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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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LEGE no. 188 188 of 1 October 2000 (* republished *) (* updated *) on bailiffs ((updated until 19 October 2014 *)
ISSUER PARLIAMENT




--------------- *) The updated form of this normative act until October 19, 2014 is carried out by the legal department of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt by including all modifications and additions made by LAW no. 76 76 of 24 May 2012 ; LAW no. 187 187 of 24 October 2012 ; LAW no. 255 255 of 19 July 2013 ; LAW no. 138 138 of 15 October 2014 . The content of this act is not an official document, being intended to inform users --------------- ** **) Republicated pursuant to art. II of Law no. 151/2011 on approval Government Emergency Ordinance no. 144/2007 for amendment of para. ((1) art. 37 37 of Law no. 188/2000 on bailiffs, published in the Official Gazette of Romania, Part I, no. 493 of 11 July 2011, giving the texts a new numbering. Law no. 188/2000 on the bailiffs was published in the Official Gazette of Romania, Part I, no. 559 of 10 November 2000 and has been amended and supplemented by: - Government Emergency Ordinance no. 18/2001 for amendment Law no. 188/2000 on bailiffs, published in the Official Gazette of Romania, Part I, no. 64 64 of 6 February 2001, approved by Law no. 360/2001 , published in the Official Gazette of Romania, Part I, no. 382 382 of 12 July 2001; - Government Emergency Ordinance no. 64/2001 to amend and supplement Law no. 188/2000 on bailiffs, published in the Official Gazette of Romania, Part I, no. 233 233 of 9 May 2001, approved with amendments and completions by Law no. 540/2001 , published in the Official Gazette of Romania, Part I, no. 652 652 of 17 October 2001; - Government Ordinance no. 7/2001 on income tax, published in the Official Gazette of Romania, Part I, no. 435 of 3 August 2001, approved with amendments and additions by Law no. 493/2002 , published in the Official Gazette of Romania, Part I, no. 543 543 of 25 July 2002, and subsequently repealed by Law no. 571/2003 on the Fiscal Code, published in the Official Gazette of Romania, Part I, no. 927 of 23 December 2003, as amended and supplemented; -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 no. 190/2005 for the implementation of necessary measures in the European integration process, published in the Official Gazette of Romania, Part I, no. 1.179 of 28 December 2005, approved with amendments and additions by Law no. 332/2006 , published in the Official Gazette of Romania, Part I, no. 629 629 of 20 July 2006; - Law no. 278/2006 to amend and supplement the Criminal Code, as well as to amend and supplement other laws, published in the Official Gazette of Romania, Part I, no. 601 601 of 12 July 2006; - Government Emergency Ordinance no. 144/2007 to amend and supplement Law no. 188/2000 on bailiffs, published in the Official Gazette of Romania, Part I, no. 880 880 of 21 December 2007, approved with amendments and additions by Law no. 151/2011 , published in the Official Gazette of Romania, Part I, no. 493 493 of 11 July 2011; - Law no. 202/2010 on certain measures to accelerate the resolution of processes, published in the Official Gazette of Romania, Part I, no. 714 714 of 26 October 2010; - Law no. 154/2011 for completion Law no. 188/2000 on bailiffs, published in the Official Gazette of Romania, Part I, no. 510 510 of 19 July 2011. + Chapter I General provisions + Article 1 (1) The enforcement of any enforceable title, with the exception of those having as its object revenue due to the consolidated general budget, the budget of the European Union and the budget of the European Atomic Energy Community, shall be carried out only by the executor court, even if by special laws it is ordered otherwise. ---------- Alin. ((1) of art. 1 1 has been amended by section 1 1 of art. 37 of LAW no. 76 76 of 24 May 2012 published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. (2) Executors of the courts shall perform other duties by law in their jurisdiction. + Article 2 (1) Executors of the courts are invested to perform a service of public interest. (2) The act performed by the bailiff, within the limits of the legal powers, bearing his stamp and signature, as well as the registration number and the date, is an act of public authority and has the evidentiary force provided by law. + Article 3 Repealed. ---------- Article 3 was repealed by point (a). 2 2 of art. 37 of LAW no. 76 76 of 24 May 2012 published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. + Article 4 The coordination and control of the activity of the bailiffs shall be exercised by the + Article 5 The work of the bailiffs is carried out under the law, in compliance with the rights and legitimate interests of the parties and other interested persons, without distinction of race, nationality, ethnic origin, language, religion, sex, political affiliation, wealth or social origin. + Article 6 Bailiffs may not refuse to perform an act given in their jurisdiction except in the cases and under the conditions provided by law. + Chapter II Jurisdiction of bailiffs + Article 7 The bailiff has the following duties: a) the implementation of the civil provisions of the enforceable securities; b) notification of judicial and extrajudicial documents; c) communication of procedural documents; d) the amicable recovery of any claim; e) the application of precautionary measures ordered by the court; f) the finding of certain states in fact under the conditions provided by the Code of Civil Procedure; g) preparation of the minutes of finding, in the case of the real offer followed by the signing of the amount by the debtor, according to the provisions of the Civil Procedure Code; h) preparation, according to the law, of the protest of non-payment of bills, promissory notes and cheques, as the case may be; i) any other acts or operations given by law in his jurisdiction. + Article 8 The bailiffs carry out their duties in the district of the court of appeal in whose radius the court is located next to which it operates, if by law it is not ordered otherwise. + Article 9 (1) In the case provided for in art. 7 lit. a) is competent the bailiff of the constituency of the court of appeal in whose territorial area the execution is to be carried out, under the conditions provided by the Code of Civil Procedure. (2) In the case provided for in art. 7 lit. f) is competent the bailiff of the constituency of the appellate court in whose territorial area the finding will be made. (3) In the other cases provided for in art. 7 is competent any bailiff invested by the interested party, under the law. ---------- Article 9 has been amended by section 6.6. 