Law No. 136 Of 29 December 1995 On Insurance And Reinsurance In Romania

Original Language Title: LEGE nr. 136 din 29 decembrie 1995 privind asigurările şi reasigurările în România

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Law No. 136 of 29 December 1995 (* updated *) on insurance and reinsurance in Romania (updated July 27, 2015 *) ISSUER-PARLIAMENT------Parliament adopts this law.


Chapter I General provisions Article 1 In Romania, the insurance business is conducted in the form of life assurance and General mandatory or optional.
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Art. 1 was amended by section 1 of article. 1 of law No. 172 of 14 May 2004, published in Official Gazette No. 473 dated 26 May 2004.


Article 1 ^ 1 within the meaning of this law, the terms and expressions below have the following meanings: 1. contractor insurance-the person who concluded the insurance contract to ensure a risk relating to another person and commits against the insurer to pay the insurance premium;
2. vehicle-any mode of transport, with or without its own propulsion, intended to travel on land, including any type of trailer, whether coupled or not, except for those that run on Rails, bicycles or animal traction vehicles;
— — — — — — — — — — — —-section 2 of art. 1 ^ 1 was amended by section 1 of article. 1 of law No. 304 of 13 November 2007, published in MONITORUL OFICIAL nr. 784 on 19 November 2007.
3. the injured person-the person entitled to receive compensation for the damage suffered as a result of the production of a risk covered by a contract of indemnity insurance;
4. damage-adverse effect suffered by the injured person by producing a risk covered by a contract of indemnity insurance;
5. The National Office-Professional Organization, constituted in accordance with recommendation No. 5 of 25 January 1949 adopted by Road Transport Sub-committee of the Inland Transport Committee within the Economic Commission for Europe of the United Nations, and that groups that insurance companies are licensed in one State to practice motor vehicle liability insurance;
6. the Motor Insurers Bureau Romania-Romania National Office;
7. territorial limits of insurance coverage against civil liability for damage caused by vehicle accidents: — — — — — — — — — — — —-the introductory part of point 7 of article. 1 ^ 1 has been amended by art. II of law No. 304 of 13 November 2007, published in MONITORUL OFICIAL nr. 784 on 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle".

the territory of Romania);
  

(b)) in the Member States of the European Union and those belonging to the European Economic area;
  

c) States that links directly two EU member countries where there is no national Office;
  

8. the green card international insurance document issued on behalf of a National Bureau in accordance with recommendation No. 5 of 25 January 1949 adopted by Road Transport Sub-committee of the Inland Transport Committee within the Economic Commission for Europe of the United Nations;
9. franchise-that portion of the damage sustained by the injured person as determined as a fixed amount or a percentage of the total compensation provided for in the insurance contract.
— — — — — — — — — — — — — — point 9 of article. 1 ^ 1 was amended by section 1 of article in law No. 283 of October 5, 2005, published in Official Gazette No. 897 of 7 October 2005.
10. "vignette" sticker on the windscreen of the vehicle or in other place visible from the outside, documents certifying the existence of an insurance policy for the vehicle concerned, RCA issued together with the RCA insurance policy.
— — — — — — — — — — — — — paragraph 10 of article 10. 1 ^ 1 was introduced by section 2 of art. 1 of law No. 304 of 13 November 2007, published in MONITORUL OFICIAL nr. 784 on 19 November 2007.
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Art. 1 ^ 1 was introduced by section 1 of article. From the EMERGENCY ORDINANCE nr. 61 dated 23 June 2005, published in Official Gazette No. 562 of 30 June 2005.


Article 2 voluntary relationship between The insured and the insurer, as well as the rights and obligations of each Party shall be determined by the insurance contract.


Article 3 The relationship between insured compulsory insurance and the insurer, the rights and obligations of each Party shall be determined by law.
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Art. 3 was amended by paragraph 2 of article 9. 1 of law No. 172 of 14 May 2004, published in Official Gazette No. 473 dated 26 May 2004.


Article 4 for the purposes of this law, it is compulsory insurance against civil liability for damage caused by vehicle accidents, as well as trams, within the limits of its territorial coverage.
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Art. 4 was modified by art. II of law No. 304 of 13 November 2007, published in MONITORUL OFICIAL nr. 784 on 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle".


