Law No. 188 Of 1 October 2000 On Bailiffs

Original Language Title:  LEGE nr. 188 din 1 octombrie 2000 privind executorii judecătoreşti

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Law No. 188 of 1 October 2000 (republished) (* updated *) on bailiffs (updated until 19 October 2014 *)-PARLIAMENT ISSUING — — — — — — — — — — — — *) form of this updated regulatory action until October 19, 2014 is carried out by the legal department within the S.C. "territorial Center of Electronic Computing" Piatra Neamt by including all the changes and additions brought about by law No. 76 of 24 may 2012; Law No. 187 of 24 October 2012; Law No. 255 of 19 July 2013; Law No. 138 of 15 October 2014.
The contents of this act is not an official document, being intended for the information of users — — — — — — — — — — — — — — — *) the Republished pursuant to art. II of law No. 151/2011 approving Government Emergency Ordinance nr. 144/2007 modification of paragraph 1. (1) of article 1. 37 of law nr. 188/2000 relating to the bailiffs, published in the Official Gazette of Romania, part I, no. 493 11 July 2011, posing a new texts.
Law No. 188/2000 relating to the bailiffs was published in the Official Gazette of Romania, part I, no. 559 of 10 November 2000 and was amended and supplemented by:-Government Emergency Ordinance nr. 18/2001 modification of the law nr. 188/2000 relating to the bailiffs, published in the Official Gazette of Romania, part I, no. 64 of 6 February 2001, approved by law No. 360/2001 published in the Official Gazette of Romania, part I, no. 382 of 12 July 2001;
-Government Emergency Ordinance nr. 64/2001 for the modification and completion of the law #. 188/2000 relating to the bailiffs, published in the Official Gazette of Romania, part I, no. 233 of 9 May 2001, approved with amendments and completions by law No. 540/2001 published in the Official Gazette of Romania, part I, no. 652 of 17 October 2001;
-Order No. income tax 7/2001, published in the Official Gazette of Romania, part I, no. 435 from august 3, 2001, approved with amendments and completions by law No. 493/2002 published in the Official Gazette of Romania, part I, no. 543 of 25 July 2002, and subsequently repealed by law No. 571/2003 regarding the fiscal code, published in the Official Gazette of Romania, part I, no. 927 of 23 December 2003, as amended and supplemented;
-Government Emergency Ordinance nr. 190/2005 for the completion of the necessary steps in the European integration process, as published in the Official Gazette of Romania, part I, no. 1,179 dated December 28, 2005, approved with amendments and completions by law No. 332/2006 published in the Official Gazette of Romania, part I, no. 629 from 20 July 2006;
-Law No. 278/2006 for the modification and completion of the penal code, as well as for the amendment of other laws, published in the Official Gazette of Romania, part I, no. 601 of 12 July 2006;
-Government Emergency Ordinance nr. 144/2007 for the modification and completion of the law #. 188/2000 relating to the bailiffs, published in the Official Gazette of Romania, part I, no. 880 of 21 December 2007, approved with amendments and completions by law No. 151/2011 published in the Official Gazette of Romania, part I, no. 493 11 July 2011;
-Law No. 202/2010 measures for speeding up the resolution of lawsuits, published in the Official Gazette of Romania, part I, no. 714 of 26 October 2010;
-Law No. on completion of the law # 154/2011. 188/2000 relating to the bailiffs, published in the Official Gazette of Romania, part I, no. 510 of 19 July 2011.


Chapter I General provisions Article 1 (1) enforcement of any enforceable, except those which have as their object the revenue owed to the general budget of the European Union consolidated its budget and the budget of the European Atomic Energy Community, shall be carried out only by the bailiff, even though by law provided otherwise.
  

— — — — — — — — —-. (1) of article 1. 1 was amended by section 1 of article. 37 of law nr. 76 of 24 may 2012 published in MONITORUL OFICIAL nr. 365 of 30 may 2012.

(2) meet the bailiffs and other powers given by law in their jurisdiction.
  


Article 2 (1) bailiffs are invested to carry out a service of public interest.
  

(2) the Act met the bailiff, within the limits of legal competences, bearing the stamp and signature, as well as the registration number and date, is an act of public authority and has conclusive force prescribed by law.
  


Article 3 Repealed.
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Art. 3 has been repealed by section 2 of art. 37 of law nr. 76 of 24 may 2012 published in MONITORUL OFICIAL nr. 365 of 30 may 2012.


Article 4 the coordination and control of the activity of the bailiff shall be exercised by the Ministry of Justice.


Article 5 the work of bailiffs shall be administered in accordance with the law, with respect for the rights and legitimate interests of parties and other interested persons, without distinction of race, nationality, ethnic origin, language, religion, sex, political affiliation, wealth or social origin.


Article 6 the bailiffs refuse fulfillment of a given act within their jurisdiction only in the cases and under the conditions provided by law.