3 3 of art. 37 of LAW no. 76 76 of 24 May 2012 published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. + Article 10 (1) Executors of the courts may be recused in the cases and under the conditions provided by the Code of Civil Procedure ----------- Alin. ((1) of art. 10 10 has been amended by section 4 4 of art. 37 of LAW no. 76 76 of 24 May 2012 published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. (2) The bailiff for whom the recusal is required may declare that he abstains. (3) The interested party may ask the executing court to recuse the bailiff as soon as it has learned about one of the situations provided in par. ((1), but only until the end of the forced execution. The conclusion of the court by which the abstention was approved or rejected, as well as the one by which to approve the recusal are not subject to any remedy. ---------- Alin. ((3) of art. 10 10 has been amended by section 4 4 of art. 37 of LAW no. 76 76 of 24 May 2012 published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. (4) The conclusion by which the recusal was rejected can only be appealed within 5 days of the communication. ---------- Alin. ((4) of art. 10 10 has been amended by section 4 4 of art. 37 of LAW no. 76 76 of 24 May 2012 published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. (5) The conclusion by which the recusal has been decided will show to what extent the acts performed by the recused bailiff will be preserved. + Article 11 ((1) The conflicts of jurisdiction between the offices of the bailiffs located in the same constituency of a court of appeal shall be settled by that court of appeal, upon referral to the interested party. (2) When the conflict intervenes between offices of bailiffs located in different constituencies, the jurisdiction belongs to the appellate court in whose constituency the office of the first judicial executor is located. ((3) The conflicts of competence shall be resolved urgently and in particular. (4) The court rules in all cases, motivated, by final conclusion. ---------- Article 11 has been amended by section 1. 5 5 of art. 37 of LAW no. 76 76 of 24 May 2012 published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. + Chapter III Organisation of the work of bail + Section 1 Organisation and functioning of the bailiffs + Article 12 (1) The activity of the bailiffs shall be carried out within an office in which one or more associate bailiffs may operate, with the appropriate auxiliary staff. (2) By association within a professional company the bailiff does not lose his right to the individual office. (3) The bailiff or the associated bailiffs, holders of an office, may employ trainee bailiffs, other specialist staff, as well as appropriate auxiliary staff, necessary for carrying out the work Bureau. + Article 13 (1) The Ministry of Justice, through the specialized direction, shall draw up the records of the bailiffs and the works on the appointment and termination of the office of bailiff. (2) The number of bailiffs shall be established and updated annually by the Minister of Justice, in consultation with the Council of the National Union of Executors, depending on the local requirements determined by the extent of the territory, by the volume of activity and the number of inhabitants, in such a way that at 15,000 inhabitants will return at least one bailiff. The number of bailiffs in a court's constituency will not be less than 3. Also, the number of bailiffs will be considered when determining the number of bailiffs who have passed the completed exam. + Article 14 In the constituency of a judge may operate one or more offices of bailiffs, whose jurisdiction extends throughout the appeal court in whose territorial area the court is located. + Article 15 Bailiff may be the person who meets the following conditions: a) has Romanian citizenship and domicile in Romania; b) has full exercise capacity; c) is licensed in law; d) has no criminal record and enjoys a good reputation; e) knows the Romanian language; f) is medically fit for the exercise of the function; g) served for 2 years the position of trainee bailiff and passed the completed examination or, as the case may be, exercised for 3 years a legal specialty function and promoted the competition or the entrance exam in the profession. Persons who have exercised for 5 years the position of judge, prosecutor or lawyer are exempt from the exam, provided that they have passed the final examination in the profession from which they come. + Article 16 (1) The bailiff is appointed by the Minister of Justice, in the constituency of a judge, on the basis of the request of the interested party and after verifying the fulfilment of the 15. (2) The painting of the bailiffs shall be drawn up and updated annually by the Council of the National Union of Executors. The picture of bailiffs is published in the Official Gazette of Romania, Part I, and is transmitted to the courts. + Article 17 (1) Within 90 days of the communication of the order of the Minister of Justice by which he has been appointed, the bailiff is obliged to register his appointment to the court of appeal in whose constituency he has his office individually or constituted in association. For this record, the bailiff will present the stamp and personal signature specimen. (2) The Minister of Justice may, in duly justified cases, extend this term for periods not exceeding 90 days each. (3) Failure to fulfill the obligation provided in par. (1) regarding the registration at the court of appeal shall entail the suspension of the bailiff from the exercise of the (4) The registration of a request for the issuance of the order of the Minister of Justice for the approval of the association of the bailiff, followed by the issuance of the order of the Minister of Justice of approval of the association (5) Registration of a request for suspension before the expiry of the term provided in par. (1) or (2), followed by the issuance of the order of the Minister of Justice to suspend the bailiff from the exercise of the office, interrupt the period ---------- Article 17 has been amended by section 6.6. 