Article 5 compulsory insurance practice: a) by insurance companies from Romania authorized by the insurance supervisory Commission;
  

b) by insurance companies authorised by the competent authorities of the Member States of the European Union activity in Romania under the right of establishment and the free movement of services. Insurance companies have the right to practice compulsory insurance under paragraph 1. 1 at the request of the potential insured, concludes insurance releasing a signed up as proof.
  

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Art. 5 was amended by section 3 of article 9. From the EMERGENCY ORDINANCE nr. 61 dated 23 June 2005, published in Official Gazette No. 562 of 30 June 2005.


Article 6 complements the reinsurance Operations of insurance is reimbursed and risk internal and international market.
Repealed.
— — — — — — — — — — —-. 2 of art. 6 it was repealed by section 5 of art. 1 of law No. 172 of 14 May 2004, published in Official Gazette No. 473 dated 26 May 2004.
The reinsurance operations, relationships between reinsurer and a reinsured, the rights and obligations of each Party shall be determined by the contract of reinsurance.


Article 7 Repealed.
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Art. 7 was repealed by section 6 of article. 1 of law No. 172 of 14 May 2004, published in Official Gazette No. 473 dated 26 May 2004.


Article 8 Advising and finding production risks, assessing the damage, setting and payment of damages or other sums insured are performed in accordance with the law and the rules adopted on the basis of the law of insurance supervisory Commission, for compulsory insurance or insurance contract, insurance optional.
For events involving two vehicles, from which they result only material damages, advising companies in the field of insurance can be made and based on a standard form, issued by insurance companies, called finding amicable by accident, in which drivers of vehicles concerned shall record the circumstances producing the event, personally identifiable data of the vehicles involved, and their insurers.
Shape, size, content, and procedures for use of a standard form shall be determined by rules issued by the insurance supervisory Commission.
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Art. 8 was amended by section 3 of article 9. 1 of law No. 304 of 13 November 2007, published in MONITORUL OFICIAL nr. 784 on 19 November 2007.


Chapter II, Section 1 the insurance contract termination. Rights and obligations Article 9 Repealed.
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Art. 9 it was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 10 Repealed.
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Art. 10 it was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 11 Repealed.
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Art. 11 was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 12 Repealed.
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Art. 12 was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 13 Repealed.
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Art. 13 was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 14 Repealed.
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Art. 14 was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 15 Repealed.
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Art. 15 it was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 16 Repealed.
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Art. 16 it was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 17 Repealed.
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Art. 17 was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 18 Repealed.
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Art. 18 it was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 19 Repealed.
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Art. 19 was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 20 Repealed.
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Art. 20 it was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 20 ^ 1 Repealed.
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Art. 20 ^ 1 was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 21 Repealed.
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Art. 21 was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 22 Repealed.
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Art. 22 was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 23 Repealed.
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Art. 23 was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Section 2 of the Insurance of goods article 24 Repealed.
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Art. 24 was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 25 Repealed.
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Art. 25 was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 26 Repealed.
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Art. 26 was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 27 Repealed.
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Art. 27 was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 28 Repealed.
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Art. 28 was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 29 Repealed.
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Art. 29 it was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 30(1) Repealed.
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Art. 30 was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Section 3-personal insurance Article 31 Repealed.
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Art. 31 it was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 32 Repealed.
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Art. 32 it was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 33 be repealed.
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Art. 33 it was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 34 Repealed.
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Art. 34 it was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 35 Repealed.
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Art. 35 it was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 36 Repealed.
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Art. 36 was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 37 Repealed.
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Art. 37 it was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 38 be repealed.
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Art. 38 was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 39 Repealed.
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Art. 39 was repealed by article item 30. 1 of law No. 172 of 14 May 2004, published in Official Gazette No. 473 dated 26 May 2004.


Article 40 Repealed.
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Art. 40 it was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 40 ^ 1 Repealed.
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Art. 40 ^ 1 was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Section 4 of the motor vehicle liability insurance in article 41 Repealed.
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Art. 41 was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 42 Repealed.
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Art. 42 it was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 43 Repealed.
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Art. 43 it was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 44 Repealed.
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Art. 44 it was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Section 5-other insurance and credit insurance, financial loss insurance and other insurance — — — — — — — — — — —-the title of section 5. THEM has been modified by point 33 of art. 1 of law No. 172 of 14 May 2004, published in Official Gazette No. 473 dated 26 May 2004.


