms are required to communicate with the list of named Union delegates at the Congress, as a rule, at least 15 days prior to the Congress.
  

(7) is constituted in accordance with Congress in the presence of two-thirds of its delegates and shall adopt decisions by a simple majority of delegates present.
  

(8) the delegates to the Congress have the freedom to express their vote in the light of the strategy and the interests of the profession.
  

(9) the Congress of notaries public, where appropriate, has the following powers: (a) adopt, by decision), supplementing or amending the Statute of the Union and of the status of the Insurance of notaries public, with the exception of the amendments adopted between congresses by the Council, pursuant to article. 52 para. (6);
  

b) adopt code of conduct of public notaries, additions and amendments shall be subject to the conditions laid down by the Statute.
  

c) validate through judgment, choosing representatives and alternates of their Boards on the Board of the Union, under the conditions laid down by the Statute.
  

d) validate, through determination, choice, from among the members of the Council, the President and Vice Presidents, under the conditions laid down by the Statute.
  

e) validates by a choice of Board members of discipline, under the conditions established in the statutes;
  

f) debating issues of professional interest and shall, by simple majority, resolutions on the issues debated;
  

g Council) approve the report and the Audit Commission, the implementation of the budget and discharge;
  

h any other duties) meets the data under its jurisdiction by law, regulation or statute.
  

(10) Decisions and resolutions with normative, organisational-administrative are mandatory for notaries public.
  

(11) Congress may delegate some of its powers to the Council of the Union, under the conditions laid down in the statutes.
  

(12) the procedure relating to the convening, organizing and conducting of the Congress shall be determined by statute.
  


Article 54 (1) within the Union are founded and function: a Notarized English Institute);
  

b) insurance of notaries public;
  

c) retirement home of notaries public;
  

(d) National Administration Center) of National Registers notaries;
  

e) Auditing Commission;
  

f) the Board of discipline;
  

g) Body;
  

h notaries public) Bulletin Redaction;
  

I) specialized commissions of the Council;
  

j) specialized and administrative apparatus;
  

k) national register of notaries public, the public notaries and forms in which they exercise their profession.
  

(2) at Union level can be set up and other bodies according to the law, the status of the profession or normative acts with an internal character.
  


Article 55 (1) the Council consists of representatives from each Chamber, elected according to the following rules of representation: a) a representative, for Rooms up to 200 of public notaries;
  

b) 2 representatives, for Rooms that have between 201 and 400 by public notaries;
  

c) 3, for more than 400 Rooms of public notaries in Office.
  

(2) with the choice of representatives, alternates and choose Rooms. Alternates be replaced by boards in the rightful representatives of the Council of the European Union whenever they cannot exercise its mandate.
  

(3) the procedure of choosing representatives and alternates of the Board of the Union of Chambers, as well as alternates number shall be established by statute.
  

(4) the Presidents of the Chambers are part of Union Council, with the right to vote.
  

(5) Council members shall be elected the Chairman and Vice-Chairmen, in 3 the conditions laid down in the statutes. After the election of the Chairman and Vice-Chairmen of the three alternates, become members of the Union Council. The functions of President, first Vice-President and Vice-President are incompatible with the functions of the President of the Chamber or the Union representative on the Board.
  


(6) Vice-Presidents of the Council 3, choose a first Vice-President under the conditions laid down in the statutes.
  

(7) the term of Office of members of the Council, the President, the Vice-President and the Prime Vice Presidents is 4 years.
  

(8) the representatives of the Chambers, as well as Union President, first Deputy Speaker and Deputy Chairmen of the Council shall receive compensation and other rights laid down in the internal regulations.
  

(9) Council convenes, usually on a quarterly basis in ordinary meeting or, whenever necessary, in extraordinary meetings by the President. Union Council is constituted in the presence of two-thirds of its members and shall adopt decisions by a majority vote of the members present. In case of equality of votes, the President shall have the casting vote in the adoption of the decision.
  


Article 56 (1) the Council of the Union, mainly the following powers: (a) Minister of Justice) proposes updating the number of posts of notary public, notary trainee and posts intended to contest the changes of premises;
  

b) Minister of Justice proposes approval of regulation on the conditions for the conduct of examinations for acquiring quality notary public;
  

c) Justice Minister proposes minimum fees for Notary laws and procedures carried out in the exercise of the function of notaries public, taking into account the following criteria: 1. the time and the amount of work required for the performance of the Act or procedure;
2. the nature, novelty and difficulty of the instrument or procedure;
3. getting dates and further information or collaboration with other specialists or experts required by the nature of the subject, complexity and difficulty of the Act;
4. time constraints in which the notary is obliged by the circumstances of the Act or proceeding to act in order to ensure a high-performing legal services;
5. deadlines for filing documents and notary procedures;
6. place of fulfilment of the instrument or procedure;
7. responsibility of the notary public, through reporting and the value of the instrument or procedure;

d) establishes quotas of contribution of public notary offices in the room, as well as those of the Union, in accordance with its statute;
  

e) represents the Union, through the President of the Council of the Union, in dealings with third parties, domestically and internationally;
  

f) adopt any amendments or additions to the House of notaries public insurance and pension House of notaries public;
  

g) approve changes and additions between Union Status, following consultation of the General meetings of the Chambers;
  

h) resolves appeals against decisions of the Board of discipline;
  

I) adopted Council Regulation amends and complements the discipline;
  

j) adopts, amends and supplements the rules of organization and functioning of INR;
  

k) organize, at the national level, aimed at aligning the requirements of international notarial practices;
  

l) adopted civil code professional according to the usages, republished, with subsequent amendments;
  

m) approves the budget of revenue and expenditure, budget execution and management annual President;
  

n) establishes, by decision of the representatives of the Chambers, as the temporary Council, the President, the Vice-President and Prime Vice Presidents Council, and members of the Audit Committee, the Board of discipline, the Board of Directors of the Insurance of notaries, law enforcement agencies and of the other members ' allowances INR bodies established at Union level;
  

the order, granted a) medals and titles, under the conditions laid down by the Statute.
  

p) approve sponsorships and mecenatele;
  

q) grants notaries public, within the limits of the amounts approved for that purpose by the budget of revenue and expenditure;
  

r) powers provided for by the meets other legislation in force, the status of the profession or legal documents with an internal character.
  

(2) the Council may delegate some executive powers, under the conditions laid down by the Statute.
  


Article 57 (1) the Executive Council is the executive body of the European Union with permanent activity and connection with the rooms, and is composed of 9 members: the President, the first Deputy Speaker, Vice-President and five members elected by the Council from among its members.
  

(2) the President of the Union is the Union Council and Chairman of the Executive Bureau of the Council of the Union.
  

(3) the Executive Office of the Council meets monthly in ordinary session and, whenever necessary, in extraordinary sessions, at the request of the President.
  

(4) in carrying out its duties, the Council's Executive Bureau issue enforceable decisions.
  

(5) the Executive Office of the Council works in the presence of a majority of its members and takes decisions by a simple majority of the votes of those present.
  

(6) the Executive Office of the Council has the following main tasks: to ensure permanent activity) Union Council;
  

b) Justice Minister proposes the appointment of a notary public, notary, Office headquarters change Association and termination of assignment, suspension and termination of the suspension from Office of notary public, ceasing of revocation times notary public;
  

c) prepare draft documents which will be submitted for debate and approval by the Council of the Union;
  

d) draft report of the work of the Union;
  

e) annual budget draft of the Union, ensures the day-to-day management of the assets and liabilities, the balance sheet preparation follows financial accounting and budget execution;
  

f) ensure implementation of the budget and pursues the Union budget resources;
  

g) organise their own services in the Union and approves the State functions of the specialized personnel and of the Union;
  

h) Approves, the State functions and coordinates the activity of all entities established within the Union;
  

I approve the draft budget) on an annual basis, the implementation of the budget and discharge of entities established within the Union;
  

j) granted, suspend and withdraw the notary offices, upon request or ex officio, the operating licence;
  

the Council's report analyzes k) discipline of the Union and propose appropriate measures;
  

It professional control synthesis) drawn up by the administrative body for the control of the Union and proposing appropriate measures;
  

m) resolve conflicts of jurisdiction between the different public notaries;
  

n) coordinates the activity of the creation and operation of the system and information networks between Union and rooms, as well as at the level of the notary offices, according to its own programmes and those carried out in cooperation with the notary's offices;
  

an activity Center) coordinates both National Records management of National Notary, hereinafter referred to as CNARNN, as well as national registers Notary laws and procedures regarding notarial records and adopt regulatory acts necessary for their functioning;
  

p), at the request of the President settles on Union complaints against notaries public or against Boards;
  

q) support donations and bequests made to the Union;
  

r) assures compliance with the decisions of the Congress and of the Union Council and oversees the execution of these judgments by the rooms and public notaries, adopting appropriate decisions;
  

s) meets other duties laid down by law, regulation, statute and the regulatory acts with an internal character.
  


Article 58 (1) the President, Vice-Presidents and first Deputy Speaker of the Council of the Union are the President, Senior Vice-President and the Vice-President of the Union.
  

(2) the President of the Union is the Union Council and the President shall have the following duties: a) represents Union internally in dealings with public authorities from Romania, and non-governmental organizations, with professional ones, and externally, with national and international organizations of notaries public and anywhere will be invited officially as President;
  

(b) budgetary expenses) preliminaries for the Union; the President may delegate this task first-Vice President;
  

c convene meetings) and lead the Congress, the Council of the Union and of the Executive Bureau of the Council of the Union;
  

d) employs expert staff and of the Union, with due regard for the organizational structure and functions of the State, approved by the Executive Office of the Council;
  

e) exercises, in accordance with the law, the disciplinary action against notaries public;
  

(f) any other duties) meets the prescribed by law and regulation, the staff regulations and other normative acts.
  

(3) in the absence of the President, is Senior Vice President, and if the latter is absent, one of the Vice-Presidents of the delegates by the Chairman.
  

(4) the first Deputy Speaker and Vice Presidents representing the Union, within the mandate given to the President.
  


Article 59 (1) within the framework of social insurance work of notaries, with legal personality under the conditions laid down in its Statute, approved by the Council.
  

(2) civil liability insurance for notaries is compulsory and is carried out by the social insurance agency established for this purpose.
  

(3) public Notaries are required to conclude the insurance contract prior to the commencement of activity.
  