6 6 of art. 37 of LAW no. 76 76 of 24 May 2012 published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. + Article 18 (1) After the appointment to office the bailiff will take the oath before the Minister of Justice and the President of the National Union of Bailiffs or their representatives. (2) The oath has the following content: " I swear to respect the Constitution and the laws of the country, to fulfill with honor and probity, with conscience and without bias my duties and to keep professional secrecy. So help me God! " (3) The reference to divinity from the oath of office changes according to the religious faith of the bailiff. The bailiff without confession will be sworn in without the religious formula, on conscience and honor. (4) A trial shall be concluded at the swearing-in of two copies, signed by the persons referred to in par. ((1) and the interested party. 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 respective bailiff. (5) Executors shall enter into the performance of their duties only after taking the oath. + Article 19 He can be a trainee bailiff who: a) meets the conditions required in art. 15 lit. a)-f); b) promoted the contest or the entrance examination in the profession of bailiff, organized by the National Union of Judicial Executors, under the coordination and control of the Ministry of Justice; c) is in the period of internship, until the passing of the capacity examination; d) is employed in an office of bailiff. + Article 20 (1) The contest or the entrance examination in the profession of bailiff shall be organized annually or whenever necessary, by the National Union of Executors, under the coordination and control of the Ministry of Justice. (2) The date and venue of the contest or examination shall be established by order of the Minister of Justice, in consultation with the National Union of Executors. + Article 20 ^ 1 ((1) The internship represents the period prior to the acquisition of the quality of bailiff and is aimed at the professional training of the bailiff at the beginning of the exercise of the profession. (2) The duration of the internship is 2 years, calculated from the date of conclusion of the individual employment contract with a bailiff. (3) The director college of each Chamber of bailiffs may approve, upon request, the reduction of the internship period to one year for the trainee executors who stand out in the professional activity on the basis of the results obtained at the conferences The internship and the referrer of the court executor. (4) The College of Directors of each Chamber of bailiffs may approve, on the basis of a reasoned request, the reduction of the internship period for the trainee executors who entered the profession under Law no. 287/2011 on certain measures relating to the organisation of the enforcement activity of claims belonging to credit institutions and non-bank financial institutions and which, for reasons not attributable to them, could not carry out their period of internship in the application of art. 22 22 para. ((1) of the law. ---------- Article 20 ^ 1 was introduced by art. II of LAW no. 138 138 of 15 October 2014 , published in MONITORUL OFFICIAL no. 753 753 of 16 October 2014. + Article 21 (1) The contest or the entrance examination in the profession of bailiff and the completed examination will be held before a committee to which representatives of the National Union of Judicial Executors belong, on a mandatory basis, Ministry of Justice and teachers in specialized higher education. (2) The conditions for conducting these contests or exams shall be established by the implementing regulation of this Law *), approved by order of the Minister of Justice. ________ * *) See Order of Justice Minister no. 210/2001 for the approval of the Implementing Regulation Law no. 188/2000 on bailiffs, published in the Official Gazette of Romania, Part I, no. 64 64 of 6 February 2001, with subsequent amendments and completions. + Article 22 (1) The Executor of the Court is obliged to conclude an individual employment contract with the trainee bailiff and to ensure his professional training. (2) The bailiff may delegate the trainee bailiff to perform the duties provided in art. 7 lit. a)-e). ((3) The verification of the professional training and the conditions for the conclusion of the individual employment contract of the trainee bailiff shall be the responsibility of the Chamber of bailiffs and shall be established by the Statute of the National Union of Court *). __________ * *) See Decision of the National Union of bailiffs no. 19/2010 for the approval of the Statute of the National Union of Executors of the Court and of the profession of bailiff, published in the Official Gazette of Romania, Part I, no. 713 of 26 October 2010, as amended. + Article 23 (1) The quality of the bailiff shall cease: a) on request; b) by retirement or in case of finding incapacity to work, under the law; c) by abolishing the office of the bailiff, followed by non-exercise without justification by the holder of the profession, under the law, in another office, within 6 months; d) by excluding from the profession, ordered as disciplinary sanction, under the conditions of this law; e) when the final court decision ordered the conviction or postponement of the application of the sentence against the bailiff; ------------ Lit. e) a par. ((1) of art. 23 23 has been amended by section 4.2 1 1 of art. 44 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. f) in case of finding