Chapter II Jurisdiction article 7 bailiffs the bailiff has the following duties: a) bringing into force the provisions of civil engineering from executory;
  

b) notification of judicial and extrajudicial documents;
  

c) procedural documents;
  

d) amicable recovery of any claims;
  

precautionary measures of e) ordered by the Court;
  

discovery of f) State of affairs under the code of civil procedure;
  

g) preparation of reports of findings, if real tender followed by the amount recorded by the debtor, in accordance with the provisions of the code of civil procedure;
  

h) drawing up the law to protest non-payment of bills of Exchange, promissory notes and cheques, as appropriate;
  

I) any other acts or operations data in his jurisdiction.
  


Article 8 bailiffs carry out their duties in the District Court of appeal in the District Court where the works, if not by law provided otherwise.


Article 9 (1) in the case referred to in article 1. 7(b). the competent bailiff) is in Vienna's Court of appeal in the execution is to be made, as stipulated by the code of civil procedure.
  

(2) in the case referred to in article 1. 7(b). f) is competent bailiff in Vienna's Court of appeal in whose territorial RADIUS will make its findings.
  

(3) In other cases provided for in article 10. 7 the competent bailiff is entrusted by any party concerned, in accordance with the law.
  

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Art. 9 was amended by section 3 of article 9. 37 of law nr. 76 of 24 may 2012 published in MONITORUL OFICIAL nr. 365 of 30 may 2012.


Article 10 (1) bailiffs may be objected to in the cases and under the conditions laid down in the code of civil procedure — — — — — — — — — —-. (1) of article 1. 10 was amended by paragraph 4 of art. 37 of law nr. 76 of 24 may 2012 published in MONITORUL OFICIAL nr. 365 of 30 may 2012.

(2) the bailiff shall be required for that objection may declare that refrain.
  

(3) the interested party may ask the court bailiff execution objection as soon as he learned about one of the situations referred to in paragraph 1. (1), but only until the end of execution. The conclusion of the Court by which it was approved or rejected the abstention, and that no objection shall be countenanced any remedies.
  

— — — — — — — — —-. (3) art. 10 was amended by paragraph 4 of art. 37 of law nr. 76 of 24 may 2012 published in MONITORUL OFICIAL nr. 365 of 30 may 2012.

(4) Conclusion which rejected his challenge can be attacked only with appeal within 5 days of receipt.
  

— — — — — — — — —-. (4) article. 10 was amended by paragraph 4 of art. 37 of law nr. 76 of 24 may 2012 published in MONITORUL OFICIAL nr. 365 of 30 may 2012.

(5) Conclusion whereby it was decided to challenge will show to what extent the acts carried out by the bailiff recuzat will be kept.
  


Article 11 (1) Conflicts of jurisdiction between the bailiffs ' offices located in the same jurisdiction, a Court of appeal in deciding that the Court of appeal, on an appeal by the party concerned.
  

(2) When the conflict between the Office intervenes bailiffs located in different districts, jurisdiction lies with the Court of appeal in whose constituency lies the bailiff's Office referred to it.
  

(3) the conflicts of competence and resolve in particular.
  

(4) the Court shall decide in all cases, motivated, by concluding final.
  

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Art. 11 was amended by section 5 of art. 37 of law nr. 76 of 24 may 2012 published in MONITORUL OFICIAL nr. 365 of 30 may 2012.


Chapter III organization of the work of the bailiff section 1 organisation and functioning of bailiff offices



Article 12 (1) the bailiff shall take place within an Office can operate one or more bailiffs Associates, with appropriate support staff.
  

(2) with the Association of professional societies in the context of a bailiff shall not be disqualified from Office.
  

(3) a bailiff or bailiffs Associates, holders of an Office, bailiffs may engage interns, other staff, as well as the corresponding support staff, necessary for activity of the Office.
  


Article 13 (1) the Ministry of Justice, through the direction of specialization, prepares records bailiffs offices and works regarding the appointment and termination of the bailiff.
  

(2) the number of bailiffs is established and shall be updated annually by the Minister of Justice, in consultation with the Council of the National Union of Bailiffs, according to local requirements determined by the extent of the territory, the volume of activity and the number of inhabitants, so at 15,000 inhabitants to return at least a bailiff. Number of enforcers from a constituency will not be less than 3. Also, when the bailiffs will number envisaged and bailiff interns who have passed the examination completed.
  


Article 14 judges In a constituency can operate one or more offices of bailiffs, whose jurisdiction extends throughout the Court of appeal in the District Court is located.


Article 15 the bailiff may be a person who meets the following conditions: (a) Romanian citizenship) and domiciled in Romania;
  

b) has the ability to fully exercise;
  

c) is licensed in law;
  

d) does not have a criminal record and enjoys a good reputation;
  

e) knows the language Romanian;
  

f) is suitable in terms of healthcare for the exercise of the function;
  

g) has performed for two years the Office of bailiff trainee and has passed the examination completed or, where appropriate, exercised for three years a legal speciality and has passed the admission exam or contest in the profession. Are exempt from the examination persons who exercised for five years the post of judge, Prosecutor or Attorney, provided that they have passed the examination in its entirety not profession.
  


Article 16 (1) the bailiff is appointed by the Minister of Justice, the judges of the 2nd Circuit, in a written application of the person concerned and after checking the fulfilment of the conditions laid down in article 21. 15. (2) the emergency switchboard shall be drawn up and the bailiffs will be updated annually by the Council of the National Union of Bailiffs. Dashboard bailiff shall be published in the Official Gazette of Romania, part I, and shall be forwarded to the courts.
  