(4) minimum Limit value and the level of insurance premium shall be fixed annually by the Council.
  


Article 60


(1) within the Union shall be established, are organized and function in a LOW, public interest entity with legal personality under the conditions laid down by its own statutes, approved by the Council.
  

(2) notary ensures improvement of INR, initial vocational training and, where appropriate, continue to notaries and trainee notaries and other professionals, specialized personnel of notary offices, Chambers and of the Union, having authority to issue diplomas or graduation certificates recognized by public and private institutions.
  

(3) the INR is headquartered in Bucharest, has stamp comprising its name and coat of arms and logo. INR is established, is organized and operates on the basis of this law, without other formalities.
  

(4) the Statute, the regulation of INR organization and operation thereof, as well as ways of initial vocational training or, where appropriate, continue to notaries and trainee notaries, specialized personnel of notary offices, Chambers and Union are approved by decision of the Council of the Union.
  

(5) at the request of INR organizes Union Council, completed examination, admission contest as notary public for people who have at least 6 years old in a specialized legal function, in accordance with the law and regulation on the organisation and conduct of their approved by Minister of Justice on the proposal of the Council of the Union.
  

(6) at the request of INR organizes Union Council, and the change of registered office, in accordance with the law and regulation of the organisation and conduct of the competition, endorsed by the Council.
  


Article 61 (1) for the purposes of administering the registers referred to in article 1. 162, within and under the authority of the Union shall be established, are organized and function CNARNN, as an entity with legal personality under the conditions laid down by the rules of their own, approved by the Executive Office of the Council.
  

(2) ensure the administration of CNARNN, organization and functioning of the national notarial records. 162, as well as other activities laid down in the regulation.
  

(3) CNARNN is headquartered in Bucharest. CNARNN has its own seal, which includes its name and coat of arms of Romania, and his own logo and set up, are organized and function, without other formalities, pursuant to the provisions of this law.
  

(4) Costs relating to the checks and entries in the register provided for in article 10. 162 shall be borne by the interested parties, while tariffs for the entering and verifying the records to be determined by the Executive Office of the Council.
  

(5) where entries and checks on the accounts referred to in article 1. 162 shall be requested by public institutions, they will be exempt from the price.
  

(6) Tariffs for enrollment or in registers may be charged by the public notaries on either chitanţiere made available by the CNARNN or tax bills through the houses.
  

(7) rules of organization and functioning of the CNARNN, and any other measures necessary for the organisation and operation thereof are approved by decision of the Executive Bureau of the Council, which shall be published in the Official Gazette of Romania, part I.
  


Article 62 (1) in order to establish and to grant private pensions, other than those of the public pension system, or, where appropriate, financial aid notaries public, their offspring with their own private pension rights and other persons from the notary who adhere to this pension scheme shall be established, under the authority of the Union, the retirement home of notaries public, the retirement home autonomous institution, the public interest, with legal personality and their own bodies, under the conditions laid down in its Statute, approved by the Council.
  

(2) the pension scheme provided for in this Act is binding on the members of the International Union of notaries public and the complementary public pension system in which public notaries are obliged to contribute, in accordance with the law.
  

(3) the mode of organisation and functioning, as well as the date on which the pension commences shall be specified by statute. Retirement home shall have its seat in Bucharest, and stamp their own logo, which shall include at least the name and coat of arms of Romania, and is set up, is organized and works without other formalities.
  


Chapter IV rights and duties of notaries public notary Rights Section 1 Article 63 (1) Notaries public exercise their function and enjoys stability, cannot be moved elsewhere without their consent.
  

(2) in order to ensure secrecy, and professional works placed upon public or notary in his Office are inviolable, which could not be verified or picked up only in accordance with the law and in accordance with the provisions of the code of criminal procedure, as amended and supplemented.
  

(3) professional Contact of the notary public and his client may not be prohibited or restricted.
  


Article 64 (1) if the customer is in custody or detention, the administration of the place of detention times obliged to detention take priority, all the necessary measures to allow the contact as soon as the client of the notary public and rights provided by law.
  

(2) in criminal cases, the notary public can be heard as a witness only in the cases and conditions stipulated by the criminal procedure code, with subsequent amendments and additions.
  


Article 65 (1) notary public shall have the following rights: 1. to receive the honorarium for each notarial act or procedure should be carried out according to the law;
2. to elect and to be elected to the governing bodies of the Union and of the Chambers, as provided by statute;
3. to address the Union's bodies and of the Chambers and to receive the requested information under the conditions laid down in the statutes or internal normative acts;
4. to wear the insignia of the Union;
5. to qualify for annual leave, annual, under the conditions laid down by the Statute.
6. to benefit from social security rights on the basis of their contribution to the State social insurance system and/or from the private system, in accordance with the law;
7. to have access to all data relating to the administrative organisation of the notarial activity, both at the level of the boards and of the Union;
8. to adhere to the International Union of Notary;
9. to participate, upon request, in meetings of the organs of the Union of Chambers and, when it has a self-interest in order to sustain it;
10. to benefit from financial support in case of interruption of the activities of the Office of temporary incapacity due to work;
11. to benefit upon request of legal assistance from the Union, through its specialized personnel, in cases connected with the professional activity;
12. to participate in professional events organized in the country and abroad;
13. to benefit from any other rights provided by law and the bylaws.

(2) the notary public can do professional data known both in respect of his person, as well as with regard to the place where it carries on its function in the conditions laid down by the Statute.
  


Article 66 (1) Notaries public are entitled to a fee for each notarial act or procedure should be carried out in accordance with art. 56 para. (1) (a). c). (2) Notwithstanding the provisions of article 4. 56 para. (1) (a). c) at Union Council proposal, the Minister of Justice may establish the notary acts and procedures in respect of which the fee is fixed freely between the notary public and the applicant.
  


Article 67 the notary public is entitled to annual leave of 30 working days, under the conditions laid down in the statutes. The notary public shall notify the Chamber in Vienna which carries out its activity in relation to the period during which annual leave will be carried out.


Article 68 the exercise of the profession of notary public is inconsistent with: a) a payroll activities, with the exception of: 1. the activity and function of academic/higher education and scientific research;
2. literary and artistic activity and publicist;
3. the work of the scientific and technical creation;
4. quality of a Deputy or senator times for councilor in county councils or local, the duration of their mandate;
5. membership in governing bodies and other bodies of the Union, of times in other domestic and international organizations to which the Union or the rooms are affiliated with that work;
6. membership in a Board of Directors;
7. membership in the framework of an association or Foundation;

b) exercise of a public office or public office other than that referred to in to point 4);
  

c) exercise the functions of judge, Prosecutor, Registrar or magistrate Assistant;
  

d) occupation of lawyer, legal adviser, bailiff or insolvency practitioner;
  

It's the direct pursuit of activities) of production, commerce or other services;
  

f) quality manager or Chairman of a Board of Directors of a company governed by the law nr. 31/1990, republished, with subsequent amendments and additions.
  


Section 2 of the duties and responsibilities of notaries public Article 69


Notary public notary office staff are required to preserve secrecy with respect to the acts and facts of which they become aware in their activity, even after the cessation of the function, i.e. after termination of employment, except where the law or the parties concerned shall issue to this obligation.


Article 70 (1) notary public cannot be absent from Office for more than 5 consecutive working days without informing the Chamber and without ensuring the functioning of the archive Office, according to the law.
  

(2) in the event of the provisions of paragraph 1. (1), the Board may appoint notaries public, where appropriate, another notary public notary public for the performance of services, as provided by the Statute.
  


Article 71 (1) notary public shall have the following obligations: (a) comply with the provisions of the law), of the regulations, the Statutes of the Union of Insurance Status of notaries and of the code of conduct of notaries public;
  

b) comply with the decisions of the organs of the Union of Chambers and specialised committees or other entities created at Union level, to carry out the tasks entrusted to it and to act for the attainment of the Union;
  

c) to attend meetings of the governing bodies of which it is part;
  

d) to attend meetings of the General meetings;
  

e) to participate in professional events organised by the Union of Chambers and other domestic and international organizations having similar goals and principles;
  

f) keep against third parties privacy debates, opinions and votes cast in the framework of the management organs;
  

g) have a dignified behaviour in the exercise of the function;
  

h) to refine the continuous vocational training, participating in the training programs organized by INR, according to the rules of organization and operation approved by the Council;
  

I) ensure training of trainee notaries assigned by the director of the College Board and staff;
  

j) stipulated in the Statute to pay professional contributions, provide the Room and situation monthly Union provided for in the Statute;
  

k) to declare their tax domicile in Romania.
  

(2) the expenses incurred under the terms of paragraphs 2 and 3 Professional. (1) are tax-deductible under the law.
  

(3) the provisions referred to in paragraph 1. (1) (a). h) on the obligation to participate in training schemes organized by INR applies specialized personnel of notary offices, as provided by regulation.
  


Article 72 the civil liability of public notary may be employed under the terms of the civil law, for violating his obligations when he has caused with guilt in the form of injuring relei faith established by final court decision.


Article 73 disciplinary Liability of public notary intervenes for the following deviations: a) general competence, infringement and territorial materials stipulated by law;
  

(b) failure to comply with the provisions of decisions), and the decisions of the management organs of the Union and of the list, issued in accordance with the law;
  

c) breaking the rules and instructions regarding the working methodology with the notarial registers managed by the national CNARNN;
  

d) carrying out, repeatedly, acts and notary procedures, non-compliance with the legal provisions laid down for the validity of the instrument or notarial procedure concerned, or the performance of their violation of the provisions of article 3. 9;
  

e) undue delay or negligence in performing the work;
  

f) unjustified absence from Office, repeatedly;
  

g) behavior and misconduct in the exercise of professional activity;
  

h) any manifestation of nature affecting the prestige of the profession committed in the exercise of the function times out or exercise of the function;
  

failure to pay in full and I) matured professional contributions, and the insurance premium, according to the contract of insurance;
  

j) evading or refusing to obey professional administrative control;
  

k) violating legal obligations with regard to the preservation of secrecy;
  

l) use times in any way accepting, directly or indirectly, to unfair means to attract customers, as defined in the code of conduct of notaries public;
  

m) conducting activities incompatible with the status of notary public, according to the law;
  

n) undue refusal or negligence in the execution and communication operations prescribed by law for the operation of the computerised system of the Chamber and of the Union;
  

a failure to comply with the legal provisions) with respect to the determination, collection and, where appropriate, payment of taxes, charges and fees;
  

p) failure within the statistical situation and other data required by the room or by the Union;
  

unjustified refusal of q) to draw up a deed of the notary office notarized outside of Headquarters, and in duly justified cases, and outside normal working hours;
  

failure to fulfil the obligation) to participate in forms of continuing professional training organized by INR, at intervals laid down by the regulation;
  

s failure to comply with the obligation to) participate in forms of training, ordered pursuant to article. 76 para. (2);
  

failure to comply with the provisions of the code, and others) conduct of notaries public;

t) unwarranted absences at general meetings and actions organized by the College directory or governing bodies of the Union;
  

failure to comply with the provisions of article ţ). 41 para. (3) and/or the continuation of activity after applying the sanction of suspension from the exercise of the function;

unjustified refusal of u) to carry out the legal procedures and distributed by the President of the Chamber in which it participates.
  