Article 44 ^ 1 Repealed.
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Art. 44 ^ 1 was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 44 ^ 2 Repealed.
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Art. 44 ^ 2 was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 45 be repealed.
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Art. 45 was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Section 6 provides for Co-insurance, reinsurance and retrocession — — — — — — — — — — —-the title of section 6 of Cap. THEM has been modified by item 35 of article. 1 of law No. 172 of 14 May 2004, published in Official Gazette No. 473 dated 26 May 2004.


Article 45 ^ 1 Repealed.
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Art. 45 ^ 1 was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 46 Repealed.
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Art. 46 it was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 47 Repealed.
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Art. 47 was repealed by section 1 of article. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Chapter III compulsory insurance of civil liability for damage by vehicle accidents — — — — — — — — — — — — — the title Head. III has been modified by art. II of law No. 304 of 13 November 2007, published in MONITORUL OFICIAL nr. 784 on 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle".


Article 48 natural or legal persons who owned vehicles subject to registration/registration in Romania, as well as trams have the obligation to ensure that in the event of civil liability as a result of damage caused by vehicle accidents within the territorial limits of coverage and maintain the validity of the insurance contract by paying insurance premiums, as well as to apply on the windscreen of the vehicle or in some other visible place outside vignette.
— — — — — — — — — — — —-. 1 of art. 48 was amended by section 6 of article. 1 of law No. 304 of 13 November 2007, published in MONITORUL OFICIAL nr. 784 on 19 November 2007.
People who enter the territory of Romania with vehicles registered/recorded apart the Romanian territory is considered, under the present law, in one of the following situations: a) if registration number/registration according to the law of the State insurance attest that is registered/registered vehicle insurance or international agreements valid in Romania;
  

b) if possessed international insurance documents valid in Romania.
  

— — — — — — — — — — — —-. 2 of art. 48 was modified by art. II of law No. 304 of 13 November 2007, published in MONITORUL OFICIAL nr. 784 on 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle" and the term "registered" with the term "registered/recorded".
Make an exception to the provisions of this article, individuals and legal entities on the use of vehicles for the Speedway races, rallies or trainings, which can provide on a voluntary basis for such risks.
— — — — — — — — — — — —-. 3 of art. 48 was modified by art. II of law No. 304 of 13 November 2007, published in MONITORUL OFICIAL nr. 784 on 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle".


Article 48 ^ 1 to enroll in circulation, making changes in the registration certificate/registration or in the identity card of a vehicle, when carrying out checks, mandatory periodic technical is proof of liability insurance for damage caused by vehicle accidents, under the present law.
Insurance contract certifies the existence of insurance against civil liability for damage caused by vehicle accidents. Conclusion of the contract of insurance of civil liability for damage caused by vehicle accidents turns with your homeowners insurance green card/document.
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Art. 48 ^ 1 was modified by art. II of law No. 304 of 13 November 2007, published in MONITORUL OFICIAL nr. 784 on 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle" and the term "registered" with the term "registered/recorded".


Article 49 the insurer award, on the basis of the insurance contract, for damages which the insured persons responsible towards third parties injured by vehicle accidents, as well as trams and for expenses incurred by the insured in the civil trial, in accordance with the legislation in force) of the State in which the accident occurred to the vehicle and with the highest level of claims of that provided for in the respective legislation and as set out in the insurance contract;
  


b) Romanian legislation in force, where the injured persons are nationals of EU Member States during a direct journey between two territories in which is true of the Treaty establishing the European economic community, if there is no national Office territory crossed in which the accident occurred.
  

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Art. 49 was modified by art. II of law No. 304 of 13 November 2007, published in MONITORUL OFICIAL nr. 784 on 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle".


Article 50 granted Compensation for the sums which the insured is obliged to pay by way of dezdăunare and expenses of persons injured through personal injury or death, damage and destruction of property times.
In the event of personal injury or death, compensation shall be awarded to persons both in and out of the vehicle which caused the accident, as well as for persons on that vehicle, with the exception of the driver concerned.
— — — — — — — — — — — —-. 2 of art. 50 was modified by art. II of law No. 304 of 13 November 2007, published in MONITORUL OFICIAL nr. 784 on 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle".
We offer compensation and where people making claims for damages are the husband (wife) or people who are located in the owner's maintenance times, driver responsible for the accident.
— — — — — — — — — — — —-. 3 of art. 50 was modified by art. II of law No. 304 of 13 November 2007, published in MONITORUL OFICIAL nr. 784 on 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle".
For the deterioration or destruction of the goods, compensation shall be granted for goods contained in addition to vehicle accident, and for goods contained in that vehicle, only if they were not transported on the basis of the contractual relationship existing with the owner or user of the vehicle concerned, and if the user does not belong to the owner of the time the driver responsible for the accident.
— — — — — — — — — — — —-. 4 of art. 50 was modified by art. II of law No. 304 of 13 November 2007, published in MONITORUL OFICIAL nr. 784 on 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle".
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Art. 50 was amended by point 40 of the art. 1 of law No. 172 of 14 May 2004, published in Official Gazette No. 473 dated 26 May 2004.