Article 17 (1) within 90 days of the notification of the order of the Minister of Justice has been appointed, the bailiff is obliged to register the appointment to the Court of appeal in whose constituency has its individual or Office set up by the Association. For this recording, the bailiff will this stamp and signature specimen.
  

(2) the Minister of Justice may, in duly justified cases, to extend this time limit period cannot exceed 90 days each.
  

(3) failure to comply with the obligation referred to in paragraph 1. (1) on the registration at the Court of appeal draws as bailiff of the suspension function.
  

(4) the filing of an application for the issue of the order of the Minister of Justice approving the bailiff assignment, followed by Minister of Justice order approving the relevant assignment, pause.
  

(5) the filing of an application for suspension before the expiry of the period referred to in paragraph 1. (1) or (2), followed by order of the Minister of Justice to suspend bailiff of the function, interrupt the flow.
  

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Art. 17 was amended by section 6 of article. 37 of law nr. 76 of 24 may 2012 published in MONITORUL OFICIAL nr. 365 of 30 may 2012.


Article 18 (1) After the appointment according to the bailiff will make oath in front of the Minister of Justice and President of the National Union of Bailiffs or their representatives.
  

(2) the oath reads as follows: "does Swear to respect the Constitution and laws of the country, let me meet with honor and probity, with conscience and without bias my duties and to keep professional secrecy. So help me God! "

(3) the reference to the deity of the formula of the oath are changing according to the religious belief of the bailiff. The bailiff without confession will make the oath without a religious formula, on the conscience and honor.
  

(4) The oath shall be concluded a report in two copies, signed by the persons referred to in paragraph 1. (1) and the person concerned. A copy of the minutes shall be kept at the registry of the Court of appeal and the other copy shall be handed to the bailiff respectively.
  

(5) in bailiffs only enters on duty after taking the oath.
  


Article 19 may be the one that trainee bailiff: a) meets the conditions required in article 8. 15 (a). a)-(f));
  

b) has passed the admission exam or contest in the profession of bailiff, organized by the National Union of Bailiffs, under the coordination and supervision of the Ministry of Justice;
  

c) is in the internship period, until the examination capacity;
  

d) is engaged in an Office of the bailiff.
  


Article 20 (1) of the admission exam or Contest in the profession of bailiff shall be held annually or whenever necessary, of the National Union of Bailiffs, under the coordination and supervision of the Ministry of Justice.
  

(2) the date and the venue of the competition or examination shall be determined by order of the Minister of Justice, in consultation with the National Union of Bailiffs.
  


Article 20 ^ 1 (1) the probationary period preceding entitlement to represent the quality of bailiff and aims at training the bailiff at the beginning of the exercise of the profession.
  

(2) the training period is two years, calculated from the date of the individual labour contract with a bailiff.
  

(3) the College director of each Chamber of bailiffs may approve upon request, reduce the period of one year for the executors of the interns in their professional activity on the basis of the results obtained at conferences and internship paragraphs bailiff code of good practice.
  

(4) the College director of each Chamber of bailiffs may approve, on the basis of a reasoned request, reduce the period of internship for interns are enforceable have entered the profession in accordance with the law. 287/2011 on certain measures relating to the organisation of the activity of enforcement of claims belonging to the credit institutions and non-banking financial institutions and, for reasons not attributable to them, have not been possible for the period of internship under art. 22 paragraph 1. (1) of the Act.
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Art. 20 ^ 1 was introduced by art. II of law No. 138 of 15 October 1986, published in MONITORUL OFICIAL nr. 753 of 16 October 2014.


Article 21 (1) of the admission exam or Contest in the profession of bailiff and completed the exam will be held in front of a Commission of which they are part, the representatives of the National Union of Bailiffs, Ministry of Justice and teaching staff in higher education.
  

(2) the conditions of such competitions or examinations shall be established by the regulation for the application of this law), approved by order of the Minister of Justice.
  

_ _ _ _ _ _ _ _ *) see the order of the Minister of justice no. 210/2001 approving the regulation implementing Law No. 188/2000 relating to the bailiffs, published in the Official Gazette of Romania, part I, no. 64 of 6 February 2001, as amended and supplemented.


Article 22 (1) the bailiff is obliged to conclude individual labour contract with the trainee bailiff and provide vocational training.
  

(2) the bailiff may delegate trainee bailiff to duties under article 4. 7(b). a)-(e)).
  

(3) verification of vocational training and the conditions of termination of the individual contract of employment of the trainee bailiff is the responsibility of the Chamber of bailiffs and the National Union of Bailiffs).
  

__________

*) See judgment of the National Union of Bailiffs nr. 19/2010 approving the statutes of the National Union of the Bailiff and the bailiff profession, published in the Official Gazette of Romania, part I, no. 713 of 26 October 2010, with subsequent amendments.


