LEGE no. 136 136 of 29 December 1995 (* updated *) on insurance and reinsurance in Romania ((updated on 27 July 2015 *)
ISSUER
PARLIAMENT
---------- The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 In Romania, the insurance activity is carried out in the form of life insurance and general, optional or mandatory, under the law. ------------ Article 1 has been amended by section 1. 1 1 of art. I of LAW no. 172 172 of 14 May 2004 , published in MONITORUL OFFICIAL no. 473 473 of 26 May 2004. + Article 1 ^ 1 Within the meaning of the present law, the following terms and expressions have the following meanings: 1. insurance contractor-the person who concludes the insurance contract for the insurance of a risk regarding another person and undertakes the insurer to pay the insurance premium; 2. vehicle-any means of transport, with or without its own propulsion, intended for movement on land, including any type of trailer, whether or not coupled, except for those moving on rails, bicycles or vehicles with animal traction; ------------- Item 2 of art. 1 ^ 1 has been amended by section 4.2 1 1 of art. I of LAW no. 304 304 of 13 November 2007 , published in MONITORUL OFFICIAL no. 784 784 of 19 November 2007. 3. the injured person-the person entitled to receive compensation for the damage suffered as a result of a risk covered by a civil liability insurance contract; 4. damage-the negative effect suffered by the injured person by producing a risk covered by a civil liability insurance contract; 5. National Office-professional organization, established in accordance with Recommendation no. 5 of 25 January 1949, adopted by the Road Transport Subcommittee of the Inter Transport Committee of the Economic Commission for Europe of the UN, and which groups insurance companies that are authorised in a state to practice the insurance of civil liability; 6. Office of Motor Insurers in Romania-national office in Romania; 7. territorial coverage limits of liability insurance for damage caused by vehicle accidents: ------------- The introductory part of section 7 7 of art. 1 1 ^ 1 has been modified by art. II of LAW no. 304 304 of 13 November 2007 , published in MONITORUL OFFICIAL no. 784 of 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle". a) territory of Romania; ... b) the territory of the Member States of the European Union and of the European Economic Area; ... c) the territory of the states that directly link two European Union member countries where there is no national office; ... 8. Green Card-international insurance document issued on behalf of the national office, in accordance with Recommendation no. 5 of 25 January 1949, adopted by the Road Transport Sub-Committee of the Committee for Transport of the Interior of the UN Economic Commission for Europe; 9. fransiza-the part of the damage borne by the injured person, established as a fixed value or percentage of the total compensation provided for in the insurance contract. -------------- Section 9 of the art. 1 ^ 1 has been amended by section 4.2 1 1 of the single article of LAW no. 283 283 of 5 October 2005 , published in MONITORUL OFFICIAL no. 897 897 of 7 October 2005. 10. vignette-sticker that applies to the windscreen of the vehicle or to another visible place from the outside, certifying the existence of an RCA insurance policy for that vehicle, issued together with the RCA insurance policy. ------------- Item 10 of art. 1 ^ 1 was introduced by section 1. 2 2 of art. I of LAW no. 304 304 of 13 November 2007 , published in MONITORUL OFFICIAL no. 784 784 of 19 November 2007. -------------- Article 1 ^ 1 was introduced by item 1. 1 1 of art. I of EMERGENCY ORDINANCE no. 61 61 of 23 June 2005 , published in MONITORUL OFFICIAL no. 562 562 of 30 June 2005. + Article 2 In optional insurance the relations 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 In compulsory insurance the relations between the insured and the insurer, the rights and obligations of each party are established by law. ------------ Article 3 has been amended by section 3. 2 2 of art. I of LAW no. 172 172 of 14 May 2004 , published in MONITORUL OFFICIAL no. 473 473 of 26 May 2004. + Article 4 For the purposes of this law, it is mandatory to provide civil liability for damage caused by vehicle accidents, as well as trams, within the territorial limits of coverage. ------------- Article 4 has been amended by art. II of LAW no. 304 304 of 13 November 2007 , published in MONITORUL OFFICIAL no. 784 of 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle". + Article 5 Compulsory insurance is practised: a) by insurance companies in Romania authorized by the Insurance Supervisory Commission; ... b) by insurance companies authorized by the competent authorities of the Member States of the European Union that carry out activity in Romania according to the right of establishment and free movement of services. Insurance companies that have the right to practice compulsory insurance according to par. 1, at the request of the insured potential, concludes the insurance by releasing a proof document. ... ------------- Article 5 has been amended by section 6.6. 3 3 of art. I of EMERGENCY ORDINANCE no. 61 61 of 23 June 2005 , published in MONITORUL OFFICIAL no. 562 562 of 30 June 2005. + Article 6 Reinsurance operations shall complement the insurance business by ceding and receiving risks in the domestic and international insurance market. Repealed. ------------ Paragraph 2 of art. 6 6 has been repealed by section 6.6. 