its manifest professional incapacities, expressed also by the annulment or irrevocable abolition by the court of a number of foreclosures representing 10% of the executed execution files or some acts of execution drawn up in no more than 20% of the execution files handled in a calendar year; g) if the bailiff no longer meets the conditions provided for in art. 15 lit. a), b), d), e) and f); h) by death. (1 ^ 1) The bailiff may be kept in activity if, for a crime committed at fault, it was ordered to postpone the application of the sentence, the suspension of the execution of the sentence, the penalty was imposed amnesty or pardon before the start of the execution of the sentence and it is assessed that the act committed did not prejudice the prestige of the profession. ------------ Alin. ((1 ^ 1) of art. 23 23 has been introduced by section 2 2 of art. 44 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (2) The cessation of the quality of bailiff shall be found or ordered, as the case may be, by the Minister of Justice, at the request of the Council of the National Union of Executors + Article 24 The performance of the judicial executor shall be suspended: a) in the situations provided in art. 49 lit. d) and art. 50 50 para. ((1); b) in cases of incompatibility provided in art. 42, as well as in case of prohibitions provided by law; c) in case of non-payment of professional money contributions, for 3 months from their maturity, until their full payment; d) in case of temporary incapacity for work; e) at the request of the bailiff, for good reasons. + Article 25 (1) In the cases provided in art. 24 lit. a), b) and c) the suspension is ordered by the Minister of Justice, ex officio or at the request of the Council of the National Union of Executors (2) In the case provided for in art. 24 lit. d) the bailiff has the obligation to inform immediately the Chamber of bailiffs to which he belongs, who will ask the Minister of Justice to take note of this circumstance. (3) In the case provided for in art. 24 lit. e) the suspension is approved by the Minister of Justice, with the opinion of the Council of National Union of Executors (4) The suspension ceases if the circumstances that led it have disappeared, the provisions on taking the measure being properly applicable. + Section 2 Chamber of bailiffs + Article 26 (1) In the constituency of each court of appeal operates a Chamber of bailiffs, with legal personality. (2) All bailiffs in the district of the respective appellate court shall be included in the Chamber of Executes + Article 27 (1) The chamber of bailiffs is headed by a director's college of a president, a vice president and 3-7 members. (2) The College of Directors is elected, according to the statute, by the general assembly of bailiffs, for a period of 3 years, among the members of that Chamber of bailiffs. (3) The President of the College shall represent the Chamber of Executors in its relations with third parties. He shall receive for the work done an allowance the amount of which is determined by the general meeting. (4) The College of Directors shall have a salarized secretary and auxiliary staff, in the number and structure established by the General Assembly. + Article 28 The College of Directors of the Chamber of Executors has the following a) resolve the complaints of the parties against the bailiffs and the trainee bailiffs, taking the appropriate measures, which they bring to the attention of the National Union of bailiffs; b) delegate, in exceptional cases, for a fixed period of no more than 6 months, a bailiff to ensure the operation of another office of bailiff, with the knowledge of the President of the National Union of Executors The Court and the President of the Court of Appeal in whose constituency shall exercise their powers; the delegation may be repeated only after one year, unless the executing judicial executor gives his consent; c) informs the National Union of the Executors of the Court in connection with the activity of the offices of the bailiffs and on the needs of bailiffs and bailiffs; d) prepare the legal documentation and ensure the current consultation and information of the bailiffs; e) keep records of the income and expenses of the Chamber of bailiffs and of the contribution f) procure the necessary data and works for the Bulletin of the bailiffs and ensure its dissemination; g) performs other duties provided for by this Law, its Implementing Regulation and the Statute of the National Union of Bailiffs. + Section 3 National Union of bailiffs + Article 29 (1) The bailiffs of Romania shall be constituted in the National Union of Judicial Executors, a professional organization with legal personality, consisting of all bailiffs appointed according to art. 16. (2) The governing bodies of the National Union of bailiffs are: the congress, the council and the president. (3) The Congress of the National Union of Executors is constituted by delegates of each Chamber of bailiffs, according to the rule of representation established by statute, the presidents of the Chambers of bailiffs and others Members of the Council of the National Union of Bailiffs. (4) The Congress of the National Union of Executors shall meet annually at the convocation of its Board. + Article 30 (1) Convocation of the National Union Congress of Executors shall be made within 7 days from the date of the decision of the Council of the National Union of Executors and shall be held within at least one month and no more than two months from on the date of convocation The chambers of bailiffs will be notified in writing and by publication in a central newspaper. The chambers of bailiffs are required to display the date of convocation and agenda at their premises and at the courts of the constituency in which they operate. (2) The chambers of bailiffs shall be obliged to elect their delegates at least 10 days before the Congress of the National Union of bailiffs. (3) The Congress of the National Union of Judicial Executors is legally constituted in the presence of two thirds of the members and adopts decisions with the majority vote of the members present (4) If