Article 74 (1) the disciplinary action shall be exercised by the Minister of Justice, President of the Union or College director of room and judge by the discipline within the Union.
  

(2) the disciplinary action shall be exercised only after prior research by inspectors from the Ministry of Justice or, where appropriate, of the Union or by the director of the College.
  

(3) in the research, citing that in question is compulsory, as it is entitled to take cognizance of the contents of the file of disciplinary research and formulate defense. Failure or refusal of the person sought of submissions does not prevent the completion of the research.
  

(4) the Board of discipline works as a body of national jurisdiction on the basis of rules approved by the Council of the Union. The Board of discipline shall consist of one representative of each Chamber, elected by the general meeting of the Chamber. The mandate of the members of the Board of discipline shall be 4 years and starts on the 1st of January of the calendar year following their validation by Congress. Members of the Board of discipline can only be public notaries with an age of not less than 10 years in a specialized legal function, but not less than 5 years in the Office of notary public.
  

(5) the Minister of Justice or, where appropriate, the President of Union College director of times, based on the outcome of the prior research, formulate the disciplinary action that you forward it to discipline within 60 days from the date of receipt of the result of prior research.
  

(6) the Board of discipline citing parts and, if it finds that the additional tests are necessary, it may request the Minister of Justice or, where appropriate, the President of Union College director of times the room filling out disciplinary research. Completion of preliminary research is done within 60 days after receipt of the request.
  

(7) the disciplinary action shall decide by means of a reasoned judgment, which shall be communicated to the parties and the Board in whose constituency operates at within researched the 10 days of the pronouncement.
  

(8) a judgment by which it resolves the disciplinary action includes mainly the following: a description of the deed constituting) misconduct and legal;
  

b basis of) sanctions;
  

c) reasons that were removed from the defence as formulated the notary public;
  

d) sanction and the reasons which gave rise to its application;
  

e) appeal and the period within which the judgment may be appealed;
  

f) jurisdiction to prosecute the appeal.
  

(9) the provisions of paragraphs 1 and 2. (8) to be completed with provisions of the code of civil procedure, republished, with subsequent amendments and additions relating to the content of the judgment.
  

(10) against the ruling, the notary public disciplinary action holders respectively referred to in paragraph 1. (1) opposition may do within 15 days of the notification to the Council.
  

(11) the Appeal Board shall be settled by a Union. Where disciplinary action was exercised by the President of the Union or by the director of the College Board, Union President or, where appropriate, representatives of the Council Chamber in question will not participate in the resolution of the appeal. The judgment by which the appeal may be contested settles with recourse to the Court of appeal. The appeal may be declared by the notary public or disciplinary action referred to holders, within 15 days of receipt. The judgment of the Bucharest Court of appeal is final and irrevocable *).
  

___________

Notă



*) According to art. 8 of law No. 76/2012 for implementing Law No. 134/2010 code of civil procedure, as published in the Official Gazette of Romania, part I, no. 365 of 30 may 2012, with subsequent amendments, the normative references to the judgment "definitive and irrevocable" or, where appropriate, will be "irrevocable" understood as references to the judgment "definitive".

(12) a judgment by which the notary public has punished the remaining final disciplinary action, shall be notified immediately by the Union or, as the case may be, the court officer from the Ministry of Justice and the Board in whose constituency the notary public performs.
  

(13) the disciplinary action may be exercised within six months from the date of referral to the knowledge of the Commission of the offence, but no later than 3 years from the date of that publication.
  

(14) the relevant statute of limitations for disciplinary action promotion will be suspended if against notary public there has been a criminal complaint involving the same cause of action alleged infringement up to the solution of the criminal process. If, after the introduction of disciplinary action has been recorded a criminal complaint with committing the same facts, the disciplinary action shall be suspended pending the resolution of the criminal process.
  


Article 75 (1) Verifying complaints relating to the good reputation of notaries according is made by inspectors from the Ministry of Justice or of the Union, on its own initiative or at the request of the Minister of Justice, and the Union President or director of the College.
  

(2) the inspection report compiled following inspections relating to good repute shall be notified to the notary public which is the subject of the referral, within 15 days after the drawing up, with a view to the formulation of objections.
  

(3) the inspection report referred to in paragraph 1. (2) together with the objections formulated shall be forwarded to the Council of discipline within the Union. On the basis of the report and the objections formulated Disciplinary Board decide on finding fulfilment or failure to comply by the notary public of the condition of the good reputation of the time, if it considers that the objections are valid, has in writing and reasoned, Resending the report completion of checks, specifically with the brightness of the aspects must be completed. Decision adopted by the non-fulfilment of the condition of good reputation contain the proposed injunction, pursuant to art. 40 para. (1) (a). g). (4) the Board of discipline, Judgment accompanied by acts which gave rise to it, shall be communicated without delay to the Minister of Justice, the President of the Council and notary public.
  

(5) the judgment of the Board of discipline can be contested with opposition to the Council within 15 days of receipt. Union Council's decision may be appealed to the appeal of the Administrative Department of the Bucharest Court of appeal, in the same period. Judgment of the Court is final.
  

(6) the final judgement by the non-fulfilment of the condition of good repute shall be communicated to the Minister of Justice, with a view to issuing cease and desist order.
  


Article 76 (1) disciplinary Sanctions shall apply in relation to the seriousness of the irregularity committed and disciplinary measures are as follows: a) written warning;
  

b) fine from 5,000 to 40,000 lei lei;
  

c) suspension of public notary of the function for a period of not more than 6 months;
  

d) exclusion from the profession of notary public.
  

(2) in the case of irregularities as referred to in art. 73 lit. a), d), (e)),),),) and s), the Board may order the discipline and obliging public notary sanctioned to follow, within 3 months after the final decision of the backwardness that has been sanctioned, one of the forms of professional training within the INR.
  

(3) final and irrevocable Judgment *) shall be enforceable.
  

_ _ _ _ _ _ _ _ _ _ * Note *) see footnote asterisk from the end of art. 74 para. (11) (4) the fine provided for in paragraph 1. (1) (a). b) came from the Union's budget.
  


Chapter V Procedure notary documents section 1 common provisions Article 77 (1) notarial acts are All available upon request.
  

(2) Records drawn up by the parties, their legal representatives or conventional times, where appropriate, mediation agreements will be checked with respect to the fulfilment of the conditions of substance and form, the notary public can bring them the appropriate amendments and additions to the agreement of the parties.
  

(3) For authentication of a mediation agreement, the parties to the agreement to appear personally or by representative legal or conventional representative under a power of Attorney, for the purpose of signing the notary public and the fulfilment of all the conditions of substance and form as provided by law.
  

(4) Records relating to notarial shall be drafted according to the will of the parties and under the conditions provided by law.
  

(5) in the context of the work of the notary public notary documents, establishing identity, domicile and capacity of the parties, except in cases in which the release date is definite, the establishment of certified true copies or providing legal consultations of notaries.
  


Article 78 (1) the acts for which the law provides authentic ad validitatem shape will be drawn up only by notaries public.
  

(2) Advice given by legal notary public notary are oral or written and are natural or legal persons, on request or on the basis of fixed-term contract.
  


Article 79 (1) a notary public is required to solve the legal relations between the parties with respect to the Act they want to wrap it up, verify the purpose for which you seek is in accordance with the law and to give them the necessary guidance on the legal effects.
  

(2) in addition, he must request the parties, whenever appropriate, supporting documents and permits required for the conclusion of an act or, upon request, will be able to obtain the necessary documentation, himself having free access to any public register.
  

(3) rights arising from Acts to be subject to advertising in the cases and under the conditions provided for by law shall be notified immediately to the place where you keep this evidence, the notary public, who will make arrangements and name holders for performing the works of advertising.
  

(4) in order to meet the obligations incumbent on them according to the provisions of paragraph 1. (2) and (3), the notary public will have free access to the offices of real estate advertising and the other institutions in order to obtain documents and information necessary for fulfilment of notarial procedures, will be able to request and obtain from the competent tax authority of local public administration authority tax certificate issued on paper or in electronic form.
  

(5) the notary public shall, in the case of older people, to put them in the light of the rights referred to in art. 30 of law No. 17/2000 on social welfare of older persons, republished, with subsequent amendments and additions.
  


Article 80 (1) of the public order will assist public notary, where they are prevented from exercising their powers. Also, local public administration bodies are obliged as within their powers to grant the requested competition for notaries public performance of notarial acts.
  

(2) public and private institutions have the obligation to provide, in accordance with the law, the information required by public notaries in inheritance proceedings the notary.
  

(3) in all other cases, the institutions referred to in paragraph 1. (2) will provide information on the basis of protocols concluded with the Union.
  


Article 81 (1) the acts required by the parties and any acts of the authentication procedure shall be drawn up in the language of Romanian.
  

(2) Citizens belonging to national minorities and persons who do not speak or understand Romanian language shall be given an opportunity to take cognizance of the contents of the document by a translator or interpreter. The position of translator or interpreter may be fulfilled by the notary public, if a foreign language is his native language or is approved as an interpreter, translator or times by another person qualified as an interpreter or translator, according to the law, the Ministry of Justice. In all situations in which the Act is through an interpreter or translator shall sign this conclusion next to the notary public.
  

(3) the acts drawn up by the parties and submitted for notarial operations will be in Romanian language.
  