Article 23 (1) the Office of bailiff ceases: a);
  

b) through retirement or in the event the finding of incapacity for work, in accordance with the law;
  

c) by abolishing the Office of the bailiff, followed by failure without justification by the registrant of the profession, in accordance with the law, in another Office within 6 months;
  

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

e) when final judgment through was willing to defer application of condemnation or punishment against the bailiff;
  

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Lit. s) para. (1) of article 1. 23 was amended by section 1 of article. 44 of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

f) in the case of the existence of his văditei professional incapacity, rendered by canceling or abolishment of the irrevocable court judgment, of a number of judicial enforcement, representing 10% of the files run instrumented or some acts of enforcement drawn up no more than 20% of the records run instrumented in a calendar year;
  

g) where the bailiff no longer satisfies the conditions laid down in article 21. 15 (a). a), b), d), (e) and (f)));
  

h) death.
  

(1 ^ 1) The bailiff can be maintained in the activity where, for an offence committed through negligence, it was willing to postpone the application of the death penalty, suspended the death penalty, capital punishment has been applied to fine times he benefited from an amnesty or pardon before the start of the sentence and it appreciates that deed perpetrated had not encroached on the prestige of the profession.
— — — — — — — — — — —-. (1 ^ 1), art. 23 was introduced by section 2 of art. 44 of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) ceasing of bailiff or ordering, where appropriate, by the Minister of Justice, at the request of the Council of the National Union of Bailiffs or ex officio.
  


Article 24 the exercise tool of bailiff shall be suspended: (a) in the cases referred to) art. 49 lit. d) and in article 8. 50 para. (1);
  

b) in the cases of incompatibility. 42, and in the case of the prohibitions provided for by law;
  

c) in the case of non-payment of money, professional contributions for 3 months after their due date, until their full payment;
  

d) in the event of temporary incapacity for work;
  

e) at the request of the bailiff, for good reason.
  


Article 25 (1) in the cases referred to in article 1. 24 lit. a), b) and (c)) suspension is the Minister of Justice has, on its own initiative or at the request of the Council of the National Union of Bailiffs.
  

(2) in the case referred to in article 1. 24 lit. d) the bailiff is obliged to immediately inform the Chamber of bailiffs of which will require the Minister of Justice to take note of this.
  

(3) in the case referred to in article 1. 24 lit. e) suspension shall be approved by the Minister of Justice, with the opinion of the Council of the National Union of Bailiffs.
  

(4) the suspension shall cease if the circumstances which have disappeared have caused it, the provisions relating to the taking of the measure being applicable as appropriate.
  


Section 2 of the bailiffs Chamber in article 26 (1) In each constituency courts of appeal operate one of the enforcers, with legal personality.
  

(2) the Chamber of bailiffs belong to all bailiffs from District Court of appeal in question.
  


Article 27 (1) the Chamber of bailiffs is run a college directory, consisting of a Chairman, a Vice-Chairman and 3-7 members.
  

(2) the College director is chosen according to the Statute, the General Assembly of the bailiff, for a period of three years from among the members of that Chamber of the bailiff.
  

(3) the President of the College directory represents the bailiffs Chamber in its relations with third parties. He receives an allowance for the activity of deposited amount shall be established by the General Assembly.
  

(4) the College directory has a Secretary and paid assistants, in number and structure established by the General Assembly.
  


Article 28 College director of the Chamber of bailiffs have the following main tasks: to resolve grievances against parties) bailiffs and bailiff in training, taking appropriate measures, which bring them to the attention of the National Union of Bailiffs;
  

b) delegate, in exceptional cases, for a specified period not exceeding six months, a bailiff to ensure the functioning of another bailiff Office, with the President of the National Union of încunoştinţarea Bailiff and the President of the Court of appeal in whose constituency to exercise their powers; the delegation may not be repeated until after one year, except in cases in which the bailiff delegate consents;
  

c) inform National Union of Bailiffs in connection with bailiffs offices and over need for bailiffs and trainee bailiffs;
  

d draw up legal documentation) ensures consultation and information of the current bailiff;
  

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

f) proxy data and necessary work for bailiffs and ensure its dissemination;
  

g) meets other duties provided for in this law, the implementing regulation and of the Statute of the National Union of Bailiffs.
  


Section 3 of the National Union of Bailiffs in article 29 (1) bailiffs from Romania are National Union of Bailiffs, professional organization with legal personality made up of all bailiffs appointed under art. 16. (2) the governing bodies of the National Union of Bailiffs are: Congress and the President of the Council.
  

(3) Congress of the National Union of Bailiffs is made up of the delegates of each Chamber of the bailiffs, according to the norm of representation established by statute, Presidents of Chambers, and bailiffs and other members of the Council of the National Union of Bailiffs.
  

(4) the Congress of the National Union of Bailiffs at Annual Convocation convenes its Council.
  


Article 30 (1) the convening of the Congress of the National Union of Bailiffs is made within 7 days from the date of the decision of the Council of the National Union of Bailiffs and will keep within at least one month and not later than two months from the date of the call. Rooms at the enforcers will be aware, in writing and through publication in a newspaper. Bailiffs rooms are required to display the date of Convocation and agenda at their headquarters and at courts in Vienna in which it works.
  

(2) the bailiff Rooms are required to choose their delegates with at least 10 days prior to the Congress of the National Union of Bailiffs.
  