the quorum required in par. (3) a new convocation of the Congress of the National Union of bailiffs under the same conditions shall be made in no more than one month. At this convocation the Congress of the National Union of Executors is legally constituted by the presence of the majority of delegates. If even then the legal quorum is not carried out, the Congress of the National Union of Executors shall be postponed again and shall be reconvened each time until the quorum provided for in this paragraph is made. + Article 31 (1) The Council of the National Union of Executors will convene an extraordinary congress at the request of one third of the members of the Chambers of the Chambers of the bailiffs or at the request of the majority of the directories of the Court. (2) The convocation of the extraordinary congress shall be made within 7 days from the date of fulfilment of the conditions laid down in art. 30 30 para. ((4). (3) The extraordinary Congress shall be held no later than 30 days from the date of the convocation. + Article 32 (1) The Congress of the National Union of Executors shall have the following tasks: a) adopt the Statute of the National Union of Executors of the Court and of the Insurance House; b) elect the President and Vice-Presidents of the Council of the National Union of Executors, as well as other bodies established by statute; c) elect the Audit Committee and the Governing Board of the Insurance House; d) elect and revoke the members of the Higher Disciplinary Commission, each Chamber of the bailiffs having the right to one representative; e) analyzes and approves the annual report of the Council of the National Union of Executors; f) approves the budget of the National Union of Bailiffs and the Insurance House; g) performs any other duties provided by this law, its implementing regulation or the 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 Executors is constituted by representatives of each Chamber of bailiffs, according to the rule of representation established by statute, of which they are elected by the Congress of the Union National of the Court Executes the President and 2 Vice-Presidents. (2) The President represents the National Union of Judicial Executors in relations with third parties, internally and internationally. + Article 34 The Council of the National Union of Executors shall perform the following tasks a) requests the Minister of Justice to suspend, revoke or terminate the office of bailiff; b) approve the contribution rates of the offices of the bailiffs to the Chamber of bailiffs, as well as those of the Chambers of the bailiffs to the National Union of Executors, according to its statute; c) proposes to the Minister of Justice the conditions for conducting the contest or the entrance examination in the profession of bailiff and the final examination; d) perform other duties provided by this law, its implementing regulation or the statute. + Article 35 (1) Within the National Union of Judicial Executors will be organized and will operate an insurance house for the insurance of civil liability of bailiffs, with legal personality, under the conditions established by its own statute approved by the Congress of the National Union of bailiffs. (2) The National Union of Judicial Executors shall establish and administer, no later than one year after the entry into force of this Law *), the Electronic Advertising Register of the sale of goods subject to forced execution, which will operate as a computer system through which all bailiffs will carry out the nationwide advertising of the sale of mobile goods with a value of more than 2,000 lei and immovable property in the forced execution procedure. The decision of the Council of the National Union of Executors of the Court will establish the procedure for implementing the system and reporting the data. _________ *) Paragraph 2 was introduced by Law no. 154/2011 for completion Law no. 188/2000 on bailiffs. + Chapter IV Rights and duties of the bailiff + Section 1 Rights of bailiffs + Article 36 The bailiffs exercise their duties personally and enjoy stability in office, not being able to be transferred to another locality, without their consent, except in the cases provided by law. + Article 37 The activity of the bailiff, which meets the conditions laid down in 15 lit. c), is considered seniority according to the specialized legal function. + Article 38 (1) In the exercise of the profession the bailiffs are protected by law. ((2) Abrogat. ------------ Alin. ((2) of art. 38 38 has been repealed by art. 84 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 39 (1) The bailiffs shall be entitled, for the service provided, to the minimum and maximum fees established by the Minister of Justice, in consultation with the Council of the National Union of Executors. In the case of forced execution of claims having as object the payment of a sum of money, the maximum fees are as follows: a) for claims worth up to 50,000 lei inclusive, the maximum fee is 10% of the amount representing the value of the claim that is the subject of forced execution; b) for claims worth over 50,000 lei, but up to 80,000 lei inclusive, the maximum fee is 5,000 lei plus a percentage of up to 3% of the amount exceeding 50,000 lei from the value of the claim that is the subject of forced execution; c) for claims worth over 80,000 lei, but up to 100,000 lei inclusive, the maximum fee is 5,900 lei plus a percentage of up to 2% of the amount exceeding 80,000 lei from the value of the claim that is the subject of forced execution; d) for claims worth over 100,000 lei, the maximum fee is 6,300 lei plus a percentage of up to 1% of the amount exceeding 100,000 lei from the value of the claim that is the subject of forced execution. (2) The Minister of Justice will establish minimum and maximum fees for persons with incomes below the minimum gross basic salary per country guaranteed in payment, as well as the possibility of paying them in several instalments. (3) Executors of the courts may not condition the execution of the decisions of the prepayment of the fee. ((4) Abrogat. --------- Alin. ((4) of art. 39 39 has been repealed by section 6.6. 