Article 51 Remedies as referred to in article 1. 49 and 50, and is granted where the one who drove the vehicle responsible for the accident, is a person other than the insured.
The compensation shall be paid and when people injured have not domicile, residence or registered office in Romania.
In the event of personal injury or death of a person, or damage or destruction of the goods, compensation shall be granted if the vehicle that caused the accident is identified and secured, even if the author of the accident still remained unidentified.
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Art. 51 was amended by art. II of law No. 304 of 13 November 2007, published in MONITORUL OFICIAL nr. 784 on 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle".


Article 52 where, for the same owner of the vehicle at the time of the accident, there were several valid insurance, the compensation shall bear in equal parts by all insurers. Compensation must be paid in full by the insurer to the injured person, and subsequently the insurer in the case to proceed against the other insurers for the recovery of claims paid on their behalf.
— — — — — — — — — — — —-. 1 of art. 52 was modified by art. II of law No. 304 of 13 November 2007, published in MONITORUL OFICIAL nr. 784 on 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle".
The insured has the obligation to inform the insurer about the conclusion of such insurance to other insurers.


Article 53 of the rules adopted By the insurance supervisory Commission in accordance with the law shall be established: the implementation of compulsory insurance of civil liability, the territorial limits of coverage, level of compensation, terms of payment, duration, facilities and penalties applicable to insured persons, the criteria and conditions for the granting or withdrawal of authorisation, the persons who are obliged to conclude insurance contracts, the method of management in cases of refusal of the insurer to conclude compulsory insurance against civil liability If this is the case, as well as other information relating to this type of insurance.
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Art. Amended 53 of item 20 of art. From the EMERGENCY ORDINANCE nr. 61 dated 23 June 2005, published in Official Gazette No. 562 of 30 June 2005.


Article 54 Compensation shall be established and shall be carried out in accordance with art. 43 *) and 49, and in the case of the determination of compensation by court order, the rights of persons injured by accidents of vehicles owned by the insured persons in Romania is exercised against the liability insurer within the limits of its obligation, laid down in this chapter, with the attendance of the person/persons responsible for the accident as an intervenienţi force.
Rights of persons injured by accidents occurring on the territory of Romania of vehicles owned by persons insured abroad are pursued against the insurer through representations of compensation or by Motor Insurers Bureau Romania, as appropriate, provided that the conditions laid down in article 21. 48 para. 2.
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Art. Amended 54 of point 7 of article. 1 of law No. 304 of 13 November 2007, published in MONITORUL OFICIAL nr. 784 on 19 November 2007.


Article 55 the compensation payable by the insurer of natural or legal persons injured.
Claims cannot be pursued by creditors of the insured.
The compensation shall be paid to the insured if they prove that they have compensated people injured and damages are not due to be recovered under the provisions of art. 58. With the receipt of compensation, injured people will declare in writing that they have been compensated for the damage suffered and that they no longer have any claim from third party liability insurer and insured person (offender) in connection with the damage.
In the event of payment by the insurer of liability directly into the bank account of the person injured, it is considered to be wholly compensated if, within 30 days of the date the amount in a bank account or has not notified the insurer's liability, if any, objections regarding the amount of compensation.
Where the rights of the injured person has been subrogat the insurer as prescribed. 22 *), the eventual difference in compensation between voluntary and mandatory insurance of civil liability auto insurance account remains voluntary and cannot be recovered from the insured (person responsible) if compensation paid from voluntary does not exceed the maximum limit of compensation that can be paid to the insurer for damage caused in one and the same vehicle accident as provided for by the legislation in force.
— — — — — — — — — — — —-. 6 of art. 55 was amended by art. II of law No. 304 of 13 November 2007, published in MONITORUL OFICIAL nr. 784 on 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle".
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Art. 55 was amended by point 22 of article. From the EMERGENCY ORDINANCE nr. 61 dated 23 June 2005, published in Official Gazette No. 562 of 30 June 2005.