5 5 of art. I of LAW no. 172 172 of 14 May 2004 , published in MONITORUL OFFICIAL no. 473 473 of 26 May 2004. In reinsurance operations, the relationships between the reinsured and the reinsurer, the rights and obligations of each party shall be determined by the reinsurance contract. + Article 7 Repealed. ------------ Article 7 was repealed by point (a). 6 6 of art. I of LAW no. 172 172 of 14 May 2004 , published in MONITORUL OFFICIAL no. 473 473 of 26 May 2004. + Article 8 The approval and finding of the insured risks, the assessment of damages, the establishment and payment of compensation or the insured amounts are carried out under the law and the norms adopted on the basis of the law by the Insurance Supervisory Commission, for compulsory insurance, or insurance contract, in the case of optional insurance. For the events involving two vehicles, from which only material damage resulted, the approval of insurance companies can also be made on the basis of a typified form, issued by insurance companies, called an amicable accident finding, in which the drivers of the vehicles concerned record the circumstances of the occurrence of the event, the personal identification data of the vehicles involved and of their own insurers. The form, dimensions, content, and procedures regarding the use of the typified form shall be established by rules issued by the Insurance Supervisory Commission. ------------- Article 8 has been amended by section 6.6. 3 3 of art. I of LAW no. 304 304 of 13 November 2007 , published in MONITORUL OFFICIAL no. 784 784 of 19 November 2007. + Chapter II Insurance Contract + Section 1 Contract conclusion. Rights and obligations + Article 9 Repealed. ------------ Article 9 was repealed by point (a). 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 10 Repealed. ------------ Article 10 has been repealed by point (a) 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 11 Repealed. ------------ Article 11 was repealed by point (a). 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 12 Repealed. ------------ Article 12 has been repealed by point (a) 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 13 Repealed. ------------ Article 13 has been repealed by point (a) 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 14 Repealed. ------------ Article 14 has been repealed by point (a). 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 15 Repealed. ------------ Article 15 has been repealed by point (a). 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 16 Repealed. ------------ Article 16 has been repealed by point (a) 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 17 Repealed. ------------ Article 17 has been repealed by point (a) 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 18 Repealed. ------------ Article 18 has been repealed by point (a) 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 19 Repealed. ------------ Article 19 has been repealed by point (a) 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 20 Repealed. ------------ Article 20 was repealed by point (a). 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 20 ^ 1 Repealed. ------------ Article 20 ^ 1 was repealed by point (a). 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 21 Repealed. ------------ Article 21 has been repealed by point (a) 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 22 Repealed. ------------ Article 22 was repealed by point (a). 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 23 Repealed. ------------ Article 23 has been repealed by point (a) 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Section 2 Insurance of goods + Article 24 Repealed. ------------ Article 24 was repealed by point (a). 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 25 Repealed. ------------ Article 25 was repealed by point (a). 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 26 Repealed. ------------ Article 26 was repealed by point (a). 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 27 Repealed. ------------ Article 27 was repealed by point (a). 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 28 Repealed. ------------ Article 28 was repealed by point (a). 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 29 Repealed. ------------ Article 29 has been repealed by point (a). 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 30 Repealed. ------------ Article 30 was repealed by point (a). 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Section 3 Insurance of persons + Article 31 Repealed. ------------ Article 31 has been repealed by point (a). 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 32 Repealed. ------------ Article 32 has been repealed by point (a) 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 33 Repealed. ------------ Article 33 has been repealed by point (a) 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 34 Repealed. ------------ Article 34 has been repealed by point (a) 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 35 Repealed. ------------ Article 35 has been repealed by point (a) 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 36 Repealed. ------------ Article 36 has been repealed by point (a) 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 37 Repealed. ------------ Article 37 has been repealed by point (a) 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 38 Repealed. ------------ Article 38 was repealed by point (a). 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 39 Repealed. ------------ Article 39 has been repealed by point (a) 30 30 of art. I of LAW no. 172 172 of 14 May 2004 , published in MONITORUL OFFICIAL no. 473 473 of 26 May 2004. + Article 40 Repealed. ------------ Article 40 was repealed by point (a). 