(3) Congress of the National Union of Bailiffs is constituted in the presence of two thirds of the number of members and takes decisions by a majority vote of the members present.
  

(4) where there is quorum required in paragraph 1. (3) make a new convocation of Congress National Union enforcers under the same conditions, over one month. At this convocation of the National Congress of Union of Bailiffs is constituted by the presence of a majority of delegates. If there is no quorum, the Congress of the National Union of Bailiffs is delayed again and will be reconvocat every time until the quorum referred to in this paragraph.
  


Article 31 (1) the Council of the National Union of Bailiffs will convene an extraordinary Congress at the request of one third of the members of the boards or bailiffs the majority of colleges directories enforcers.
  

(2) the convocation of the extraordinary Congress shall be made within 7 days from the date of fulfilment of the conditions laid down in article 21. 30 paragraph 2. 4. (3) extraordinary Congress shall be taken no later than 30 days from the date of the call.
  


Article 32 (1) Congress of the National Union of the Bailiff has the following duties:
  


the National Union) adopted the status of Bailiffs and House insurance;
  

(b) elect the President and Vice-Presidents of the) Council of the National Union of Bailiffs and other bodies established by statute;
  

c) choose the auditing Commission and the Governing Board of insurance;
  

d) elects and revokes the superior Commission members, discipline enforcers entitled to one representative;
  

e) examines and approves the annual report of the Council of the National Union of Bailiffs;
  

f) approves the budget of the National Union of Bailiffs and the insurance;
  

(g) any other duties) meets the stipulated by this law, by the implementing regulation or statute.
  

(2) the decisions of the Congress of the National Union of Bailiffs are binding on all its members.
  


Article 33 (1) the Council of the National Union of Bailiffs is made up of representatives from each Chamber of bailiffs, according to the norm of representation established by statute, of which are elected by the Congress of the National Union of Bailiffs and 2 Vice-Presidents.
  

(2) the President shall represent the National Union of Bailiffs in the relationships with third parties, internally and internationally.
  


Article 34 National Union Council bailiffs performs the following tasks: (a) Minister of Justice) requires the suspension, termination of any revocation times bailiff;
  

b) approves quotas of contribution of bailiff offices Room bailiff and the bailiff of the National Union of Bailiffs, according to its statutes;
  

c) Justice Minister proposes conditions of competition or examination for admission to the profession of bailiff and examination completed;
  

d) meets other duties stipulated by this law, by the implementing regulation or statute.
  


Article 35 (1) under the National Union of Bailiffs will be organized and will operate a home insurance for civil liability insurance for enforcers, with legal personality under the conditions laid down by its own statutes approved by the Congress of the National Union of Bailiffs.
  

(2) National Union of Bailiffs will set up and manage, within a period of one year from the entry into force of this law), electronic register advertising sale of assets subject to execution, which shall function as a computer system through which all bailiffs will be carried out nationally advertising the sale of movable goods with value greater than 2,000 lei and immovable properties contained in the enforcement procedure. Decree of the Council of the National Union of Bailiffs will be determined by the procedure of implementation of the system and data reporting.
  

_ _ _ _ _ _ _ _ _ *) (2) was introduced by law No. on completion of the law # 154/2011. 188/2000 relating to the bailiffs.


Chapter IV rights and duties of the bailiff section 1 Rights enforcers Article 36 bailiffs exercising personal powers and enjoys stability, and cannot be transferred to another locality, without their consent, except as required by law.


Article 37 of the bailiff's activity, which satisfies the conditions laid down in article 21. 15 (a). c), is considered the legal function.


Article 38 (1) in the exercise of the profession bailiffs are protected by law.
  

(2) Repealed.
  

— — — — — — — — — — —-. (2) of article 9. 38 was repealed by article. 84 of law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 39 (1) bailiffs have the right, for the service provided, the minimum and maximum fees set by the Minister of Justice, in consultation with the Council of the National Union of Bailiffs. In the case of enforcement of claims involving the payment of a sum of money, the maximum fees are as follows: a) for claims up to 50,000 lei, the fee is 10% of the sum representing the value of the claim makes the object of enforcement;
  

b) for claims amounting to over 50,000 lei, but up to 80,000 Lions including the maximum fee is 5,000 lei plus up to 3% of the amount which exceeds the amount of 50,000 lei claim what is subject to execution;
  

c) for claims over 80,000 lei, but up to and including 100,000 lei, the fee maximum is 5,900 lei plus up to 2% of the amount which exceeds the amount of 80,000 lei claim what is subject to execution;
  

d) for claims worth over 100,000 lei, the fee maximum is 6,300 lei plus up to 1% from the sum exceeding 100,000 lei from the value of the claim makes the subject of enforcement.
  

(2) the Minister of Justice shall establish the minimum and maximum fees for people with incomes below the minimum gross basic salary per country guaranteed in payment, as well as the possibility of paying them in several tranches.
  

(3) the bailiffs may not make the implementation of judgments of the advance payment of a fee.
  

(4) Repealed.
  

— — — — — — — —-. (4) article. 39 was repealed by point 7 of article. 37 of law nr. 76 of 24 may 2012 published in MONITORUL OFICIAL nr. 365 of 30 may 2012.