Article 56 people using Romanian territory vehicles registered/registered abroad and uninsured, according to art. 48 para. 2, or whose insurance expires during your stay in Romania due to insurance premiums in accordance with legal provisions.
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Alin. 1 of art. 56 was modified by art. II of law No. 304 of 13 November 2007, published in MONITORUL OFICIAL nr. 784 on 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle" and the term "registered" with the term "registered/recorded".
Border police staff will not check insurance documents for vehicles registered/recorded in the Member States of the European Union for these license plates/registration being the guarantee insurance.
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Alin. 2 of art. 56 was modified by art. II of law No. 304 of 13 November 2007, published in MONITORUL OFICIAL nr. 784 on 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle" and the term "registered" with the term "registered/recorded".
At the entrance to or exit from the country, the border police personnel at the checkpoints for crossing the State border of Romania will control the insurance documents and will require its assignee or owner driver registered/registered in third countries, proof of payment of the insurance premium due. Uninsured persons or persons in control can not provide proof of insurance or payment thereof will be obliged to conclude insurance against civil liability for damage caused by vehicle accidents and to pay the insurance premium to the entities designated for that purpose by the insurers who have the right to practice compulsory insurance in accordance with art. 5 para. 1 *).
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Paragraphs 1 and 2. 3 of art. 56 was modified by art. II of law No. 304 of 13 November 2007, published in MONITORUL OFICIAL nr. 784 on 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle" and the term "registered" with the term "registered/recorded".
Vehicles registered/registered in third countries which enter the territory of Romania in the territory of another Member State of the European Union will not be checked concerning insurance documents, this control can be performed only on a random basis.
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Alin. 4 of art. 56 was modified by art. II of law No. 304 of 13 November 2007, published in MONITORUL OFICIAL nr. 784 on 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle" and the term "registered" with the term "registered/recorded".
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Art. Amended 56 of point 23 of article. From the EMERGENCY ORDINANCE nr. 61 dated 23 June 2005, published in Official Gazette No. 562 of 30 June 2005.


Article 57 Repealed.
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Art. 57 was repealed by paragraph 24 of article. From the EMERGENCY ORDINANCE nr. 61 dated 23 June 2005, published in Official Gazette No. 562 of 30 June 2005.


Article 58 the insurer shall recover the amounts paid as compensation from the person responsible for the damage occurrence, in the following cases: a) the accident was intentional;
  

b) accident was produced during the incriminated acts perpetrated by the laws concerning the circulation on public roads as offences committed with intent, even if these facts were not produced on such roads or while committing other offences committed with intent;
  

c) accident was producing during when the offender perpetrated intentionally trying to evade traceability;
  

d) person responsible for producing damage to the insured vehicle being driven without consent.
  

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Lit. d) art. 58 was modified by art. II of law No. 304 of 13 November 2007, published in MONITORUL OFICIAL nr. 784 on 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle".


Article 59 Repealed.
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Art. 59 has been repealed by article item 46. 1 of law No. 172 of 14 May 2004, published in Official Gazette No. 473 dated 26 May 2004.


Chapter III ^ 1 Repealed.
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Cap. III ^ 1 was repealed by the sole article of law No. 180 of 12 June 2007, published in MONITORUL OFICIAL nr. 413 of 20 June 2007.


Article 59 ^ 1 Repealed.
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Art. 59 ^ 1 was repealed by the sole article of law No. 180 of 12 June 2007, published in MONITORUL OFICIAL nr. 413 of 20 June 2007.


Article 59 ^ 2 Repealed.
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Art. 59 ^ 2 was repealed by the sole article of law No. 180 of 12 June 2007, published in MONITORUL OFICIAL nr. 413 of 20 June 2007.


Article 59 ^ 3 Repealed.
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Art. 59 ^ 3 has been repealed by the sole article of Act No. 180 of 12 June 2007, published in MONITORUL OFICIAL nr. 413 of 20 June 2007.


Article 59 ^ 4 Repealed.
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Art. 59 ^ 4 has been repealed by the sole article of law No. 180 of 12 June 2007, published in MONITORUL OFICIAL nr. 413 of 20 June 2007.


Article 59 ^ 5 Repealed.
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Art. 59 ^ 5 was repealed by the sole article of law No. 180 of 12 June 2007, published in MONITORUL OFICIAL nr. 413 of 20 June 2007.