7 7 of art. 37 of LAW no. 76 76 of 24 May 2012 published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. ((5) Abrogat. --------- Alin. ((5) of art. 39 39 has been repealed by section 6.6. 7 7 of art. 37 of LAW no. 76 76 of 24 May 2012 published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. + Article 40 The bailiff has the right to rest leave, under the conditions established by statute. + Article 41 Bailiffs benefit from social security rights, based on contributions to social security systems, under the law. + Article 42 The exercise of the office of bailiff is incompatible with: a) salarized activity within other professions, except university teaching, artistic, literary and publishing activity; b) the status of deputy or senator or councillor in the county or local councils, during the term of office; c) conduct of commercial activities, directly or through interposed persons; d) the status of associate in a company in the collective name, a comandidat associate in the companies in simple order or on shares, administrator of a limited liability company, chairman of a board of directors, member of the board of directors management, managing director or director of a joint stock company, administrator of a professional company. + Section 2 Duties and liability of bailiffs + Article 43 The bailiffs and the staff of the bailiffs are required to keep professional secrecy with regard to the acts and facts about which they became aware of their work, even after the termination of the function, with the exception of cases in which the law or interested parties issue them. + Article 44 (1) Executors of the courts are required to participate, at least once every 3 years, in continuous professional training programs organized by the National Union of Judicial Executors, by the chambers of bailiffs of the courts of call, by higher education institutions in the country or abroad or in other forms of professional improvement. (2) The National Union of bailiffs approves annually, on the proposal of the chambers of bailiffs of the courts of appeal, the program of continuous professional training of bailiffs. (3) The way of organizing the continuous professional training activities, as well as the modalities for the evaluation of the fulfilment of this obligation are provided by the regulation implementing the present law and the status of the profession. + Article 45 (1) The civil liability of the bailiff may be committed, under the conditions of civil law, for causing harm by breaching his professional obligations. (2) The professional liability insurance of the bailiff is carried out through the Insurance House constituted for this purpose, according to art. 35 35 para. ((1). + Article 46 It is forbidden for bailiffs to acquire directly or through interposed persons, for them or for others, the goods that have been the subject of enforcement activity. + Article 47 Disciplinary liability of the bailiff intervenes for the following deviations a) failure to observe professional secrecy; b) violation of incompatibilities and prohibitions provided by law; c) committing acts that prejudice the honour, professional probity or good morals; d) failure to fulfil obligations regarding the professional training of trainee bailiffs, employees on a contractual basis; e) systematic delay and negligence in carrying out the works; f) unjustified absence from the office; g) the omission to carry out the advertising of the sale through the Electronic Advertising Register of the sale of goods subject to forced execution, according to the 35 35 para. ((2). + Article 48 (1) The disciplinary action shall be exercised by the Minister of Justice or the Director College of the Chamber of Executors and shall be judged by the Board of Discipline of 3 members elected by the General Assembly of the Chamber of Executes court, for a period of 3 years. (2) For the suspension from office or exclusion from the profession is mandatory prior research, which is carried out by inspectors general from the specialized directorate of the Ministry of Justice or the Director College of the Chamber of Executes Court. (3) The hearing of the person concerned is mandatory, being entitled to take cognizance of the contents of the file and to formulate his defence. (4) The Board of Discipline of the Chamber of Executors shall quote the parties and pronounce a reasoned decision to be communicated (5) Against the judgment of the Council of Discipline of the Chamber of bailiffs the parties may appeal, within 15 days of the communication, to the Higher Commission of Discipline of the National Union of Bailiffs, which judges in full of 5 members. The judgment of the Superior Commission of Discipline is final and can be appealed to the Court of Appeal. --------- Alin. ((5) of art. 48 48 has been amended by section 8 8 of art. 37 of LAW no. 76 76 of 24 May 2012 published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. (6) The procedure for the trial of disciplinary misconduct shall be established by the implementing regulation of this law. + Article 49 Disciplinary sanctions shall apply to the seriousness of the facts and shall consist of: a) reprimand; b) warning; c) fine from 500 lei to 3,000 lei, which is made to the budget of the Chamber of bailiffs in whose territorial area is located the office of the respective bailiff. final of the decision establishing the disciplinary sanction attracts the suspension of law from office of the bailiff until the payment of the amount. The final judgment is enforceable; d) suspension from office for a duration of one month to 6 months; e) exclusion from the profession. + Article 50 (1) If against the bailiff was taken the measure of preventive arrest or arrest at home or if the conviction was ordered in the first instance or the postponement of the application of the sentence, the Minister of Justice, ex officio or At the proposal of the Council of the National Union of bailiffs, it will take the measure of suspension from office until the criminal trial is resolved, according to ------------ Alin. ((1) of art. 50 50 has