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 40 ^ 1 Repealed. ------------ Article 40 ^ 1 has been repealed by point (a). 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Section 4 Civil liability insurance + Article 41 Repealed. ------------ Article 41 was repealed by point (a). 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 42 Repealed. ------------ Article 42 has been repealed by point (a) 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 43 Repealed. ------------ Article 43 was repealed by point (a). 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 44 Repealed. ------------ Article 44 was repealed by point (a). 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Section 5-a Other insurance Insurance of loans and guarantees, insurance of financial losses and other insurance ------------ Title of Section 5 of the Cap. II has been amended by section 33 33 of art. I of LAW no. 172 172 of 14 May 2004 , published in MONITORUL OFFICIAL no. 473 473 of 26 May 2004. + Article 44 ^ 1 Repealed. ------------ Article 44 ^ 1 has been repealed by point (a). 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 44 ^ 2 Repealed. ------------ Article 44 ^ 2 has been repealed by section 4.2. 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 45 Repealed. ------------ Article 45 was repealed by point (a). 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Section 6 Reinsurance Co-insurance, reinsurance and retrodivestment ------------ Title of Section 6 of the Cap. II has been amended by section 35 35 of art. I of LAW no. 172 172 of 14 May 2004 , published in MONITORUL OFFICIAL no. 473 473 of 26 May 2004. + Article 45 ^ 1 Repealed. ------------ Article 45 ^ 1 has been repealed by point (a). 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 46 Repealed. ------------ Article 46 was repealed by point (a). 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 47 Repealed. ------------ Article 47 was repealed by point (a). 1 1 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Chapter III Compulsory insurance of civil liability for damage caused by vehicle accidents ------------- Title Cap. III has been amended by art. II of LAW no. 304 304 of 13 November 2007 , published in MONITORUL OFFICIAL no. 784 of 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle". + Article 48 Natural or legal persons who have vehicles subject to registration/registration in Romania, as well as trams have the obligation to ensure for civil liability cases as a result of damage caused by vehicle accidents in territorial limits of coverage and maintain the validity of the insurance contract by paying insurance premiums, as well as applying on the windscreen of the vehicle or in another visible place from outside vignette. ------------- Paragraph 1 of art. 48 48 has been amended by section 6 6 of art. I of LAW no. 304 304 of 13 November 2007 , published in MONITORUL OFFICIAL no. 784 784 of 19 November 2007. Persons entering the territory of Romania with vehicles registered/registered outside the territory of Romania shall be considered insured, under the conditions of this law, in one of the following situations: a) if the registration/registration number certifies the insurance according to the law of the state in which the vehicle or international insurance agreements valid in Romania are registered/registered; ... b) if they possess international insurance documents valid in Romania. ... ------------- Paragraph 2 of art. 48 48 has been amended by art. II of LAW no. 304 304 of 13 November 2007 , published in MONITORUL OFFICIAL no. 784 of 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle" and the term "registered" with the term "registered/registered". Exception to the provisions of this article are natural and legal persons, during the use of vehicles for races of competitions, rallies or training, which can be provided on a voluntary basis for such risks. ------------- Paragraph 3 of art. 48 48 has been amended by art. II of LAW no. 304 304 of 13 November 2007 , published in MONITORUL OFFICIAL no. 784 of 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle". + Article 48 ^ 1 When registering in circulation, making changes in the registration/registration certificate or in the identity card of a vehicle and carrying out periodic technical checks, it is mandatory to present proof of the existence of a civil liability insurance for damage caused by vehicle accidents, under the conditions of this law. The insurance contract certifies the existence of civil liability insurance for damage caused by vehicle accidents. The conclusion of the civil liability insurance contract for damage caused by vehicle accidents proves with the insurance policy/Green Card document. ------------- Article 48 ^ 1 has been amended by art. II of LAW no. 304 304 of 13 November 2007 , published in MONITORUL OFFICIAL no. 784 of 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle" and the term "registered" with the term "registered/registered". + Article 49 The insurer grants compensation, under the insurance contract, for the damages that insured persons respond to third parties damaged by vehicle accidents, as well as trams and for expenses made by insured in the civil process, in accordance with: a) the legislation in force in the state on whose territory the vehicle accident occurred and with the highest level of compensation between the one provided for in that legislation and