Article 59 ^ 6 Repealed.
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Art. 59 ^ 6 was repealed by the sole article of law No. 180 of 12 June 2007, published in MONITORUL OFICIAL nr. 413 of 20 June 2007.


Article 59 ^ 7 Repealed.
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Art. 59 ^ 7 was repealed by the sole article of law No. 180 of 12 June 2007, published in MONITORUL OFICIAL nr. 413 of 20 June 2007.


Article 59 ^ 8 Repealed.
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Art. 59 ^ 8 was repealed by the sole article of law No. 180 of 12 June 2007, published in MONITORUL OFICIAL nr. 413 of 20 June 2007.


Article 59 ^ 9 Repealed.
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Art. 59 ^ 9 was repealed by the sole article of law No. 180 of 12 June 2007, published in MONITORUL OFICIAL nr. 413 of 20 June 2007.


Chapter IV protection of Funds Article 60 Repealed.
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Art. 60 was repealed by lit. the article) 41 of the law nr. 213 of 21 July 2015, published in MONITORUL OFICIAL nr. 550 of 24 July 2015.


Article 61 Fund protection of victims, in order to protect persons injured by accidents of vehicles subject to registration/registration, as well as trams, the author remained unidentified vehicle or tram, respectively, is not insured for civil liability for damage caused by vehicle accidents.
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Alin. 1 of art. 61 was modified by art. II of law No. 304 of 13 November 2007, published in MONITORUL OFICIAL nr. 784 on 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle" and the term "registered" with the term "registered/recorded".
Insurers who practice civil liability insurance for damage caused by vehicle accidents in accordance with art. 5 are required to contribute to the Fund referred to in paragraph 1. 1 in proportion to the volume of insurance premiums collected for it, up to cover its payment obligations. This contribution will not exceed 5% of the total gross premiums for this insurance.
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Alin. 2 of art. 61 was modified by art. II of law No. 304 of 13 November 2007, published in MONITORUL OFICIAL nr. 784 on 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle".
— — — — — — — — — — —-. 2 of art. Amended 61 of pct article 29. From the EMERGENCY ORDINANCE nr. 61 dated 23 June 2005, published in Official Gazette No. 562 of 30 June 2005.
Fund for the protection of victims of street is intended for payments of compensation for injuries or deaths, though the author remained unidentified, i.e. payments of compensation for the damage and destruction of property times injuries or fatalities if the vehicle in question, by tram, was uninsured.
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Alin. 3 of art. 61 was modified by art. II of law No. 304 of 13 November 2007, published in MONITORUL OFICIAL nr. 784 on 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle".
In the case of damage to or destruction of property by accidents of vehicles, i.e. trams, uninsured, remains the responsibility of the person injured a franchise established by the rules adopted on the basis of this law.
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Alin. 4 of art. 61 was modified by art. II of law No. 304 of 13 November 2007, published in MONITORUL OFICIAL nr. 784 on 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle".
Fund for the protection of the victims of the street will be made, administer, use and take over, according to rules issued by the insurance supervisory Commission.
Availability of the Fund for the protection of victims, thus constituted shall be placed at the State Treasury in interest-bearing instruments, credit institutions, in money market instruments, in bonds or other securities of local public administration.
— — — — — — — — — — — —-. 6 of art. 61 was amended by section 6 of article in law No. 283 of October 5, 2005, published in Official Gazette No. 897 of 7 October 2005.
In case of shortage of Fund for the protection of victims, the insurance supervisory Commission to cover its obligations, can major in the year the contribution established by rules.
In case of dispute, the rights of persons injured by accidents of vehicles subject to registration/registration, as well as trams, the author remained unidentified vehicle or tram, respectively, is not insured against civil liability for damage caused by vehicle accidents, wield against the administrator of the Fund for the protection of victims of street, designated by the insurance supervisory Commission, in accordance with paragraph 1. 5. — — — — — — — — — — — — —-. 8 of art. 61 was modified by art. II of law No. 304 of 13 November 2007, published in MONITORUL OFICIAL nr. 784 on 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle" and the term "registered" with the term "registered/recorded".
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Art. Amended 61 of point 48 of article 1. 1 of law No. 172 of 14 May 2004, published in Official Gazette No. 473 dated 26 May 2004.


Article 61 ^ 1 Repealed.
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Art. 61 ^ 1 was repealed by lit. the article) 41 of the law nr. 213 of 21 July 2015, published in MONITORUL OFICIAL nr. 550 of 24 July 2015.