(4) at the request of the parties, duly justified, the notary public can perform acts in relation to records made by parties in a language other than Romanian, only if the notary instrumentator knows the language in which the acts are drawn up, or after it has become aware of their contents through an interpreter, in which case a copy translated into Romanian language and signed by the person who performed the translation will be attached to the file.
  

(5) the Records intended to be translated into a foreign language edition will be on two columns, including the first column text in Romanian language, and in the second, the text in the foreign language, either successively, the first Romanian-language text, in keeping with the text in the foreign language.
  


Article 82 (1) notarial are fulfilled, as a general rule, during the opening hours of public service, displayed properly.
  


(2) A notarial deed can be used outside the headquarters of the notary public, at the request of the party concerned, with due regard for the legal provisions on jurisdiction.
  

(3) where a notarial act do not suffer from procrastination, duly justified reasons it may be fulfilled and the non-business hours, at the request of the party concerned.
  


Article 83 the performance of notarial acts, in addition to the drafting of legal documents and notary consultations, through the closing, which will include: (a) the Office of a notary);
  

(b) the name and number of the conclusion);
  

(c) the date of completion of the notary Act);
  

(d) the first and last name) notary public;
  

e) the place where the Act has been carried out by the notary, in case of fulfilment of notarial Office registered office outside its circumstance justifying the compilation of official in that place;
  

f) name or business name, domicile or registered office of the parties, and the mention of the fact they were in person, which he assisted, as well as the manner in which they were found, except discharges through giving a definite date records or copies of records upon receiving;
  

g) showing completion of background conditions and form of notarial act drawn up in relation to the nature of that act;
  

h) fulfilment of notarial act finding and reading by the parties;
  

(I) the collection of charges), taxes, handling fees, as well as of the amount thereof;
  

(j) the signature of the notary public);
  

k) public notary seal.
  


Article 84 (1) the parties participating in the notarial deed can be identified by the notary public through mention in conclusion that they are known personally by him. If the notary public does not know the Parties shall proceed to verify their identity, the purpose of the act or for the performance of a notary procedures, as appropriate, by: a) identity documents provided by law;
  

b) passports, according to the law;
  

c Declaration by the lawyer assisting) part, identifying its being made under the terms of subparagraph (a). or b) to).
  

(2) the notary has suspicions about the identity of the parties, and the identity card is issued by the Romanian authorities, it will verify the identity card presented. To verify, the notary public shall have access to the National Registry of Persons.
  

(3) the required elements for the identification of persons are: a) a natural person resident in Romania or Romanian: name, surname, personal code, place of residence or habitual residence;
  

b) for foreign natural persons, non-residents in Romania: name, surname, nationality and habitual residence declared, unless it is clear from the Act under which it was established the identity;
  

(c) legal person) for Romanian nationality: name, registered office and identification code or registration number in the special registers for associations and foundations, where appropriate;
  

(d) foreign legal entity) for: name, Head Office, the nationality and the registration number issued by the competent authority of the country of origin;
  

e) for authorized natural person: name, surname, unique tax code, domicile or residence of the professional activity with the specification.
  


Article 85 (1) where the performance of notarial act is refused, the conclusion of rejection will be given only if the parties request the aftertaste. The conclusion will include motivation of the refusal, appeal, the competent court and the period for exercise.
  

(2) the performance of notarial act may be rejected and for the following reasons: failure to submit the required documentation to) or submission of incomplete;
  

(b) non-payment of fees) tax and fees;
  

c identification of party or impossibility) lack of discernment, if this condition results from the party's conduct.
  


Article 86 (1) violation of the requirements provided for in article 10. 83 shall be imposed, if cancellation cannot be directed and produced a side injury which cannot be dispensed otherwise than by abolishing the Act.
  

(2) correction of errors and omissions are made in completing the article. 87, only if they result from the work of the Act, and the notary registers or other records of notary office.
  


Article 87 notarial showing obvious material errors or omissions may be directed or supplemented by concluding the notary public, upon request or ex officio, with the agreement of the parties, if the works include data which make it possible correction of errors or omissions. Consent of the parties are deemed legal if, having been cited, not manifesting opposition. About straightening or completing is made mention on all copies of the document.


Article 88 the notary public cannot perform notarial acts, on pain of nullity, if: (a)) shall be parties or interested in any capacity, he, the husband, their ascendants and descendants;
  

b) is the legal representative of a party representative times participating in the authentication procedure.
  


Section 2 of the Authentication of documents Article 89 (1) the entry is the authentic notarial drawn up or, where appropriate, received and logged by the notary or by the staff of diplomatic missions and consular offices, in the form and under the conditions laid down by this law.
  

(2) official Authentication is done in compliance with the following procedure: a) the establishment of identity of parties pursuant to article. 84;
  

b) expressing their consent regarding the content of the document;
  

(c) date and signature) official.
  


Article 90 (1) For authentication of a registered notary public verifies and determines the identity of the parties, pursuant to article. 84. (2) the parties may be represented at authentication through a proxy with power of Attorney, with special exceptions provided by law. In this situation, the notary public is obliged to check the national register by the notary of proxies and cancellations thereof, and in the event of the detection and removal of it will reject the request for authentication.
  


Article 91 (1) to get the consent of the parties, after reading the document, the notary public will ask them if they understand its contents and whether the act expresses their willingness. Expressing consent materializes through signature.
  

(2) For good reasons, the notary public can get separated, but on the same day, the consent of the parties set out in the act. In this case, the conclusion Declaration of authentication will mention the time and place of taking consent of each party.
  


Article 92 [3] Authentication is done in compliance with the provisions of art. 93. Article 93 (1) of the testator's dictate their rules in front of the notary. Notary public cares for wills, which then reads the testator or, where appropriate, give him to read, making explicit mention of the completion of these formalities. If its already dispunătorul redactase Act of last will and Testament, genuine will be read by the notary public.
  

(2) After reading dispunătorul, declare that the Act expresses his last will and Testament, being then signed by the testator, and the completion of authentication by the notary public.
  

(3) the testator HEP book will be required, through a written request, authentication of testamentary disposition. The application shall include, where appropriate: (a) a will) that you are attached to the application has been drawn up by himself, in which case it will present public notary for drawing up;
  

(b)) that the testator has not already written a testament and asks to dictate the content of the will of public notary.
  

(4) The request of the testator's will stated that he was questioned in view of the provisions of art. 1,043 para. (2) of the civil code, republished, with further amendments, which may be assisted in this proceeding by one or two witnesses. It will also make and that the contents of the will already drawn up or what will be dictated by public notary, where appropriate, represent his last will.
  

(5) where a testator shall submit a will already drawn, the notary public will give the necessary directions concerning the legality, effectiveness and consequences of a last will, after which it will proceed to layout the will.
  

(6) if the testator does not present a will drawn up, it will dictate the notary. The notary public will type a will after the testator's dictation.
  

(7) The content of the will it will make explicit mention that Act represents the last will of the testator, and that it has been drawn up in compliance with the conditions laid down in article 21. 1,044 of the civil code, republished, with subsequent amendments.
  

(8) After making the layout, it will be read by the notary public and, at the request of the testator, i will have read it.
  

(9) After reading the testator will confirm that his last will and Testament and means you will sign.
  

(10) where a testator has been assisted by one or two witnesses, they will sign the will.
  

(11) After signing the will, the notary public will endorse the conclusion of its authentication.
  

(12) the request of the testator and the will presented by it, if necessary, shall forfeit to the authentication.
  


Article 94


(1) where a testator, because of an infirmity, illness or other reasons, cannot sign the deed, notary public will dictate the contents of the will, will specify that it is his last act will, to draft and edit. The completion of this procedure will be attended by 2 witnesses.
  

(2) if the testator declaring that doesn't know how to sign or cannot sign, the notary public will make the completion of the express mention of authentication to its Declaration, and the cause which has prevented him to sign. The entry submitted by the notary and its reading of the testator along with the signatures of the witnesses the testator's signature installations.
  

(3) the will must be signed and witnessed.
  

(4) whenever the testator's will not be able to sign in the establishment and authentication of testamentary disposition will be present 2 witnesses, literate workers. Witnesses shall sign the entry next to the testator and shall be identified in the conclusion, noting their presence and a justification of the fact that they are witnesses.
  

(5) witnesses must meet the conditions laid down by the code of civil procedure, republished, with subsequent amendments and additions, and this law.
  

(6) The special situations when the notary public shall take the Declaration of will of the dumb or deaf, the deaf mute unable to write, this is done through an interpreter, but also in the presence of 2 witnesses.
  

(7) if the person, at least, the notary public will read the Act before i get consent.
  

(8) paragraphs 6 and 7 of the Covenant in Authentication conditions. (1) shall be made in the presence of witnesses.
  

(9) After the dictation, the notary public cares for drafting appropriate legal terms [3].
  


Article 95 (1) the Declaration of will of the deaf, the dumb, or deaf mute, literate, will be given in writing to the notary public, with a note by hand, prior to signature, "consent to this act, which I've read."
  

(2) where the deaf, majongile or surdomutul can be found for any reason unable to write, the statement will be taken through an interpreter.
  

(3) in order to get the consent of a blind, the notary public will ask if he heard right when i was reading the entry and whether the hearsay represents his will, they observed in the conclusion.
  


Article 96 (1) in the case of those who, because of infirmity, illness or any other cause, cannot sign, the notary public, performing the Act, will take only consent in the presence of 2 witnesses-assistants, this formality by compensating the absence of signature party.
  

(2) witnesses-will be identified and assistants will sign the Act, and the conclusion of authentication will be made mention that they had been present at the reading of the document by the parties or, where appropriate, by the notary public and the taking of consent.
  

(3) cannot be a witness-Assistant person: a) has reached 18 years of age;
  

b) listed in the act as part of or as beneficiary;
  

c) due to a mental or physical impairment is not suitable;
  

d) is neştiutoare or, for any reason, cannot sign.
  


Article 97 (1) notarial authentic instruments shall be drawn up in a single original, which shall be kept in the archive of the public notary.
  

(2) the original copy of the official authenticated together with the annexes, which form an integral part of this writing shall be signed in front of a notary public by the parties or their representatives and, as appropriate, of those called to comply with laws, which the Parties shall establish them, witnesses-assistants, when their presence is requested, and, where appropriate, by the one who wrote the entry , under the present law.
  