the one provided for in the insurance contract; ... b) the Romanian legislation in force, if the injured persons are citizens of the Member States of the European Union, during a trip connecting directly to two territories where the treaty establishing the Economic Community is valid European, if there is no national office on the territory crossed where the accident occurred. ... ------------- Article 49 has been amended by art. II of LAW no. 304 304 of 13 November 2007 , published in MONITORUL OFFICIAL no. 784 of 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle". + Article 50 The compensation is granted for the amounts that the insured is obliged to pay as damages and the costs of the persons damaged by personal injury or death, as well as by damaging or destroying the goods. In the event of personal injury or death, compensation shall be granted both for persons outside the vehicle who produced the accident and for persons in that vehicle, with the exception of the driver of that vehicle. ------------- Paragraph 2 of art. 50 50 has been amended by art. II of LAW no. 304 304 of 13 November 2007 , published in MONITORUL OFFICIAL no. 784 of 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle". Compensation is also awarded if the persons who make claims for compensation are the spouse or persons who are dependent on the owner or the driver of the insured vehicle, liable for the accident. ------------- Paragraph 3 of art. 50 50 has been amended by art. II of LAW no. 304 304 of 13 November 2007 , published in MONITORUL OFFICIAL no. 784 of 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle". For damage or destruction of property, compensation is granted for goods outside the vehicle that produced the accident, and for goods in that vehicle, only if they were not transported under a contract report. existing with the owner or user of that vehicle, as well as if it did not belong to the owner, user or driver of the vehicle responsible for the accident. ------------- Paragraph 4 of art. 50 50 has been amended by art. II of LAW no. 304 304 of 13 November 2007 , published in MONITORUL OFFICIAL no. 784 of 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle". ------------ Article 50 has been amended by section 6.6. 40 40 of art. I of LAW no. 172 172 of 14 May 2004 , published in MONITORUL OFFICIAL no. 473 473 of 26 May 2004. + Article 51 Compensation, as provided for in art. 49 and 50, it is also granted if the one who was driving the vehicle, liable for the accident, is a person other than the insured. Compensation is also paid when the injured persons do not have their domicile, residence or headquarters in Romania. In case of personal injury or death of a person or damage or destruction of property, compensation is awarded if the vehicle that produced the accident is identified and insured, even if the perpetrator of the accident has remained unidentified. ------------- Article 51 has been amended by art. II of LAW no. 304 304 of 13 November 2007 , published in MONITORUL OFFICIAL no. 784 of 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle". + Article 52 If, for the same vehicle owner, at the time of the accident, there were several valid insurance, the compensation is borne in equal parts by all insurers. The compensation will be paid in full by the insurer to which the injured person was addressed, and subsequently the insurer in question will turn against the other insurers for the recovery of the compensation part, paid on their behalf. ------------- Paragraph 1 of art. 52 52 has been amended by art. II of LAW no. 304 304 of 13 November 2007 , published in MONITORUL OFFICIAL no. 784 of 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle". The insured is required to inform the insurer about the conclusion of such insurance with other insurers. + Article 53 By rules adopted by the Insurance Supervisory Commission according to the law are established: the application of compulsory insurance of motor liability, territorial coverage limits, level of compensation, payment conditions, duration of insurance, the facilities and penalties applicable to the insured, the criteria and the conditions for granting or withdrawing the authorisation, the persons who are required to enter into insurance contracts, the method of managing the insurer's refusal cases to conclude compulsory insurance of civil liability, if applicable, as well as other information on this type of insurance. ------------ Article 53 has been amended by section 6.6. 20 20 of art. I of EMERGENCY ORDINANCE no. 61 61 of 23 June 2005 , published in MONITORUL OFFICIAL no. 562 562 of 30 June 2005. + Article 54 The compensation is established and carried out according to art. 43 *) and 49, and in case of establishment of compensation by court decision, the rights of persons injured by accidents caused by vehicles owned by insured persons in Romania shall be exercised against the liability insurer civil, within the limits of its obligation, established in this chapter, with the compulsory citation of the person/persons responsible for the occurrence of the accident as forced interveners. The rights of persons injured by accidents on the territory of Romania of vehicles owned by insured persons abroad shall be exercised against the insurer by the compensation representations or by the Insurance Bureau of vehicles in Romania, as the case may be, if the conditions laid down in art. 48 48 para. 2. ------------- Article 54 has been amended by section 4. 