Chapter V Penalties for failure to Article 62 of the amounts owed to victims ' protection fund established under the provisions of article 7 of the street. 25 ^ 1 of law No. 32/2000, as amended and supplemented, is due to the interest and penalties on late payments, calculated in accordance with the legal regulations in force, applicable to the collection of receivables. Interest and penalties will be wired to the account of the Fund concerned.
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Art. 62 was modified by art. 43 of Act No. 213 of 21 July 2015, published in MONITORUL OFICIAL nr. 550 of 24 July 2015.


Article 63 Constitutes contravention of committing the following acts: (a) the term of) failure to pay compensation owed by the compulsory insurance of civil liability for damage caused by vehicle accidents, the injured persons or to make, under rules issued pursuant to article 13. 53;
  

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Lit. of paragraphs 1 to 5). 1 of art. 63 amended by art. II of law No. 304 of 13 November 2007, published in MONITORUL OFICIAL nr. 784 on 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle".


b the term of payment) amounts intended for the Fund for the protection of victims, as well as of the contribution as a percentage of gross premiums related to compulsory insurance;
  

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Lit. b) of paragraph 2. 1 of art. 63 amended by art. 43 of Act No. 213 of 21 July 2015, published in MONITORUL OFICIAL nr. 550 of 24 July 2015.

c) failure to insurers by the insurance intermediaries to sums received by way of insurance premiums, if the Act does not constitute infringement.
  

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Lit. c) of paragraph 2. 1 of art. Amended 63 of point 7 of article in law No. 283 of October 5, 2005, published in Official Gazette No. 897 of 7 October 2005.

d) failure by insurers to comply with the obligations laid down in article 21. 36 para. 2 *);
  

e) failure by insurers to comply with the obligations laid down in article 21. 49;
  

(f) failure by insurers) Declaration of claims referred to in article 1. 55 paragraph 1. (4);
  

g) failure by insurers to ban recovering compensation difference between voluntary and compulsory insurance against civil liability, pursuant to article. 55 paragraph 1. 6;
  

h) by failure to include insurance broker by the insurer to the insured risk, production during the period covered by the insurance contract, pursuant to article. 19 para. 3 *).
  

— — — — — — — — — — —-. 1 of art. Amended 63 of item 34 of art. From the EMERGENCY ORDINANCE nr. 61 dated 23 June 2005, published in Official Gazette No. 562 of 30 June 2005.
Offences referred to in paragraph 1. 1 it is established and shall be imposed as follows: — — — — — — — — — — — — the introductory part of paragraph 1. 2 of art. 63 was amended by section 1 of article. VII of the EMERGENCY ORDINANCE nr. 94 of 16 October 2013, published in MONITORUL OFICIAL nr. 643 of 18 October 2013.

for insurers of) referred to in paragraph 1. and (b). a), b), d)-g), with a warning or a fine from 1,000 lei (RON) at 5,000 lei (RON) and curbing, with temporary or permanent ban for insurers of insurance activity, for one or several classes of insurance or suspending withdrawal times for insurers;
  

b) for administrators, directors or executives, referred to in paragraph 1. and (b). a), b), d)-g), with a fine from 1,000 lei (RON) at 5,000 lei (RON);
  

c) for insurance agents, referred to in paragraph 1. and (b). c), with a fine from 500 lei (RON) at 1,000 lei (RON);
  

d) for brokers, specified in paragraph 2. and (b). c) and h) with caution or a fine from 1,000 lei (RON) at 2,500 lei (RON) and with temporary or permanent prohibition of the activity defined in article 10. 2(a) (C) item 62 of the Act No. 32/2000 concerning insurance undertakings and insurance supervision, as amended and supplemented, suspended or withdrawal times;
  

e) insurers for the acts listed in paragraph 1. and (b). a), b), d)-g) times for brokers listed in paragraph 1. and (b). c) and h), committed repeatedly or in bad faith, with a limiting operations, with temporary or permanent ban for insurers of insurance activity, for one or several classes of insurance or suspending withdrawal times for insurers.
  