(3) the annex which forms an integral part of enrolled means any principal official, entered attached detailing or complement the contents of the latter and was declared as such by the parties. Records which constitute the necessary documentation is retained to the authentication of the Act and is not considered attachments.
  

(4) the parties will get a duplicate of the original. Duplicate Notary Act has conclusive force provided by the regulations as the original Act.
  


Article 98 the conclusion finds an authentication enrolled shall, under penalty of cancellation, in addition to the data referred to in article 1. 83, and the following: a) finding that it has taken the parties consent;
  

b) finding that the entry was signed in front of all those kept by the notary to sign it. The words notary public that one party could not sign take the place of signature;
  

c) disposition was invested with the authentic form, which is expressed by the words: "be declared authentic this inscribed".
  


Article 99 (1) authentic full Entry notarized proof, make the face of any person until his false declaration, with regard to the observations made by the staff of the logged entry in accordance with the law.
  

(2) Represents the notary's personal findings made through their own senses: a) the fact of submitting the parties and all persons participating in the proceedings, as well as their identification;
  

b) place and date of conclusion of the Act;
  

c) expressing consent.
  

(3) the statements of the Parties contained in the authentic notarial evidence entry, until proof to the contrary, both between the parties and against any other person.
  


Article 100 Entry certified notary public who finds a definite and liquid debt instruments has power to the enforcement date of its exigibilităţii. In the absence of official original enforcement order may be duplicate or notarized copy of the archive's public notary.


Section 3 of the succession procedure Article 101 (1) notary succession procedure is opened at the request of any interested person, as well as to the Secretary of the local Council of the deceased's belongings which were on the date of the opening of the inheritance.
  

(2) notary public apprised is required to check in advance with the local jurisdiction, and if it finds that the succession is within the competence of another notary public desesizează without quotes, informing him of the applicant regarding the notary succession procedure jurisdiction to meet.
  

(3) where a constituency more judges are public notaries, jurisdiction of probate proceedings belongs to the first notary public referred to it. The notary public will verify whether the succession procedure was not open to another notary public in Vienna the same judges, researching for this purpose the succession register, according to the regulation.
  

(4) where the deceased's last domicile is not known or is not on the territory of Romania, the competence belongs to the notary public, with the proviso that in his constituency to be at least one immovable.
  

(5) where the deceased's last domicile is not in Romania, and the succession patrimony not real estate, competently through the Romanian territory is first invoked, the notary public, with the proviso that in his constituency to be movable.
  

(6) where the deceased's last domicile is not in Romania, and the succession patrimony not present goods on the territory of Romania, competent is first invoked, the notary public. The above rules apply appropriately in the case of deceased persons whose last domicile is not known.
  

(7) where the death certificate shall indicate only the State in which the deceased had last residence, apply properly the provisions above.
  


Article 102 (1) in the application for the opening of the inheritance proceedings will be referred to civil status data of the deceased, the surname, forename and domicile of the heirs of the deceased prezumtivi, goods, with indication of their value, and liabilities of the estate.
  

(2) the application shall be entered in the register of the public notary of inheritance, the inheritance after the registration in the records kept at the level of the boards.
  

(3) the application for the opening of the inheritance procedure may be submitted by either qualify as legal heirs, creditors of the succession or succesibililor, and any other person who justifies a legitimate interest.
  


Article 103 (1) at the request of the parties concerned, stating the inventorying of the inheritance, as provided by law. If there is no previous request for the opening of the inheritance, the application keeps inventory and request the opening of insolvency proceedings.
  

(2) the inventory can be done by another person designated by the notary public, based on the powers given in this regard.
  

(3) where the goods are located in legacy Court different constituencies, the notary public will matter to perform inventory by rogatory.
  

(4) the application inventory can be made of any succesibil, the executor of the deceased's creditors, or other person of the heirs times justifying an interest.
  

(5) The inventory succesibilii may participate or, where appropriate, executor, lenders and two witnesses. Where succesibilii, the executor or the creditors refuse to sign the minutes, witness signature is sufficient for carrying out the procedure.
  

(6) upon receiving the request to perform the inventory, the clerk will announce succesibilii about inventory.
  


(7) where one of the other persons who qualify as legal heirs or takes possession of the property of the deceased is opposed to the inventory, the notary will draw up a report in which it will make mention of the negative effects and will indicate to people who insist to request the competent court to inventory have inventory.
  

(8) where the Court has ordered the inventory, the notary will perform without heed of any opposition, and in the record of the inventory will include an inventory that is based on judgement.
  


Article 104 (1) after it finds that it is legal, the notary public shall record the cause and those who cast their ballots has vocation to inherit, and if there were any testament, CITES and executor's legatees and established.
  

(2) the summons must include, on pain of nullity thereof, in addition to the elements provided for in the code of civil procedure, republished, with subsequent amendments and additions, and specifying that if succesibilul does not exercise its right to accept within the time limit provided for in art. 1,103 civil code, republished, with subsequent amendments, it will be presumed that renounced the inheritance. Where, as they result from the information on file, current domicile of succesibilului is not known, you can proceed to the attendance to, cumulative through the display to the last residence of the deceased, display the last known home of succesibilului, publication in a national newspaper with the spread.
  

(3) If through a genuine testament established a universal legatar, citing, the forced heirs, only a Devisee; If a will is holographic or Mystic, referenced and heirs. In both cases it will cite and executor, if it has been designated by testament.
  

(4) In succession to be declared vacant, notary public administration competent authority CITES to retrieve belongings.
  

(5) in case the heir is incapable, citing his legal representative and the guardianship authority.
  


Article 105 (1) inheritance proceedings, notary public determines the quality of the heirs and legatees, the extent of their rights, as well as the composition of the succession.
  

(2) in the event of a holographic will, Mystic or privileged presented public notary or found the inventory, it shall give the opening and endorsing his view towards neschimbare. At the specified time for debate is found the condition of the material addresses shall record, followed by validation procedure.
  

(3) the Protocol for the validation of the will shall be drawn up by the notary in the presence of legal succesibililor remove by will or whose rights are affected by it and that they will be subpoenaed for that purpose.
  

(4) the notary public will grafoscopice i.c expertise when: a) succesibilii remove from inheritance, though summoned, fails to appear;
  

b) succesibilii declares that it does not know the deceased's writing;
  

c) succesibilii writing the deceased, bringing disputes in this regard;
  

d) deceased does not have the legal heirs.
  

(5) where it is found in the grafoscopică expertise that writing does not belong to the testator, the notary public will continue the succession procedure.
  

(6) where a statement or evidence in question is managed will determine whether the successors have accepted the legal succession.
  

(7) the declarations of succession option shall be entered in the special register (RNNEOS); 162. (8) the Declaration given over the term of the option whereby an succesibil declares that he has not mastered the quality or title of the heir within the time limit provided for in art. 1,103 civil code, republished, with subsequent amendments and understand to forego a succession register in RNNEOS.
  


Article 106 (1) quality of succesibil and/or, where appropriate, title of legatar, and the number thereof shall be established by the civil status acts, by will and with witnesses. Goods comprising estate prove through documents or any other evidence admitted by law.
  

(2) In succession which concerns the common assets of the estate and the surviving spouse, their contribution to the acquisition of assets and assumption of obligations shall be determined by agreement recorded in the final conclusion of the heirs or, where appropriate, in the notice of liquidation in authentic form.
  


Article 107 (1) succession procedure may be suspended in the following cases: a) a year has passed since the opening of the legacy, and although they have been legally summoned, succesibilii have not been presented or have abandoned the succession procedure, without requiring the issue of a certificate of inheritance, and there is evidence that at least one of them has accepted the inheritance;
  

b) succesibilii its dispute each other quality or do not understand about the succession and to the extent that rights are yours;
  

c) the heirs or other persons concerned shall demonstrate that they have addressed the Court for the determination of their rights;
  

d) in any other cases provided for in the code of civil procedure, republished, with subsequent amendments and additions.
  

(2) The termination of the suspension should be elements that have resulted from the debate, by the time of the suspension, the identity of those present, and composition of their testamentary succession.
  

(3) in the cases referred to in paragraph 1. (1) (a). (b)), the notary public established by concluding estate, with an indication of the goods or rights that it disputes the extent of the rights of heirs, and the reasons for misunderstanding, guiding the parties to settle disagreements between them on the judicial process.
  

(4) at the request of the parties, the notary public will be able to restore the folder inheritance role ever, if it finds the termination causes which led to his suspension.
  


Article 108 (1) Succesibilul or other interested person may refer the matter directly to the Court for discussion in a sequence.
  

(2) the provisions of article 4. 193 para. (3) of the code of civil procedure, republished, with amendments and additions thereto, shall apply.
  


Article 109 in the debate at each inheritance the notary public shall draw up a reasoned conclusion, which will contain the entries relating to the performance of the procedure, the declarations of the parties, the presence of witnesses and measures in solving the case.


Article 110 If the notary public ascertains that the estate there goods, has through succession and discharge termination ranks 'cause without object.


Article 111 (1) In the sequence where there are goods, the agreement has been made between heirs and samples were plentiful administrated, the notary public shall draw up the final conclusion of the succession procedure.
  

(2) the conclusion of the final conclusive force of the authentic official and will include the following elements: a notarial Office header);
  

b) the file number of the estate or of the dossiers that are debating together;
  

c) name and surname of the notary instrumentator;
  

d) closing date;
  

e) reference particulars of the deceased: surname, given name, social security number, date of death, last residence;
  

f) name, surname, place of residence, social security number, the quality of the participants towards the deceased and their identification;
  

g) mentioning people missing;
  

h) indication fulfillment procedure;
  

I) Declaration the participants regarding the quality and number of heirs, in conjunction with the deposition of witnesses;
  

j) indications of the existence of the Covenant, its form and the way in which it was found its validity;
  

k) mentions about inventory;
  

l) entries relating to the matrimonial property regime and the method of disposing of this regime;
  

m) estate declared: movable, immovable property and liabilities of the estate;
  

n) the signatures of the heirs stating the veracity of those recorded in closing, acceptance of inheritance, donations, reporting requests reducţiunea excessive liberties, their agreement to the completion and issuance of the certificate of inheritance;
  

a) on the basis of declarations by heirs and all administered in question, the notary public will ascertain the composition of the succession, the value of the asset or, where appropriate, the amount of mass, the value of liabilities and net assets;
  

p) indicating legal basis of inheritance and legal devoluţiunii/or, where appropriate, the legacy;
  

q) indicate the name, first name, place of residence and the personal identity of each heir;
  

r) quality or title under which inherit;
  

inheritance rights) laying;
  

indication, etc) the method of determining the extent of the right of each heir, as appropriate;

t) the calculation of the inheritance taxes;
  

ţ) fees;

u) available with regard to the issue of the certificate, its way noting.
  