7 7 of art. I of LAW no. 304 304 of 13 November 2007 , published in MONITORUL OFFICIAL no. 784 784 of 19 November 2007. + Article 55 Compensation shall be paid by the insurer to the injured natural or legal persons. Compensation cannot be traced by the insured's creditors. The compensation is paid to the insured if they prove that they have compensated the injured persons and the compensation is not to be recovered according to the provisions of art. 58. With the collection of compensation, the injured persons will declare in writing that they have been compensated for the damage suffered and that they no longer have any claim from the civil liability insurer and insured (guilty person) in connection with the damage. That. In case of payment by the civil liability insurer directly to the bank account of the injured person, it is considered to be fully compensated if within 30 days from the date of entry of the amount into his bank account he did not notified to the insurer of civil liability any objections relating to the amount of compensation. If the rights of the injured person subrogated the insurer according to the provisions of art. 22 *), the possible difference in compensation between optional insurance and compulsory insurance of car civil liability remains on the account of optional insurance, not being recovered from the insured (guilty person), if the compensation paid from the optional insurance does not exceed the maximum limit of compensation that may be granted by the insurer for damage caused in one and the same vehicle accident, provided for by the legislation in force. ------------- Paragraph 6 of art. 55 55 has been amended by art. II of LAW no. 304 304 of 13 November 2007 , published in MONITORUL OFFICIAL no. 784 of 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle". ------------ Article 55 has been amended by section 6.6. 22 22 of art. I of EMERGENCY ORDINANCE no. 61 61 of 23 June 2005 , published in MONITORUL OFFICIAL no. 562 562 of 30 June 2005. + Article 56 Persons who use on the territory of Romania registered/registered vehicles abroad and uninsured abroad, according to art. 48 48 para. 2, or whose insurance expires during the stay in Romania owes insurance premiums according to the legal provisions. -------------- Paragraph 1 of art. 56 56 has been amended by art. II of LAW no. 304 304 of 13 November 2007 , published in MONITORUL OFFICIAL no. 784 of 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle" and the term "registered" with the term "registered/registered". Border police personnel will not check insurance documents for vehicles registered/registered in the Member States of the European Union, for these registration/registration numbers being the guarantee of insurance. -------------- Paragraph 2 of art. 56 56 has been amended by art. II of LAW no. 304 304 of 13 November 2007 , published in MONITORUL OFFICIAL no. 784 of 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle" and the term "registered" with the term "registered/registered". At the entrance or exit of the country, the border police personnel at the checkpoints for the crossing of the state border of Romania will control the insurance documents and ask the owner, his or her the vehicle registered/registered in third countries proof of payment of the insurance premium due. Uninsured persons or persons who at the control cannot provide proof of insurance or payment thereof will be obliged to conclude the liability insurance for damage caused by vehicle accidents and to pay the insurance premium to entities designated for this purpose by insurers who have the right to practice compulsory insurance according to art. 5 5 para. 1 1 *). -------------- Paragraph 3 of art. 56 56 has been amended by art. II of LAW no. 304 304 of 13 November 2007 , published in MONITORUL OFFICIAL no. 784 of 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle" and the term "registered" with the term "registered/registered". Vehicles registered/registered in third countries entering the territory of Romania from the territory of another Member State of the European Union will not be subject to control on insurance documents, this control can only be carried out by sampling. -------------- Paragraph 4 of art. 56 56 has been amended by art. II of LAW no. 304 304 of 13 November 2007 , published in MONITORUL OFFICIAL no. 784 of 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle" and the term "registered" with the term "registered/registered". ------------ Article 56 has been amended by section 6.6. 23 23 of art. I of EMERGENCY ORDINANCE no. 61 61 of 23 June 2005 , published in MONITORUL OFFICIAL no. 562 562 of 30 June 2005. + Article 57 Repealed. ------------ Article 57 was repealed by point (a). 24 24 of art. I of EMERGENCY ORDINANCE no. 61 61 of 23 June 2005 , published in MONITORUL OFFICIAL no. 562 562 of 30 June 2005. + Article 58 The insurer recovers the amounts paid as compensation from the person responsible for the damage, in the following cases: a) the accident was produced with intent; ... b) the accident was produced during the commission of facts criminalized by the legal provisions regarding traffic on public roads as crimes committed with intent, even if these facts did not occur on such roads or during the commission. other crimes committed with intent; ... c) the accident was produced during the time when the perpetrator of the crime committed with intent tries to evade the chase; ... d) the person responsible for the damage caused the vehicle without the consent of the insured person. ... -------------- Lit. d) of art. 58 58 has been amended