(5) Repealed.
  

— — — — — — — —-. (5) article. 39 was repealed by point 7 of article. 37 of law nr. 76 of 24 may 2012 published in MONITORUL OFICIAL nr. 365 of 30 may 2012.


Article 40 the bailiff is entitled to annual leave, subject to the conditions laid down in the statutes.


Article 41 bailiffs benefits from social security rights, on the basis of contributions to social security systems, in accordance with the law.


Article 42 Pursuit of bailiff is incompatible with: a) remunerated activity in other occupations, with the exception of University academic activity, artistic activity, literary and publishing;
  

b) the Office of Deputy or senator times for councilor in county councils or local, the duration of their mandate;
  

c) commercial activities, either directly or through persons status;
  

d) associate in the company, associated companies comandidat in partnerships or joint-stock, Manager of a limited liability company, Chairman of a Board of Directors, Member of the Board, Chief Executive Officer or director of a company's shares, a company administrator.
  


Section 2 of the duties and responsibility of bailiffs Article 43 bailiffs and staff offices of bailiffs are required to preserve secrecy with respect to the acts and facts of which they become aware in their activities even after termination, except where the law or the parties concerned shall issue to this obligation.


Article 44 (1) to bailiffs have participate, at least once every 3 years, to continuous training schemes organised by the National Union of Bailiff, bailiff of rooms in addition to the courts of appeal, of institutions of higher education in the country or abroad or to other forms of professional development.
  

(2) National Union of Bailiffs approves upon proposal of the boards each year, bailiffs of the Court of appeal, the program of continuous training of bailiffs.
  

(3) the Organization of training activities, as well as ways of assessing the fulfilment of this obligation are provided for in the rules of application of this law and the status of the profession.
  


Article 45 (1) the liability of the bailiff may be committed, in accordance with the law, for causing damages in breach of his professional obligations.
  

(2) the professional liability insurance of the bailiff is carried out by the social insurance agency established for this purpose, according to art. 35 para. (1) Article 46 Is prohibited. enforcers to acquire directly or through a person's status, to themselves or to others, goods that have been the subject of enforcement activity.


Article 47 disciplinary Liability of the bailiff is the following deviations: a) non-compliance with professional secrecy;
  

b) breach of the prohibitions laid down by the incompatibilities and law;
  

c) committing acts which affect the professional honor, uprightness times morality;
  


d) default on the training of trainee bailiffs, employees on a contract basis;
  

(e) systematic delay and negligence) in carrying out the work;
  

f) unjustified absence from Office;
  

g) failure to carry out the sale of advertising through electronic register advertising sale of assets subject to execution, as provided for in art. 35 para. 2. Article 48 (1) the disciplinary action shall be exercised by the Minister of Justice or the College director of Chamber of bailiffs and controversy of the discipline Council, made up of three members elected by the general meeting of the Chamber of bailiffs, over a period of 3 years.
  

(2) For the suspension or exclusion from the profession is mandatory prior research, which is carried out by inspectors general from the Directorate in the Ministry of Justice or the College director of Chamber of bailiffs.
  

(3) hearing the person concerned is compulsory, as it is entitled to take cognizance of the contents of the file and to make his defence.
  

(4) the Board of discipline of the Chamber of bailiffs CITES parties and pronounce a decision motivated notification thereof.
  

(5) the judgment of the Board of discipline of the Chamber of bailiffs of opposition parties can do, within 15 days of the notification to the Commission of discipline of the National Union of Bailiffs, who judges in 5 full members. The Commission decision has become final as a result of discipline and can be contested with opposition to the Court of appeal.
  

— — — — — — — —-. (5) article. 48 was amended by section 8 of article. 37 of law nr. 76 of 24 may 2012 published in MONITORUL OFICIAL nr. 365 of 30 may 2012.

(6) the procedure of trial shall be determined by the violation of disciplinary rules of the application of this law.
  


Article 49 the disciplinary Sanctions shall apply in relation to the seriousness of the facts and consist of: a) reprimand;
  

b) warning;
  

c) fine from 500 to 3,000 lei lei, which is made at the Chamber's budget income enforcers in the bailiff's Office is located, respectively. Failure to pay the fine within 30 days from the date of final judgment whether the established disciplinary sanction of suspending lures of bailiff until payment. Final judgement shall be enforceable;
  

d suspension from Office) for a period of one month to six months;
  

e) exclusion from the profession.
  


Article 50 (1) where against the bailiff he took the measure of pre-trial detention or arrest at home or where it was decided in the first instance sentencing times to defer application of the death penalty, the Justice Minister, ex officio or upon the proposal of the Council of the National Union of Bailiffs, will get the measure of suspension from his duties of it until the resolution of criminal process According to the law.
  

— — — — — — — — — — —-. (1) of article 1. 50 was amended by section 3 of article 9. 44 of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) the Minister of Justice has the profession of bailiff sentenced under the conditions laid down in article 21. 23 para. (1) (a). (e)), from the date of final judgment whether the conviction.
  


Article 51 in cases of suspension or expulsion from the profession, stamp the ticket, the bailiff records and proceedings suspended or expelled shall be submitted within five days, under signature, making the Room bailiff in the latter's Office is located. Room bailiff is obliged to ensure the continuation of the work of the failed.