(3) if the heirs and assets were divided by mutual consent, saying in closing it will show how inheritance and property assigned to împărţeală. The Act of împărţeală will be included in the final conclusion may be drawn up or separately, in one of the forms prescribed by law.
  


Article 112 If not by law otherwise provided at the request of his legal heirs or estate, the notary public can proceed to the liquidation of the liabilities of the estate, the alienation of the asset or property sharing and assignment, according to the agreement of the heirs.


Article 113


(1) the inheritance proceedings can be made before the expiry of the time allowed for acceptance of the succession, though it is no doubt that there are other persons entitled to the estate.
  

(2) the succession procedure also may be terminated forthwith pursuant to a will, whether it meets the legal conditions form, does not contain provisions contrary to law and is without prejudice to the rights of the beneficiaries or heirs consent thereof. Under the same conditions, the notary public will be able to establish ownership rights particular legatee as determined by will.
  

(3) notary public, having regard to the agreement of all the heirs, will be able to carry out the reduction of liberties, up to the limits provided by law.
  


Article 114 (1) on the basis of the final conclusion will be issued a certificate of inheritance or legatar, which will have the same date as the final conclusion and the number of the register of probate and deadlines will feature findings from discharge relating to the estate, the number and quality of the heirs and the shares of the deceased.
  

(2) the certificate of inheritance will be able to encompass the particulars with respect to the manner by which it was determined the extent of the rights of successors, and any mention of that issue.
  

(3) the certificate of inheritance provides evidence quality, legal heir or executor, and proof of ownership of the goods from acceptanţi heirs on the estate, in which each share is appropriate.
  

(4) a copy of the certificate of inheritance shall be issued to each of the heirs or legatees shall, where appropriate, after the payment of fees and charges of the succession.
  

(5) where it is established, an executor shall be issued under the conditions above, a certificate of executor.
  

(6) after the suspension of the procedure as envisaged in succession art. 107 para. (1) (a). b) and (c)), certificate of inheritance shall be issued on the basis of the judgement of the remaining final and irrevocable *).
  

_ _ _ _ _ _ _ _ _ _ Note *) see footnote asterisk from the end of art. 74 para. (11) article 115 (1) at the request of the heirs, the notary public may issue certificate of quality of heir, which attests to the number, quality and extent of the rights of all legal heirs, in compliance with the procedure laid down for the issue of a certificate of inheritance, except for provisions relating to the estate.
  

(2) quality certificate is issued by an heir in compliance with the procedure laid down in this law for the issue of a certificate of inheritance, settling and shares of the inheritance.
  

(3) the provisions of paragraphs 1 and 2. (1) and (2) shall apply also in the event that previously has been issued a certificate of inheritance.
  


Article 116 (1) in the absence of legal heirs or estate, when the estate there are supplies, notary public, referred to it pursuant to article. 101, finds that the succession is vacant and shall issue a certificate of succession holiday according to the law.
  

(2) where the estate consists only of a concession law or use of a place of burial/funeral interment without construction, the notary will be found by closing its extinction without having to issue certificate of holiday portion.
  

(3) a copy of the completion of concender write will be reported.
  


Article 117 (1) After the issue of a certificate of inheritance, a certificate may be issued only in the cases provided for in this law.
  

(2) subject to the agreement of all the heirs, the notary public can resume the succession procedure, the completion of the final conclusion of the property omitted from the estate, releasing a certificate of inheritance.
  

(3) In the situation referred to in paragraph 1. (2) are deemed consent to the issue of a certificate of inheritance, legal heir of that quote, opposition manifests.
  

(4) the summons shall list those goods for which it was requested to supplement the succession and inheritance law to object to the issuance of the certificate of inheritance.
  

(5) the opposition will be motivated and will submit by the deadline fixed for the debate of the case.
  


Article 118 (1) those who consider themselves to be harmed in their rights through the issuance of the certificate of inheritance may request its annulment Court and establish their rights under the law. Until its cancellation by court order, certificate of inheritance provides evidence quality, legal heir or executor, and proof of ownership of the goods from acceptanţi heirs on the estate, in which each share is appropriate.
  

(2) the persons referred to in paragraph 1. (1) may apply and notary public with the aim of concluding an authentic instrument attesting to the amicable settlement of the dispute. In this case a new certificate is issued. This procedure does not apply with respect to the portion of the vacation certificate.
  

(3) to settle the dispute amicably through the conclusion of an act by the notary or by the cancellation of the certificate of inheritance through court order, it proves the quality of heir, executor or legal, as well as proof of ownership of the goods from acceptanţi heirs on the estate, in which each share is appropriate.
  

(4) in the case of cancellation of the certificate of inheritance all or part of, the notary public will issue a new certificate on the basis of a final judgement. To this end, the courts are obliged to send to the public notary office in the settlement of the case a copy of the remaining final and irrevocable judgment *) along with the file notarized, if it was requested during the judgment.
  

_ _ _ _ _ _ _ _ Note *) see footnote asterisk from the end of art. 74 para. (11). the 4th Section liquidation or succession Article 119 In inheritance proceedings, notary public, notary public will be able to carry out the liquidation of the liabilities of the estate, with the agreement of all the heirs.


Article 120 procedure for winding-up proceedings shall consist of: a) the recovery of all debts of the deceased;
  

(b) payment of all debt related) succession, inheritance, liabilities respectively, regardless of whether these are debts of the deceased or debts generated for debating the succession procedure;
  

c) enforcement legatelor;
  

d) sale of movable goods of the deceased, estate/in order to cover the liabilities of the estate, was extinguished in the case where the assets of the estate there is cash to cover liabilities of the estate, or where the heirs do not understand succession to conclude an agreement with creditors to establish amicable methods of extinguishing the liabilities.
  


Article 121 (1) Liquidation is made by sworn notary public inheritance procedure with debate or under his responsibility, whenever the estate is proven a liability due.
  

(2) For the purpose of determining liability, the notary public will draw up an inventory and will require genuine statements heirs or any other evidence of the existence and character of liabilities for certain, liquid and payable, the notary will check national register of natural persons and creditors of the succession, in making the partajului opoziţiilor (RNNEC), referred to in art. 162, and will receive requests from creditors of the deceased in order to recover their claims, and lists the dashboard creditors. The dashboard is allowed to creditors within 3 months of the commencement of the inheritance the notary, having priority claims.
  


Article 122 (1) sworn notary public with the settlement of the inheritance case will be issued in the run-up to a compulsory inheritance certificate, which includes the estate comprised of active and passive, the heirs and their assigned quotas, and their agreement on the mode of liquidation of the liabilities of the estate, the appointment of the liquidator and the date of completion of the procedure.
  

(2) the notary public will take care of the inheritance certificate advertising wound up in public records.
  


Article 123 (1) liquidation of the liabilities of the estate will be made by one or more liquidators who will act separately, where appropriate together times.
  

(2) In the event of death of the liquidator or where it no longer wants or is prevented to perform the task, it will be replaced, in accordance with the same procedure as in the case of its appointment.
  

(3) pending the appointment of a new liquidator, all operations are ongoing in the proceedings for the liquidation of the succession patrimony by the liquidator who no longer can fulfil the tasks will be suspended.
  


Article 124 the liquidator who performs his duties under the supervision of a notary public can be appointed: a) the defunct, by testament or in writing, either as executor or as liquidator;
  

b) by the heirs of the deceased, either of them or a third party;
  

c) by the Court, where disagreements arise between the heirs of the appointment of the liquidator, or in the case of inability of the designation of his replacement times by them.
  


Article 125 Liquidator is entitled to the remuneration established by the heirs at the time of his appointment and the reimbursement of expenses incurred in the winding-up proceedings. Within the limits of remuneration and the expenditure incurred, the liquidator's claim is privileged over all other claims.


Article 126


In the exercise of his powers, the liquidator performs the following procedures: a) achieves claims succession;
  

b) pays the debts of the estate, using for this purpose the existing amounts in the assets of the estate, as well as those on the realisation of claims;
  

c) leverages movable/immovable property of the deceased. Capitalizing on these goods will be made either by selling the goods at public auction, or through the conclusion of lease payment with creditors of the succession, in accordance with the law.
  


Article 127 (1) the method of use of the property will be offered by liquidator to the heirs of the deceased, which will approve the proposal of the liquidator through authentic writing.
  

(2) the authentic heirs through the entries shall comply with the procedure for recovery of assets proposed by the liquidator of the deceased has the value of a special mandate.
  

(3) where the liquidator of the succession is the notary public appointed with the agreement of all the heirs, and the heirs agree to the sale of those goods by public auction, the notary public will proceed to valuing these assets.
  


Article 128 the procedure of organizing the public auction at which will be valued assets and movable property of the deceased will be ascertained and is detailed in the implementing rules of this law.


Article 129 (1) the duration of the liquidation procedure of the liabilities of the estate may not exceed one year; It may be extended by agreement of all the heirs.
  

(2) notary public may ask the Court replacing the liquidator that lies in the impossibility to execute the task, a neglect or do not observe it.
  


Article 130 The termination of the liquidation, the liquidator of the succession or will present public notary instrumentator a report which will detail all the operations carried out in order to recover debts and liabilities of the estate. Where the liquidator is even the notary public, the minutes will be surveyed.


Article 131 after the termination of the liquidation, the notary will issue a certificate of inheritance, the estate will be highlighted product net of liquidation.


Article 132 the Division of inheritance between heirs can be done only after the issuance of the certificate of inheritance issued after liquidation.


Section 5 of the procedure of mediation and arbitration for settling disputes cross-Article 133 (1) disputes between public notaries on the exercise of the profession, professional relations, those between the venturers or concerning interaction between different forms of exercise of the profession are subject, prior to any other court proceedings, mediation or arbitration, if necessary, be carried out by the director of the College Board in whose constituency operates public notaries.
  