by art. II of LAW no. 304 304 of 13 November 2007 , published in MONITORUL OFFICIAL no. 784 of 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle". + Article 59 Repealed. ------------ Article 59 has been repealed by point (a) 46 46 of art. I of LAW no. 172 172 of 14 May 2004 , published in MONITORUL OFFICIAL no. 473 473 of 26 May 2004. + Chapter III ^ 1 Repealed. ------------ Head. III ^ 1 was repealed by the single article of LAW no. 180 180 of 12 June 2007 , published in MONITORUL OFFICIAL no. 413 413 of 20 June 2007. + Article 59 ^ 1 Repealed. ------------ Article 59 ^ 1 was repealed by the single article of LAW no. 180 180 of 12 June 2007 , published in MONITORUL OFFICIAL no. 413 413 of 20 June 2007. + Article 59 ^ 2 Repealed. ------------ Article 59 ^ 2 was repealed by the single article of LAW no. 180 180 of 12 June 2007 , published in MONITORUL OFFICIAL no. 413 413 of 20 June 2007. + Article 59 ^ 3 Repealed. ------------ Article 59 ^ 3 was repealed by the single article of LAW no. 180 180 of 12 June 2007 , published in MONITORUL OFFICIAL no. 413 413 of 20 June 2007. + Article 59 ^ 4 Repealed. ------------ Article 59 ^ 4 was repealed by the single article of LAW no. 180 180 of 12 June 2007 , published in MONITORUL OFFICIAL no. 413 413 of 20 June 2007. + Article 59 ^ 5 Repealed. ------------ Article 59 ^ 5 was repealed by the single article of LAW no. 180 180 of 12 June 2007 , published in MONITORUL OFFICIAL no. 413 413 of 20 June 2007. + Article 59 ^ 6 Repealed. ------------ Article 59 ^ 6 was repealed by the single article of LAW no. 180 180 of 12 June 2007 , published in MONITORUL OFFICIAL no. 413 413 of 20 June 2007. + Article 59 ^ 7 Repealed. ------------ Article 59 ^ 7 was repealed by the single article of LAW no. 180 180 of 12 June 2007 , published in MONITORUL OFFICIAL no. 413 413 of 20 June 2007. + Article 59 ^ 8 Repealed. ------------ Article 59 ^ 8 was repealed by the single article of LAW no. 180 180 of 12 June 2007 , published in MONITORUL OFFICIAL no. 413 413 of 20 June 2007. + Article 59 ^ 9 Repealed. ------------ Article 59 ^ 9 was repealed by the single article of LAW no. 180 180 of 12 June 2007 , published in MONITORUL OFFICIAL no. 413 413 of 20 June 2007. + Chapter IV Protection funds + Article 60 Repealed. ---------- Article 60 was repealed by letter. a) a art. 41 of LAW no. 213 213 of 21 July 2015 , published in MONITORUL OFFICIAL no. 550 550 of 24 July 2015. + Article 61 The Fund for the Protection of Victims of the Street is established, in order to protect persons damaged by accidents of vehicles subject to registration/registration, as well as trams, in which the author remained unidentified or the vehicle, respectively The tram, is not insured for civil liability for damage caused by vehicle accidents. -------------- Paragraph 1 of art. 61 61 has been amended by art. II of LAW no. 304 304 of 13 November 2007 , published in MONITORUL OFFICIAL no. 784 of 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle" and the term "registered" with the term "registered/registered". Insurers who practice liability insurance for damage caused by vehicle accidents according to art. 5 are obliged to contribute to the establishment of the fund provided for in 1 in proportion to the volume of premiums collected for this insurance, until the coverage of its payment obligations. This contribution will not exceed 5% of the gross premiums collected for this insurance. -------------- Paragraph 2 of art. 61 61 has been amended by art. II of LAW no. 304 304 of 13 November 2007 , published in MONITORUL OFFICIAL no. 784 of 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle". ------------ Paragraph 2 of art. 61 61 has been amended by section 29 29 of art. I of EMERGENCY ORDINANCE no. 61 61 of 23 June 2005 , published in MONITORUL OFFICIAL no. 562 562 of 30 June 2005. The street victims protection fund is intended for compensation payments for personal injury or deaths, if the author has remained unidentified, namely compensation payments for damage or destruction of property and personal injury or damage. deaths, if the vehicle, namely the tram, was uninsured. -------------- Paragraph 3 of art. 61 61 has been amended by art. II of LAW no. 304 304 of 13 November 2007 , published in MONITORUL OFFICIAL no. 784 of 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle". In case of damage or destruction of goods by accidents caused by vehicles, namely trams, uninsured, it remains in charge of the injured person a fransis established by the norms adopted on the basis of this law. -------------- Paragraph 4 of art. 61 61 has been amended by art. II of LAW no. 304 304 of 13 November 2007 , published in MONITORUL OFFICIAL no. 784 of 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle". The street victims protection fund will be constituted, managed, used and taken over, under the rules issued by the Insurance Supervisory Commission. The availability of the Street Victims Protection Fund, thus constituted, will be placed at the State Treasury in interest-bearing instruments, at credit institutions, in money market instruments, in government securities or securities. local public administration. ------------- Paragraph 6 of the art. 61 61 has been amended by section 6 6 of the single article of LAW no. 283 283 of 5 October 2005 , published in MONITORUL OFFICIAL no. 897 897 of 7 October 2005. In case of deficit of the Street Victims Protection Fund, the Insurance Supervisory Commission, in order to cover its obligations, may increase during the year the contribution established by the rules. In case of dispute, the rights of persons injured by accidents of vehicles subject to registration/registration, as well as trams, in which the author remained unidentified or the vehicle, namely the tram, is not insured by civil liability for damage caused by vehicle accidents, shall be exercised against the administrator of the Street Victims Protection Fund, designated by the Insurance Supervisory Commission, in accordance with the provisions of par. 5. -------------- Paragraph 8 of art. 61 61 has been amended by art. II of LAW no. 304 304 of 13 November 2007 , published in MONITORUL OFFICIAL no. 784 of 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle" and the term "registered" with the term "registered/registered". ------------ Article 61 has been amended by section 6.6. 