been amended by section 3 3 of art. 44 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (2) The Minister of Justice shall order the exclusion from the profession of the bailiff convicted under the conditions provided in 23 23 para. ((1) lit. e), as of the date of final stay of the judgment of conviction. + Article 51 In case of suspension or exclusion from the profession the stamp, ID, registers and works of the bailiff suspended or excluded will be filed, within 5 days, under signature, at the Chamber of bailiffs in whose radius territorial is located its office. The chamber of bailiffs is required to ensure the continuation of unexecuted works. + Chapter V Carrying out the work of the + Article 52 (1) The forced execution and the other acts that are within the jurisdiction of the bailiff shall be fulfilled upon request, if the law does not have otherwise. (2) All acts carried out by the bailiff shall be drawn up in Romanian. (3) Interested persons who do not speak or do not understand the Romanian language have the right to become aware of the contents of the act through an interpreter or translator. + Article 53 (1) In the performance of his duties and duties, the bailiff shall draw up terminations, minutes and other procedural documents, with the forms and within the deadlines provided by law. ---------- Alin. ((1) of art. 53 53 has been amended by section 9 9 of art. 37 of LAW no. 76 76 of 24 May 2012 published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. ((2) Abrogat. ---------- Alin. ((2) of art. 53 53 has been repealed by section 6.6. 10 10 of art. 37 of LAW no. 76 76 of 24 May 2012 published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. (3) On request, within no more than 5 days, the executor shall issue copies of the documents drawn up in the performance of his duties to any person who justifies an interest. + Article 54 The bailiff performs his duties in compliance with the provisions of this law, the status of the profession and the regulation for the application of this law, as well as the Code of Civil Procedure and other applicable laws in the matter. + Article 55 ((1) The enforcement acts shall be carried out at the office of the office of the bailiff, during the working hours duly displayed or at the place of execution. (2) If the preparation of an act does not suffer procrastination for objective reasons, it will also be able to be fulfilled outside the working hours. + Article 56 (1) The refusal of the bailiff to perform the duties provided in art. 7 lit. b)-i) shall be motivated, if the parties persist in their application, no later than 5 days after the date of refusal. ---------- Alin. ((1) of art. 56 56 has been amended by section 11 11 of art. 37 of LAW no. 76 76 of 24 May 2012 published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. (2) In case of unjustified refusal to carry out the duties provided in par. ((1), the interested party may introduce a complaint, within 5 days from the date on which he became aware of this refusal, at the court in whose territorial area the office of the bailiff is based. ----------- Alin. ((2) of art. 56 56 has been amended by section 11 11 of art. 37 of LAW no. 76 76 of 24 May 2012 published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. (3) The judgment of the complaint is made with citation of the parties. ----------- Alin. ((3) of art. 56 56 has been amended by section 11 11 of art. 37 of LAW no. 76 76 of 24 May 2012 published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. (4) The judgment is only subject to appeal. ---------- Alin. ((4) of art. 56 56 has been amended by section 11 11 of art. 37 of LAW no. 76 76 of 24 May 2012 published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. (5) The Executor of the Court is obliged to comply with the final judgment. ---------- Alin. ((5) of art. 56 56 has been amended by section 11 11 of art. 37 of LAW no. 76 76 of 24 May 2012 published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. ((6) Abrogat. ----------- Alin. ((6) of art. 56 56 has been repealed by art. 84 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 57 The acts performed by the bailiffs, which present manifest material errors or omissions, will be directed or completed by them, on request or ex officio, with the citation of the parties, if the works include data that make it possible to straighten mistakes or omissions. The request for correction of material error or completion will be resolved as a matter of urgency. About the correction or completion carried out is made mention on all copies of the act. + Article 58 (1) At the request of the party to be issued a duplicate of the original act the office of the bailiff who drew up that act shall release the duplicate within no more than 5 days. (. In the text of the duplicate shall be reproduced, word for word, of the document. Instead of the original signatures, the name and surname of each signatory shall be mentioned (3) The Duplicate has the same probative force as the original. + Article 59 In case of performance of the tasks provided in 7 lit. d) the relations between the bailiff and the client are subject to the rules of the mandate. The remission by the customer of the original finding of the claim constitutes a mandate to collect it. + Article 60 (1) The acts of bailiffs are subject, under the law, to the control of the competent courts. (2) The activity of bailiffs is subject to professional control, under the present law. + Article 61 Those interested or injured by the acts of execution may appeal to the execution, under the conditions provided by the Code of Civil Procedure. + Article 62 (1) Professional control shall be exercised by the Ministry of Justice, by specialized inspectors general, and by the National Union of Executors, through its governing council, and shall consider: a) the organization and functioning of the chambers of bailiffs and offices of bailiffs b) the quality of acts and works performed by the bailiffs c) conduct of bailiffs in service relations, with public authorities and with natural and legal persons. (2) The Council of the National Union of bailiffs