(2) disputes between the different public notaries, notaries and those of the public Rooms, the rooms, public notaries and Union, and the Union of Chambers and are subject, prior to any other court proceedings, mediation or arbitration, if necessary, be carried out by the Council.
  

(3) the Applicant will notify the President of the governing College of the Chamber or, where appropriate, the President of the Council by means of an application will expose the subject of the dispute and the chosen procedure.
  

(4) the application shall be communicated to the party concerned, which shall be invited to State, in writing, their views.
  

(5) the procedure for the conduct of the arbitration or mediation shall be established by the regulation for the application of this law.
  


Section 6 of the procedure of organization and outcome of the invitations to tender their certification Article 134 in order to allow for the completion of the liquidation procedure of liabilities of the estate, at the request of Rooms organized, public notary instrumentator of succession, dossier public auctions of movable or immovable property.


Article 135 method of organisation and conduct of the auction is determined by the regulation for the application of this law, in accordance with the provisions of the code of civil procedure, republished, with subsequent amendments and additions.


Section 7-the Procedure of divorce about notary Article 136 (1) the procedure of divorce by agreement of the spouses is under the competence of the notary public, in accordance with the law.
  

(2) before checking the territorial, the notary public will check if the law applicable to divorce for the marriage to be disposed of through the requested application is received by Romanian law.
  

(3) in proceedings for divorce, notary public notary pronounce one of the following: application for admission to) divorce; in this case, the notary public shall issue the conclusion of the acceptance of the application for divorce and issuing the certificate of divorce;
b) rejecting the application for divorce; in this case, the notary public shall issue the conclusion of refusing the application for divorce.

(4) the certificate of divorce dissolution of marriage shall be registered by the spouses, notary public, on which the former spouses will wear after divorce, as well as, where appropriate, particulars relating to parental agreement concerning minors resulting from marriage.
  


Section 8 of the Apostille Procedure and powers of notary acts in article 137 (1) where, in respect of the validity abroad of the notarial act, it is necessary to supralegalizarea the signature and seal of the notary public or apostillization of authentic instruments, these procedures are fulfilled by the room, at the main office or at the district headquarters, in whose constituency operates the notary public who instrumented the Act under the terms laid down by regulation. We also provide for the termination of the notarial act, supralegalizat of the Room to be supralegalizat by the Ministry of Foreign Affairs and the diplomatic mission or consular post of the State from Romania which act to be used. The notary public will put the party in view of the obligation of satisfying such requirements.
  

(2) notarial Offices may not consider acts emanating from the authorities of another State unless the signatures and seals of those authorities are supralegalizate by the diplomatic mission or consular post of the Member State of Romania or by Romanian Foreign Affairs Ministry.
  

(3) where by international conventions to which Romania is a party provide otherwise, applies to those conventions.
  


Section 9-the rejection of any instrument or notarial procedure Article 138 concluding rejection means the procedure by which the notary public refuse motivated performance of the notary act.


Article 139 may reject the request for the performance of both the proceedings and the act requested by hand.


Article 140 application is recorded in the general ledger, and the date of completion of rejection will bear the number of the application and the date on which it is issued.


Article 141 Conclusion of rejection shall be drawn up not later than 5 days after the registration, or, where applicable, from the date of completion of the procedure for summoning and must be substantiated in law and in fact, specifying the period within which may be attacked and to the competent court.


Article 142 (1) Against the conclusion of rejection unhappy with side can make the complaint within 10 days of travel, to the District Court in whose territorial jurisdiction, notary public performs.
  

(2) the complaint shall be lodged at the Office of the notary public who refused the request, and shall forward it without delay to the Court, together with the file of the case.
  

(3) the judgment complained of is done with the attendance of all stakeholders concerned. In settling the complaint has no quality notary public legal proceedings.
  


Article 143 the complaint if the Court admits, the notary public is obliged to comply with the judgement and will make the remaining final mention about it in drawing up the Act. The Act will meet only after payment of the fee and other fees and charges.


Section 10-the Proceedings of quoting, communication and notification in notarial matters Article 144 Summoning the parties and the documents of the proceedings in the matter of the marking shall be made in accordance with the provisions of the code of civil procedure, republished, with subsequent amendments and additions.


Article 145 Model and notification of the summons to be determined by the implementing rules of this law.


Section 11-the notary procedures of signature and Legalization. seals Article 146 (1) notary public may certify signature parties solely on records for which the law requires authentic form as a condition of validity of the Act, in compliance with the provisions of this law.
  

(2) For the legalization of a signature, the parties will submit official copies of the unsigned.
  

(3) a notary shall identify the parties, will convince you that they know the contents of the official, after which they will be required to become a party in front of all official copies.
  

4. Finally it will show that they have met the prerequisites of legalization of signature within the meaning of art. 83 lit. g), through the following: a) the date (year, month, day);
  

b) party and its presentation in person;
  

c) finding subscription notary public of all official copies.
  

(5) on application by the party, the notary public may certify that the specimen signature of the person who will be present at the seat of the notary office and who will sign the notary public.
  

(6) For the seal, the legalization will present public notary who, after verification, will prepare the conclusion of legalization.
  


B. giving definite date records Article 147 (1) Entry to which is to be given the definite date shall be made in the number of copies required by the part.
  

(2) In concluding it will show that they have met the conditions for release of definite date within the meaning of art. 83 lit. g), through the following: a) the date (year, month, day), and at the request of the party, and time;
  

b) the State in which is located the entry and its peculiarities;
  

(c) official designation) as it appears in it or, failing that, a name corresponding to the legal report found that signed up.
  

C. Certification acts Article 148 (1) notary public may certify the following facts which it finds: a) the fact that a person is alive;
  

b) that a person is in a certain place;
  

(c)) that the person in the photo is the same as the person who requires certification;
  

d) that a person, as a result of any summons or notification has been delivered or not in a certain day and at a certain time in a certain place, and its Declaration;
  

e) tombolelor results, NDRC contests, sweepstakes, lotteries, advertising of authorised entities organized according to special regulations, if not, by law, within the competence of other organs;
  

f) certification sites, software or other products, if not, by law, within the competence of other organs;
  

(g) the certification of other acts) are not given in the exclusive competence of other organs.
  

(2) In concluding it will mention the time of the finding, as well as to the offence which it is certified.
  


Article 149 (1) notary public certifies, on request, reports or decisions of the organs of any associative forms of collegial, by means of a discharge that will mention the date and place of the meeting, as well as the fact of signing the minutes or judgment by one or more of the participants.
  

(2) for the purposes of certification protocols and judgments, the notary public determines the quality of the applicants and their identities.
  

D. children's Legalization after entries Article 150 (1) a notary shall issue certified copies only on the original pleadings submitted by the parties, as were issued in their original condition, with the original copy after the confrontation.
  

(2) in the case of legalisation on identity documents or travel titles, in the conclusion of legalization will mention the purpose for which the copy is to be used.
  

(3) children can legalize both on original writing entirely, as well as on the sides of its determined, provided it does not distort the meaning of the full official.
  

(4) copy, before you play the content of the document, it will mention the "EXTRAS" and in conclusion of its legalization will make the endorsement.
  

(5) in the application for legalization of the copy will identify the entry, specifying the number of copies required by the part. A copy of the certified copy will be retained on file.
  

(6) Copies of certificates/certified notary archives are valid for 6 months.
  

(7) in closing it will show that they have met the prerequisites of the legalization of the copy within the meaning of art. 83 lit. g), through the following: a copy of the attestation of conformity) with entry presented;
  

b) the State in which is located the entry;
  

c) signature of the Secretary who made collation;
  

d official name) as it appears in it or, failing that, a name corresponding to the legal report found that signed up.
  

(8) If it legalizes writing under hand or from the archives of the Office of notary, finally it will make explicit mention in this regard.
  

(9) where the copy with the original official confrontation requires specialized training, the copy shall be issued only on the basis of the confrontation made by an expert designated by the notary law. In this case, the conclusion is signed and an expert.
  

(10) copies of the archive Office notary acts issued by the notary public shall only be issued to the parties, their successors and representatives, as well as those warranting a right or a legitimate interest. Photocopy from the original from the archive with all the particulars and amendments made up to the date of issue of the original copy of the legalized.
  

(11) in order to legalise the original copy of a inscribed in a compiled language other than the Romanian, that signed up will be translated into Romanian language translator and interpreter. Authenticated copies of the original's entry accompanied by translation into Romanian language, will be issued to the party in number of copies required. A copy thereof shall be kept in the notary archives.
  

E. Making legalization of translations Article 151 (1) to perform the translation, if it is not submitted by the notary public duly authorised for that purpose, the translator certified according to the law, which has drawn up a translation, will sign the certification of its formula, and the clerk will legalize the translator's signature. Legalisation can be done and after specimen signature submitted to the notary public office.
  

(2) If entry is translated from Romanian language in a foreign language or a foreign language to another foreign language, so the translation certification and legalisation of the notary public will make the language into which the translation is made.
  

F. Receiving into the repository of records and documents, Article 152 (1) on receipt of the deposit of the goods, documents and documents submitted by the parties, as well as other sums of money, other property, records or documents found on the occasion of the inventory of the estate, the notary public will mention, in closing, that they have met the prerequisites of the receipt of the deposit within the meaning of art. 83 lit. g), through the following: a) filing date (year, month, day), and at the request of the party, and time;
  

b) identification documents or goods handed over, all the data required for this purpose;
  

(c) the name of the depositor) and the person should be release records or assets;
  

(d)).
  

(2) the notary public can turn to a specialized company for the purpose of carrying out the procedure laid down in paragraph 1. 1. If the notary public will consider that may not provide optimal conditions for the performance of such procedure, may refuse the fulfilment of it.
  

G. acts of protest of bills of Exchange, cheques and other titles to order, Article 153 Preparation of protest of bills of Exchange, cheques and other titles in order shall be made under the conditions laid down by special laws.

H. release of duplicates of notarial records Article 154 (1) at the request of the party, the notary public may issue a duplicate of the original act set in its archive.
  

(2) in the text of the duplicate reproduce verbatim the contents of the official, and the conclusion of the official compilation of original nodded. In place of the original signature must be mentioned the family name and surname of each signatory.
  

(3) Duplicate the same conclusive force as original entry.
  

(4) the jurisdiction of issuance of duplicates of papers issued by the State notary's offices or other organs with notarial activity belongs to the institution which has taken over their archives.
  