48 48 of art. I of LAW no. 172 172 of 14 May 2004 , published in MONITORUL OFFICIAL no. 473 473 of 26 May 2004. + Article 61 ^ 1 Repealed. ---------- Article 61 ^ 1 was repealed by letter. a) a art. 41 of LAW no. 213 213 of 21 July 2015 , published in MONITORUL OFFICIAL no. 550 550 of 24 July 2015. + Chapter V Sanctions + Article 62 For non-payment of the amounts due to the Fund for the Protection of Victims of the Street art. 25 ^ 1 of Law no. 32/2000 , with subsequent amendments and completions, interest and late payment penalties are due, calculated in accordance with the legal regulations in force, applicable to the collection of budgetary claims. Interest and penalties will be transferred to the account of that fund. ---------- Article 62 has been amended by art. 43 of LAW no. 213 213 of 21 July 2015 , published in MONITORUL OFFICIAL no. 550 550 of 24 July 2015. + Article 63 It is contrary to the following facts: a) non-payment of compensation due from compulsory insurance of civil liability for damage caused by vehicle accidents, to injured persons or to insured persons, under the conditions of the rules issued on the basis of art. 53 53; ... -------------- Lit. a) a par. 1 1 of art. 63 63 has been amended by art. II of LAW no. 304 304 of 13 November 2007 , published in MONITORUL OFFICIAL no. 784 of 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle". b) non-payment of the amounts for the Protection Fund of the victims of the street, as well as the percentage contribution from the amount of gross premiums collected related to compulsory insurance; ... ---------- Lit. b) a par. 1 1 of art. 63 63 has been amended by art. 43 of LAW no. 213 213 of 21 July 2015 , published in MONITORUL OFFICIAL no. 550 550 of 24 July 2015. c) non-submission to insurers by insurance intermediaries of the amounts collected as insurance premiums, if the act does not constitute a crime. ... ------------- Lit. c) a par. 1 1 of art. 63 63 has been amended by section 4.2 7 7 of the single article of LAW no. 283 283 of 5 October 2005 , published in MONITORUL OFFICIAL no. 897 897 of 7 October 2005. d) non-compliance by insurers with the obligations provided in art. 36 36 para. 2 2 *); ... e) non-compliance by insurers with the obligations provided in art. 49 49; ... f) failure by insurers of the compensation declaration provided for in art. 55 55 para. 4 4; ... g) non-compliance by insurers with the prohibition of recovery of the compensation difference between optional insurance and compulsory insurance of motor civil liability, under the conditions of art. 55 55 para. 6 6; ... h) non-communication by the insurance broker to the insurer of the insured risk, within the period provided for in the insurance contract, under the conditions of art. 19 19 para. 3 3 *). ... ------------ Paragraph 1 of art. 63 63 has been amended by section 34 34 of art. I of EMERGENCY ORDINANCE no. 61 61 of 23 June 2005 , published in MONITORUL OFFICIAL no. 562 562 of 30 June 2005. Contraventions provided in par. 1 1 shall be found and shall be sanctioned as follows: ------------ The introductory part of para. 2 2 of art. 63 63 has been amended by section 4.2 1 1 of art. VII of EMERGENCY ORDINANCE no. 94 94 of 16 October 2013 , published in MONITORUL OFFICIAL no. 643 643 of 18 October 2013. a) for the facts of the insurers provided in par. 1 lit. a), b), d)-g), with written warning or fine from 1.000 lei (RON) to 5,000 lei (RON) and with limitation of operations, with temporary or definitive prohibition for insurers of the exercise of insurance activity, for one or more insurance categories, or with suspension or withdrawal of the authorization of the insurers; ... b) for the acts of the administrators, directors or executive directors, provided in par. 1 lit. a), b), d)-g), with a fine of 1,000 lei (RON) to 5,000 lei (RON); ... c) for the acts of insurance agents, provided in par. 1 lit. c), with a fine of 500 lei (RON) per 1,000 lei (RON); ... d) for the acts of brokers, provided in par. 1 lit. c) and h), with written warning or fine from 1.000 lei (RON) to 2,500 lei (RON) and with temporary or definitive prohibition of activity defined at art. 2 lit. C section 62 62 of Law no. 32/2000 on insurance companies and insurance supervision, with subsequent amendments and completions, or with the suspension or withdrawal of the authorization; ... e) for the facts of the insurers provided in par. 1 lit. a), b), d)-g) or for the acts of the brokers provided in par. 1 lit. c) and h), committed repeatedly or in bad faith, with the limitation of operations, with temporary or definitive prohibition for insurers of the exercise of insurance activity, for one or more categories of insurance, or with suspension or withdrawal of the insurance