Chapter V activity bailiff Article 52 (1) enforcement and other acts falling within the competence of the bailiff shall meet upon request, where the law otherwise.
  

(2) all acts carried out by the bailiff shall be written in Romanian language.
  

(3) persons who do not speak or understand Romanian language have the right to peruse the contents of the document through an interpreter or translator.
  


Article 53 (1) in the performance of its duties and obligations, the bailiff will draw up possible conclusion, minutes and other procedural documents, forms and within the time limits prescribed by law.
  

— — — — — — — — —-. (1) of article 1. Amended 53 of point 9 of article. 37 of law nr. 76 of 24 may 2012 published in MONITORUL OFICIAL nr. 365 of 30 may 2012.

(2) Repealed.
  

— — — — — — — — —-. (2) of article 9. 53 was repealed by paragraph 10 of article 10. 37 of law nr. 76 of 24 may 2012 published in MONITORUL OFICIAL nr. 365 of 30 may 2012.

(3) upon request, within a maximum period of 5 days, the executor will deliver copies of the paperwork drawn up in fulfilment of its duties to any person justifies an interest.
  


Article 54 the bailiff performs duties in compliance with the provisions of this law, the status of the profession and the rules of application of this law, as well as of the civil procedure code and other applicable laws.


Article 55 (1) Acts concerning the levy of execution shall meet at the seat of the bailiff Office during working hours displayed properly or to carry out the execution.
  

(2) if the act is not a reprieve for objective reasons, it will be able to be met outside working hours.
  


(1) article 56 Refusing to carry out bailiff duties. 7(b). b)) shall, if the parties comply with the request for an aftertaste, in no later than 5 days from the date of refusal.
  

— — — — — — — — —-. (1) of article 1. Amended 56 of point 11 of article 1. 37 of law nr. 76 of 24 may 2012 published in MONITORUL OFICIAL nr. 365 of 30 may 2012.

(2) In case of refusal unreasonably the powers referred to in paragraph 1. (1), the person concerned may bring the complaint within 5 days from the date on which it became aware of this refusal, the Court in whose territorial RADIUS is the bailiff's Office.
  

— — — — — — — — — —-. (2) of article 9. Amended 56 of point 11 of article 1. 37 of law nr. 76 of 24 may 2012 published in MONITORUL OFICIAL nr. 365 of 30 may 2012.

(3) the judgment complained of is done with the attendance of the parties.
  

— — — — — — — — — —-. (3) art. Amended 56 of point 11 of article 1. 37 of law nr. 76 of 24 may 2012 published in MONITORUL OFICIAL nr. 365 of 30 may 2012.

(4) the Court Judgment is subject to appeal only.
  

— — — — — — — — —-. (4) article. Amended 56 of point 11 of article 1. 37 of law nr. 76 of 24 may 2012 published in MONITORUL OFICIAL nr. 365 of 30 may 2012.

(5) the bailiff is obliged to comply with the remaining final judgement.
  

— — — — — — — — —-. (5) article. Amended 56 of point 11 of article 1. 37 of law nr. 76 of 24 may 2012 published in MONITORUL OFICIAL nr. 365 of 30 may 2012.

(6) Repealed.
  

— — — — — — — — — —-. (6) article. 56 has been repealed by article 16. 84 of law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 57 the acts carried out by bailiffs, posing obvious material errors or omissions, or supplemented, will be directed by them, upon request or ex officio, with the attendance of the parties, if the works include data which make it possible correction of errors or omissions. Request for referral of material error or completing will settle. About straightening or completing is made mention on all copies of the document.


Article 58 (1) at the request of the party to issue a duplicate of the original Act Office of the bailiff who drew up that act will issue duplicate not later than 5 days.
  

(2) a duplicate can be replicated In text, Word for Word, the contents of the Act. In place of the original signatures is mentioned first and last name of each signatory.
  

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


Article 59 in the case of carrying out the duties provided for in article 10. 7(b). d) relationship between the bailiff and the client shall be subject, by similarity, the rules mandate. Submit the original of the official recognition of the claim constitutes another of its mandate.


Article 60 (1) are subject to bailiff Acts according to the law, the control of the competent courts.
  

(2) the bailiff shall be subject to control, under the present law.
  


Article 61 people interested or harmed by enforcing laws, opposition to enforcement may, under the conditions laid down in the code of civil procedure.


Article 62 (1) of the professional control of the Ministry of Justice, through the General inspectors, and National Union of Bailiffs, through its Board of management, and will take account of:
  


the Organization and functioning of the boards) bailiffs and bailiff offices;
  

b) quality acts and work carried out by bailiffs;
  

c) behavior of the bailiffs ' service, with public authorities and with individuals and businesses.
  

(2) the Council of the National Union of Bailiffs may delegate the College director of the Chamber of bailiffs carrying out the checks referred to in paragraph 1. (1) (a). b) and (c)) in his constituency.
  


Article 63 (1) of the bailiff's Office will have its own repository and registry.
  

(2) the bailiff's activity Archive is owned by the State, are preserved and taught in accordance with the law.
  