may delegate to the College director of the Chamber of bailiffs the exercise of the control provided in ((1) lit. b) and c) in his constituency. + Article 63 (1) The office of the bailiff shall have its own archive and registry. (2) The archive of the activity of bailiffs is the property of the state, shall be preserved, preserved and surrendered under the law ((3) The Secretariat will carry out operations regarding the receipt, registration and dispatch of correspondence, registration and filing of documents, keeping of registers, as well as other auxiliary works necessary for the smooth operation of the activity Bailiff. + Article 64 The archive and secretarial activity of the offices of the bailiffs shall be regulated by the implementing regulation of this law. + Article 65 The offices of bailiffs must keep the financial-accounting records, according to the law. + Chapter VI Transitional and final provisions + Article 66 (1) On request, the bailiffs in office, who at the start of the activity according to art. 69 69 para. (4) have a seniority in this activity for at least 2 years, as well as those who are over 2 years old in legal specialized positions regardless of seniority in the activity of bailiff, will be appointed bailiffs, with compliance with art. 15 lit. a), b), d), e) and f). (2) Executors in office, who do not opt within 120 days from the date of entry into force of this Law *) for further work as a bailiff, may be transferred in the interest of the service to other positions in justice system, for which they meet the conditions required by law. (3) Executors of the court in office, who at the starting date of the activity according to the provisions of this law do not meet the (1), will be employed, through the care of the chambers of bailiffs, as trainee bailiffs within an office in their territorial constituency. __________ *) Paragraph 2 has been amended by Government Emergency Ordinance no. 64/2001 to amend and supplement Law no. 188/2000 on bailiffs, approved with amendments and additions by Law no. 540/2001 . + Article 67 The amounts coming from the taxes collected from the fees of the bailiffs constitute state budget revenues and are distinctly included in the revenue and expenditure budget of the Ministry of Justice, under the conditions and with the destination provided by Law, for stamp court fees. + Article 68 (1) This law shall enter into force on the date of its publication in the Official Gazette of Romania, Part I, and shall be implemented 90 days from this date. (2) The Regulation implementing this Law * *) shall 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 corresponding asterisk art. 21 21 para. ((2). + Article 69 (1) Within 150 days from the date of entry into force of this Law * **) the bailiffs shall proceed to the constitution of the chambers of the bailiffs and of the National Union of Executors. (2) Within 30 days from the constitution of the chambers of bailiffs and of the National Union of Judicial Executors the Congress of the Union shall adopt the Statute of the profession of bailiff. (3) The status provided in par. (2) will be published in the Official Gazette of Romania, Part I. (4) Executors of the courts will start their activity in offices, according to this law, after 6 months from the date of its entry into force. _________ ***) Paragraph 1 has been amended by Government Emergency Ordinance no. 18/2001 for amendment Law no. 188/2000 on bailiffs, approved by Law no. 360/2001 . + Article 70 (1) At the beginning of the activity of the offices of bailiffs according to 69 69 para. (4) the offices of bailiffs of the judges and tribunals shall cease their activity. (2) The enforcement files pending at the time of commencement of the activity of the bailiffs according to the provisions of this law shall be distributed among the offices constituted, by a judge delegated from each the court, in compliance with Article 8 8 and 9. A copy of the file shall be kept or, as the case may be, shall be sent by the delegated judge to the competent enforcement court. (3) If two or more offices of bailiffs are both competent to take over the files referred to in par. ((2), the delegated judge shall proceed as follows: a) the distribution shall be made to the office of the bailiff who has carried out acts of execution in that case, unless the creditor manifests another option; b) when the distribution is not possible according to lit. a), it shall be done fairly between the competent offices. (4) Execution acts fulfilled before the distribution of the files according to par. ((2) and (3), in compliance with the legal provisions in force at the time of their performance, remain valid. + Article 71 The refusal of the bailiff to take over the files assigned by the delegated judge and to perform the procedural documents on enforcement under the conditions and at the time limits set by law constitutes disciplinary misconduct and shall be sanctions according to art. 49 lit. d), if it was not committed in such conditions that, according to the criminal law, it is a criminal offence. + Article 72 This law is supplemented by the provisions of the Code of Civil Procedure + Article 73 On the date of commencement of the office of bailiffs 69 69 para. (4) the provisions art. 138 138 and 139 of Law no. 92/1992 for the judicial organization, republished in the Official Gazette of Romania, Part I, no. 259 of 30 September 1997, as amended and supplemented, the provisions relating to the salary of bailiffs of Law no. 50/1996 on the salary and other rights of the staff in the organs of the judicial authority * ***), republished in the Official Gazette of Romania, Part I, no. 563 of 18 November 1999, as amended and supplemented, and any other provisions to the contrary. __________ **** ****) Abrogata subsequently by Government Ordinance no. 8/2007 on the salary of auxiliary staff in the courts and prosecutors ' offices, as well as within other units of the justice system, published in the Official Gazette of Romania, Part I, no. 72 of 31 January 2007, approved with amendments by Law no. 247/2007 , with subsequent amendments and completions. ----