authorisation. ... ------------- Article 2 (2) art. 63 63 has been amended by section 7 7 of the single article of LAW no. 283 283 of 5 October 2005 , published in MONITORUL OFFICIAL no. 897 897 of 7 October 2005. The finding of contraventions shall be made by the Financial Supervisory Authority in accordance with the procedure provided by Law no. 32/2000 on insurance activity and insurance supervision, with subsequent amendments and completions. ------------ Alin. (2 ^ 1) of art. 63 63 has been introduced by section 2 2 of art. VII of EMERGENCY ORDINANCE no. 94 94 of 16 October 2013 , published in MONITORUL OFFICIAL no. 643 643 of 18 October 2013. Sanctions for the facts provided in par. 1 lit. a), b), d), e), f) and g) shall apply either to the insurers referred to in par. 2 lit. a) or persons referred to in par. 2 lit. b). ------------ Paragraph 3 of art. 63 63 has been amended by section 34 34 of art. I of EMERGENCY ORDINANCE no. 61 61 of 23 June 2005 , published in MONITORUL OFFICIAL no. 562 562 of 30 June 2005. The violation of the provisions of this law and the norms adopted in its application shall be found by the persons empowered by the Insurance Supervisory Commission and shall be sanctioned by the Board of the Insurance Supervisory Commission. The sanction decision is signed by the chairman of the Insurance Supervisory Commission and produces effects on the date of its communication to the sanctioned person. ------------ Article 63 has been amended by section 6.6. 51 51 of art. I of LAW no. 172 172 of 14 May 2004 , published in MONITORUL OFFICIAL no. 473 473 of 26 May 2004. + Article 64 Violation by natural or legal persons of the insurance obligation provided in art. 48 and 56 constitute contravention and are sanctioned with a fine from 10,000,000 lei to 20,000,000 lei and with the retention of the registration/registration certificate of the vehicle, until the presentation of the document on the conclusion of the insurance. -------------- Paragraph 1 of art. 64 64 has been amended by art. II of LAW no. 304 304 of 13 November 2007 , published in MONITORUL OFFICIAL no. 784 of 19 November 2007, by replacing the term "motor vehicle" with the term "vehicle" and the term registered "with the term" registered/registered ". The finding and application of these are made by the Police personnel. ------------ Article 64 has been amended by section 4. 52 52 of art. I of LAW no. 172 172 of 14 May 2004 , published in MONITORUL OFFICIAL no. 473 473 of 26 May 2004. + Article 65 Repealed. ------------ Article 65 was repealed by point (a). 53 53 of art. I of LAW no. 172 172 of 14 May 2004 , published in MONITORUL OFFICIAL no. 473 473 of 26 May 2004. + Article 66 For the contravention sanctions provided in art. 63 and 64, complaints are filed with competent courts, according to the law. ------------ Article 66 has been amended by section 6.6. 54 54 of art. I of LAW no. 172 172 of 14 May 2004 , published in MONITORUL OFFICIAL no. 473 473 of 26 May 2004. + Article 67 The level of fines provided in art. 63 and 64 will be updated by Government decisions, in correlation with the evolution of the consumer price index. ------------ Article 67 has been amended by section 6.6. 55 55 of art. I of LAW no. 172 172 of 14 May 2004 , published in MONITORUL OFFICIAL no. 473 473 of 26 May 2004. + Article 68 Contraventions provided for in art. 63 and 64 are applicable to the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , as amended, in so far as they are not contrary to the provisions of this law. ------------ Article 68 has been amended by section 6.6. 56 56 of art. I of LAW no. 172 172 of 14 May 2004 , published in MONITORUL OFFICIAL no. 473 473 of 26 May 2004. + Chapter VI Transitional and final provisions + Article 69 Police units, fire units, medical facilities within the public and private medical system, family doctors and other public authorities competent to investigate vehicle accidents or other events, as the case may be, will communicate, at the request of the insurers, no later than 30 days after the request, the documents and data on the causes and circumstances of the insured risks and the damage caused, in order to establish and pay by insurers insurance allowances. + Article 69 ^ 1 In Romania, insurance and reinsurance are subject to the provisions of the Civil Code and this law. ------------ Article 69 ^ 1 has been amended by section 6.6. 2 2 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 69 ^ 2 The Insurance Supervision Commission adopts mandatory rules in application of the provisions of the Civil Code and the present law. ------------ Article 69 ^ 2 has been amended by section 4.2. 3 3 of art. 192 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 70 This Law shall enter into force from 1 February 1996. On the date of entry into force of this Law, the following is repealed: Title XIII, Book I "On the insurance contract", of the Commercial Code Decree no. 471/1971 on state insurance, republished in 1988, Decision of the Council of Ministers no. 1.715/1971 for the establishment of measures in execution Decree no. 471/1971 , Government Decision no. 387/1990 on certain measures in relation to motor vehicle insurance and any other provisions to the contrary. This law was adopted by the Chamber of Deputies at the meeting of December 21, 1995, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE This law was passed by the Senate at the meeting of December 21, 1995, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. SENATE PRESIDENT prof. univ. dr. OLIVIU GHERMAN -------