(3) the Secretariat shall carry out the operations relating to the receipt, recording and sending of correspondence, registration and filing of documents, keeping records, and other ancillary works necessary for the proper conduct of the work of the bailiff.
  


Article 64 archival Activity and secretarial offices of bailiffs is regulated by the rules for the application of this law.


Article 65 offices of bailiffs must keep records of accounts, according to the law.


Chapter VI transitional and final Provisions Article 66 (1) on request, the bailiffs, which at the commencement date under art. 69 para. (4) have a length in this activity for at least 2 years, and those who have a more than 2 years in specialized legal functions regardless of length of service in the work of the bailiff, will be appointed bailiffs, in compliance with the provisions of art. 15 (a). a), b), d), (e) and (f))).
  

(2) according to the bailiffs, who does not opt out within 120 days from the date of entry into force of the present law *) to the continuation of the activity as bailiff, may be transferred in the interests of the service to other functions in the justice system, for which fulfil the conditions required by law.
  

(3) according to the bailiffs, who at the time of commencement of activity according to the provisions of this law do not comply with the conditions laid down in paragraph 1. (1) will be employed through care boards enforcers as bailiffs trainees under a territorial constituency office.
  

_ _ _ _ _ _ _ _ _ _ *) (2) was amended by Emergency Ordinance of Government No. 64/2001 for the modification and completion of the law #. 188/2000 relating to the bailiffs, approved with amendments and completions by law No. 540/2001.


Article 67 the amounts coming from taxes collected from bailiffs ' fees constitute revenue for the budget of the State and shall include in the budget of revenue and expenditure of the Ministry of Justice, under the conditions and the prescribed by law for judicial stamp duties.


Article 68 (1) the present law shall enter into force on the date of its publication in the Official Gazette of Romania, part I, and will be implemented 90 days after that date.
  

(2) Regulation implementing this law *) will be adopted by the Ministry of justice within 90 days from the date of publication of this law in the Official Gazette of Romania, part I.
  

_ _ _ _ _ _ _ _ _ *) see the asterisk corresponding to art. 21. (2) Article 69 (1) within 150 days from the date of entry into force of the present law *) bailiffs will proceed to the establishment of Chambers of bailiffs and the National Union of Bailiffs.
  

(2) within 30 days after the establishment of Chambers of bailiffs and the National Union of Bailiffs Union Congress will adopt the statutes of the profession of bailiff.
  

(3) the statute referred to in paragraph 1. (2) shall be published in the Official Gazette of Romania, part I.
  

(4) the bailiffs will begin work in offices, in accordance with the present law, after 6 months from the date of entry into force of the latter.
  

_ _ _ _ _ _ _ *) (1) was amended by Emergency Ordinance of Government No. 18/2001 modification of the law nr. 188/2000 relating to the bailiffs, approved by law No. 360/2001.


Article 70 (1) from the date of commencement of bailiffs under art. 69 para. (4) the offices of bailiffs of the judges and courthouses ceases its activities.
  

(2) the files of execution pending settlement at the beginning of the activity of the bailiff according to provisions of this law shall be allocated between the offices established by a judge delegate from each instance, in compliance with the provisions of art. 8 and 9. A copy is kept on file or, where appropriate, shall be sent by the judge at the Court of enforcement delegated to them.
  

(3) where two or more offices of bailiffs are competent both to take the dossiers referred to in paragraph 1. (2) the judge delegate will proceed as follows: a) the allocation is made to the Office of the bailiff who was Chief of the enforcement acts in that file, unless the lender manifest other option;
  

b) when it is not possible allocation according to subparagraph (a). of it is made), in an equitable manner between the competent offices.
  

(4) enforcement laws, met before the allocation of dossiers according to para. (2) and (3), respecting the legal dispositions in force on the date of their stay, remain valid.
  


Article 71 of the bailiff's refusal to take up the dossiers assigned by judge delegate and to perform procedural steps relating to enforcement under the conditions and within the time limits laid down by law shall constitute misconduct and shall be imposed according to the provisions of article 3. 49 lit. d) if it was committed in such circumstances that, according to the criminal law, to constitute the offence.


Article 72 the present law shall be supplemented by the provisions of the code of civil procedure.


Article 73 At the beginning of the activity of the offices of bailiffs under art. 69 para. (4) the provisions of article shall be repealed. 138 and 139 of the law nr. 92/1992 for the judicial organisation, republished in the Official Gazette of Romania, part I, no. 259 of 30 September 1997, with subsequent amendments and additions, the provisions regarding remuneration of bailiffs from the law. 50/1996 concerning remuneration and other entitlements of the staff of the judicial authority bodies *), republished in the Official Gazette of Romania, part I, no. 563 of 18 November 1999, with subsequent amendments and additions, as well as any other provisions to the contrary.
_ _ _ _ _ _ _ _ _ _ *) Repealed by the Ordinance No. 8/2007 relating to the remuneration of auxiliary staff within the courts and prosecutors ' offices on top of this, as well as from other units in the justice system, as published in the Official Gazette of Romania, part I, no. 72 of 31 January 2007, as amended by law No. 247/2007, as amended and supplemented.
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