I. Restoring the original acts in article 155 (1) acts which have gone without undergoing a rebuild original shall, upon request, by concluding, on the basis of the agreement of the parties or, where appropriate, their successors.
  

(2) the replenishment is made by the notary public from which it is drawn up or if he was stopped, by the notary who took the archive (s) designated for that purpose by the director of the College's President. Restoring is done with the attendance of all parties or their successors.
  

(3) in the absence of the parties, will be restoring the missing documents do Court in Vienna which is the notary who drew up the Act, in accordance with the provisions of the code of civil procedure, republished, with subsequent amendments and additions.
  

(4) where the Act disappeared was made by other organs with notarial activity, replenishment is made by the Court in Vienna which is the organ that drew up the Act or is domiciled or has his seat fold one of the parties, as appropriate.
  


Chapter VI control of notary archives and records the activity of the notary activity Control Section 1 Article 156 (1) notarial Acts are subject to judicial control, pursuant to article. 157. (2) the activity of notaries public is inspected by professional administrative, under the present law.
  


Article 157 (1) notarial Acts may be appealed by the parties or any interested person through action in annulment at the Court, in accordance with the provisions of the code of civil procedure, republished, with subsequent amendments and additions.
  

(2) at the same time, the complaint may be dissatisfied with the conclusion to reject the application of an act by the notary, within 10 days of the date when you first became aware, at the District Court in the district which is the notary who has denied carrying out the Act.
  

(3) the complaint shall be lodged at the Office of the notary public who refused the request, and shall forward it without delay to the Court, together with the file of the case.
  

(4) the Prosecution of the complaint dealing with the attendance of all stakeholders concerned. In the case of acceptance of the complaint, the Court judgment shall indicate in the manner in which it must be drafted the Act.
  


(5) the notary public is obliged to comply with the judgment of the Court's remaining final and irrevocable *).
  

_ _ _ _ _ _ _ _ _ Note *) see footnote asterisk from the end of art. 74 para. (11) Article 158 (1) professional Administrative Control is exercised by the National Union of notaries public by its management and Board will consider: a) the Organization of the boards of public notaries and registrars of public notaries;
  

b) quality acts and works concluded by public notaries;
  

c) fulfil legal, statutory and professional conduct.
  

(2) the Council may delegate the College director of Control Room referred to in paragraph 1. (1) (a). b) in his constituency.
  

(3) the Minister of Justice may order the activity of notaries public by inspectors general.
  


Section 2 of the Archive and track activity Article 159 (1) notary Archive is owned by the State and store are preserved and taught in accordance with the law.
  

(2) where the director finds College following inspections that are not fulfilled the obligations laid down in paragraph 1. (1), will assess the take-over of the archive to be kept and maintained in accordance with the law.
  


Article 160 (1) the Office of the notary public will have its own repository and registry.
  

(2) the Secretariat shall carry out the operations relating to the receipt, recording and sending of correspondence, registration and filing of documents, keeping records, and other ancillary work needed smooth notary.
  

(3) the notary public will keep records and accounts.
  


Article 161 (1) side of the Chamber and its headquarters will have its own repository and will be able to hold and preserve the archives of notary offices, including under the approval of the director of the College.
  

(2) the archives established in paragraph 1, the conditions of the Chambers. (1) notarial offices, archives and the National Notary registers are in the public interest.
  

(3) for the issue of duplicates or copies of these acts of arhive, straightening clerical errors or obvious omissions, and for replenishment of notary documents, College directory will appoint a notary public.
  

(4) For the issue of certified copies of acts of these archives, College director shall designate an employee with the legal studies.
  

(5) the jurisdiction of issue copies of acts issued by State notary's offices or other organs with notarial activity, belongs to the institution which has taken over their archives.
  


Article 162 (1) at Union level, the following registers: (a) works) national register of notarial record of the succession (RNNES), the inheritance causes relating to Romanian citizens, foreigners or stateless persons with domicile abroad, from whom the goods were left in Romania;
  

b) national register of notarial records of liberties (RNNEL), in which shall be recorded all instruments of donation, legacy, revocation of their provisions, and the retraction of their revocation;
  

c) national register of notarial records of inheritance options (RNNEOS), in which shall be recorded all notarial relating to acceptance, namely renunciation of inheritance;
  

d) national register of notarial record of the proxies and cancellations (RNNEPR), the procurile/mandates given to the conclusion of the acts and fulfilment of notarial procedures, and paperwork for revocation thereof;
  

e) national register of notarial dating schemes (RNNRM), in which shall be entered, for enforceability against third parties, the matrimonial property regime chosen by the spouses;
  

f) national register of notarial register of creditors of individuals and opoziţiilor the making of partajului (RNNEC), succession planning, for enforceability against third parties, the claims of creditors in respect of their claims against an individual.
  

(2) the Union may establish other national registries and notaries required notaries public activities and the application of the provisions of the civil code, republished, with subsequent amendments.
  

(3) the registers referred to in paragraph 2, the national notary. (1) shall be kept in an electronic format and on paper by the European Union.
  

(4) transfer of information between national registers notaries notary public and kept in electronic form only electronically, on the basis of a qualified electronic signature of the user.
  

(5) the organisation and operation of the records referred to in paragraph 1. (1), subparagraph (c). a)-d) and (f)), and the procedure for their registration and consultation shall be determined by decision of the Executive Bureau of the Council.
  


Chapter VII transitional and final Provisions Article 163 of this law shall be supplemented by the provisions of the civil code, republished, with subsequent amendments, and those of the code of civil procedure, republished, with subsequent amendments and additions.


Article 164 the status of the National Union of notaries public, with normative rulings adopted by the Congress and the Council of the European Union and the Statute of the Romanian Notary Institute of Insurance Status of notaries public shall be published in the Official Gazette of Romania, part I.


Article 165 within 90 days from the date of entry into force of this law), public notaries will proceed to the establishment of Chambers of notaries public and the National Union of notaries public.
_ _ _ _ _ _ _ _ _ *) Note law. 36/1995 was published in the Official Gazette of Romania, part I, no. 92 of 16 May 1995.


Article 166 of the implementing Regulation of the present law shall be adopted by the Ministry of Justice, within 60 days after the date of entry into force *).
_ _ _ _ _ _ _ _ _ _ * Note *) see the order of the Minister of justice no. 2.333/C/2013 approving enforcement notaries and notary activity no. 36/1995, published in the Official Gazette of Romania, part I, no. 479 of 1 august 2013.


Article 167 (1) The expiry referred to in art. 165 since the entry into force of the law, the powers of the Securities and real estate advertising, all work, records, ledgers, folios transcripţiuni-inscripţiuni pawn shop, and land cards will pass within the competence of the courts in whose constituency the State notary's offices.
  

(2) At the same time names of "notary", "notary", "secretariat" or "Secretary", provided for in the regulations in force concerning duties of real estate advertising and security introduced by Decree nr. 378/1960, are replaced by the names of "Court", "judge", "registry" or "Registrar" as appropriate.
  

(3) For duties referred to in paragraph 1. (1) courts will take the required number of State notaries, as well as staff with such powers, at the time the State notary's offices.
  


Article 168 public Notaries will start working after 6 months from the entry into force of this law.


Article 169 local councils and regions, prefects, and the Justice Ministry have the obligation to make available to the public notary, at their request, the spaces necessary for the Organization and proper functioning of the public services which they provide, by renting without tender.


Article 170 (1) Notaries public will engage with school teachers, notaries, priority support staff and administrative service to the State notary's offices.
  

(2) staff remained available will be employed through the redeployment of the Ministry of Justice, in its system, according to the law.
  


Article 171 (1) notarial Works in progress to resolve the State notary's offices will be completed by the time of take-over activity by public notaries in accordance with the procedure laid down in this law.
  

(2) State Archive notariatelor outgoing will teach people in whose constituency is located.
  

(3) Causes the inheritance who still dates debate, after termination notariatelor State, it will teach the public notaries whose offices are located in the District Court in which the deceased had its last home, according to criteria established by the director of the College.
  


Article 172 (1) notarial Offices established under the present law may hold offices in villages in the same district in which have not set up offices of public notaries.
  

(2) If, at a later stage the establishment of a secondary establishment in that locality shall draw up notarial Office principal, secondary headquarters is dissolved.
  

(3) the registration of the registered office shall be made secondary in compliance with the procedure laid down in article 21. 39 in paragraph 1. 1. Article 173 whenever elsewhere it uses the phrase "notaries" or "notary" shall be interpreted to mean "public notary office" and, where appropriate, "notary public".


Article 174 on expiry of the period provided for in art. 168, Decree nr. 387/1952 regarding the pursuit of debt about authentication, the Decree nr. 40/1953 on the notary succession procedure, Decree nr. 377/1960 for the Organization and operation of State and Notary regulation relating to the application of the provisions of the Decree nr. 377/1960 for the Organization and operation of State Notary approved by H.C.M. nr. 1.518/1960, as well as any other provisions to the contrary are hereby repealed.


Annex


Notaries public rooms, their territorial districts and localities in which it is the main headquarters of the No.
CRT.

The name of the Chamber of notaries public the counties covered by the Vienna Chamber of Notaries locality in which it is situated main 1, Alba Iulia, Alba, Hunedoara, Sibiu municipality of Alba Iulia 2 Bacau Bacau Bacau Neamt 3 Brasov Braşov, Covasna Brasov Bucuresti Ilfov, Calarasi, Ialomita 4 Giurgiu and Teleorman Bucharest Bucharest 5 Bistriţa-Năsăud Cluj Maramureş, Sălaj, Cluj Cluj-Napoca 6 Constanta Constanta, Tulcea and Constanta Dolj Craiova 7 Mehedinţi, Gorj County the municipality of Craiova 8 Galaţi Olt Brăila-Galaţi Municipality Vrancea Galati Iasi Iasi 9 Vaslui municipality of Iaşi, Oradea Bihor, Satu Mare 10 Oradea Arges Pitesti 11 Valcea municipality of Piteşti, Ploieşti, Buzău, Dâmboviţa 12 Prahova Ploieşti municipality of Suceava Suceava, Botoşani 13, Suceava, Harghita, Mureş 14 Targu Mures Targu Mures 15 Timisoara, Arad, Caraş-Severin, Timiş Timişoara _ _ _ _