— — — — — — — — — — — —-. 2 of art. Amended 63 of point 7 of article in law No. 283 of October 5, 2005, published in Official Gazette No. 897 of 7 October 2005.
The finding of violations is done by the Financial Supervision Authority pursuant to the procedure provided by law. 32/2000 relating to the insurance business and insurance supervision, with subsequent amendments and additions.
— — — — — — — — — — —-. (2 ^ 1), art. 63 was introduced by section 2 of art. VII of the EMERGENCY ORDINANCE nr. 94 of 16 October 2013, published in MONITORUL OFICIAL nr. 643 of 18 October 2013.
Penalties for the conduct referred to in paragraph 1. and (b). a), b), d), (e)), f) and (g)) applies to be referred to in paragraph 1, insurers. 2(a) a) or persons referred to in paragraph 1. 2(a) b). — — — — — — — — — — —-. 3 of art. Amended 63 of item 34 of art. From the EMERGENCY ORDINANCE nr. 61 dated 23 June 2005, published in Official Gazette No. 562 of 30 June 2005.
Infringements of the provisions of this Act and the rules adopted in implementation thereof are found specifically empowered persons of the insurance supervisory Commission and shall be imposed by the Board of the insurance supervisory Commission.
The decision of sanction shall be signed by the Chairman of the supervision of insurance and shall take effect on the date of its communication to the person sanctioned.
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Art. Amended 63 of point 51 of article. 1 of law No. 172 of 14 May 2004, published in Official Gazette No. 473 dated 26 May 2004.


Article 64 Infringement by persons or bodies to the obligation of insurance set out in article 11. 48 and 56 constitutes contravention and shall be sanctioned with a fine of MDL to 10,000,000 to 20,000,000 lei and retention of registration/registration certificate of the vehicle until the presentation of the document concerning the conclusion of the insurance.
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Alin. 1 of art. 64 was modified by art. II of law No. 304 of 13 November 2007, published in MONITORUL OFICIAL nr. 784 on 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle" and the term "registered with the term" registered/recorded ".
Finding and applying them are carried out by Police personnel.
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Art. 64 was modified by item 52 of article. 1 of law No. 172 of 14 May 2004, published in Official Gazette No. 473 dated 26 May 2004.


Article 65 Repealed.
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Art. 65 has been repealed by article 53, item. 1 of law No. 172 of 14 May 2004, published in Official Gazette No. 473 dated 26 May 2004.


Article 66 For administrative sanctions referred to in article 1. 63 and 64, the complaints are submitted to the competent courts, in accordance with the law.
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Art. Amended 66 of point 54 of article. 1 of law No. 172 of 14 May 2004, published in Official Gazette No. 473 dated 26 May 2004.


Article 67 the level of fines under article 4. 63 and 64 will be updated through the decisions of the Government, in conjunction with the evolution of the consumer price index.
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Art. 67 was modified by item 55 of the art. 1 of law No. 172 of 14 May 2004, published in Official Gazette No. 473 dated 26 May 2004.


Article 68 Irregularities referred to in article 1. 63 and 64 shall apply to them the provisions of Ordinance No. 2/2001 on the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended, in so far as they are not contrary to the provisions of this law.
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Art. 68 was amended by article item 56. 1 of law No. 172 of 14 May 2004, published in Official Gazette No. 473 dated 26 May 2004.


Chapter VI transitional and final Provisions Article 69 police units, fire units, medical units within the public and private medical system, family doctors and other public authorities competent to investigate vehicle accidents or other events, as appropriate, shall communicate, at the request of the insured, not later than 30 days after the request, documents and data on the causes and circumstances of production risks insured and the damages in view of the establishment and payment of allowances by the insurers.


Article 69 ^ 1 In Romania, non-life insurance and reinsurance are subject to the provisions of the civil code and of this law.
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Art. 69 ^ 1 was amended by paragraph 2 of article 9. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 69 ^ 2 the insurance supervisory Commission shall adopt binding rules in the civil code and the provisions of this law.
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Art. 69 ^ 2 was amended by section 3 of article 9. Act No. 192 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 70 this Act enter into force with effect from 1 February 1996.
On the date of entry into force of the present law shall repeal: book I, title XIII, "About the insurance contract", of the commercial code, Decree nr. 471/1971 with respect to State insurance, republished in 1988, decision of the Council of Ministers No. 1.715/1971 for the establishment of measures in the enforcement of the Decree nr. 471/1971, Government decision No. 287/1990 on measures in connection with the provision of vehicles, as well as any other provisions to the contrary.

This law was adopted by the Chamber of deputies at its meeting on 21 December 1995, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.

PRESIDENT of the CHAMBER of DEPUTIES ADRIAN NASTASE this law was adopted by the Senate at its meeting on 21 December 1995, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.

SENATE PRESIDENT Prof. Dr. O'LEARY GHERMAN — — — — — — —

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