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Law No. 459 Of 6 December 2006 On Modification And Completion Of The Code Of Civil Procedure

Original Language Title:  LEGE nr. 459 din 6 decembrie 2006 pentru modificarea şi completarea Codului de procedură civilă

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LEGE no. 459 459 of 6 December 2006 amending and supplementing the Code of Civil Procedure
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 994 994 of 13 December 2006



The Romanian Parliament adopts this law + Article I The code of civil procedure, republished, with subsequent amendments and completions, shall be amended and supplemented as follows: 1. In Article 28, after paragraph 2, a new paragraph 2 ^ 1 is inserted, with the following contents: "Applications for the recusal of the superior hierarchical courts made to the court that settle the dispute are inadmissible." 2. Paragraph 4 of Article 30 shall read as follows: " Applications for inadmissible recusal according to art. 28 28 shall be settled by the court before which they were made. ' 3. in Article 108 ^ 1 (1) (2), after letter c), a new letter, letter c ^ 1) is inserted, with the following contents: " c ^ 1) non-compliance by the public force agents with the obligation to grant the contest to the effective performance of the forced execution, according to art. 373 ^ 2 para. 1 1; '. 4. Article 108 ^ 1 (1) (2) (i) shall be repealed. 5. Paragraph 1 of Article 269 shall read as follows: "" Art. 269. -The court decisions will be invested with the enforceable formula, if the law does not provide otherwise. The enforceable formula reads as follows "We, President of Romania" (Here follows the ruling). " We give the power of attorney and order the enforcement bodies to enforce this judgment. We order the agents of the public force to grant the contest to the execution of this decision, and to the prosecutors to arouse for carrying it out, under the law. To faith, the presence (ruling) was signed by ... (Following the signature of the President and the Registrar). "" 6. Paragraph 3 of Article 371 ^ 1 shall read as follows: " Enforcement takes place in any of the forms provided by law, simultaneously or successively, until the realization of the right recognized by enforceable title, the payment of interest, penalties or other amounts, granted according to the law by it, such as and execution expenses. " 7. Paragraph 3 of Article 371 ^ 2 shall read as follows: " If the enforceable title contains sufficient criteria according to which the executing body may update the value of the principal obligation set in the money, regardless of its source, it will proceed, at the request of the creditor, and to the updating of this amount. If the enforceable title does not contain any such criteria, the executing body will proceed to update according to the inflation rate, calculated from the date when the court decision became enforceable or, in the case of the other securities executors, from the date when the claim became chargeable until the date of the actual payment of the obligation contained in any of these securities. " 8. Article 371 ^ 4 shall read as follows: "" Art. 371 371 ^ 4. -In the course of enforcement, under the supervision of the executing body, the creditor and the debtor may agree that it should be carried out, in whole or in part, only on the debtor's money income, that the sale of goods subject to prosecution to be made by good agreement or for the payment of the obligation to be made in another way admitted by the law. " 9. In Article 371 ^ 5, letter b) shall read as follows: " b) can no longer be carried out or continued due to the lack of traceable goods or the impossibility of capitalizing on such goods; in these cases, the executor shall personally remit to the creditor or his representative the enforceable title, mentioning on it the cause of the refund and the part of the obligation that was executed; ". 10. Paragraph 1 of Article 371 ^ 6 shall read as follows: "" Art. 371 371 ^ 6. -In the cases provided by art. 371 371 ^ 5 lit. b) the resumption of forced execution may be required, within the limitation period of the right to demand forced execution. " 11. Paragraph 2 of Article 371 ^ 7 shall read as follows: " The expenses occasioned by the execution of the forced execution are in charge of the debtor pursued, unless the creditor has given up the execution or if by law it is provided otherwise. The debtor will also be held to bear the execution expenses made after the registration of the application for execution and until the date of realization of the obligation established in the enforceable title by voluntary execution. " 12. In Article 371 ^ 8, a new paragraph 2 is inserted, with the following contents: "The proof of filing or recording of these amounts may be made with the consigning container or any other entered into by the law." 13. Article 373 ^ 1 shall read as follows: "" Art. 373 373 ^ 1. -The application for enforcement is filed with the bailiff, if the law does not provide otherwise. The bailiff is obliged to persist, by all means allowed by law, for the full and expeditious realization of the obligation provided for in the enforceable title and for compliance with the provisions of the law, the rights of the parties and other interested persons. In the interest of execution, the bailiff may ask the debtor to give a written statement on his income and assets and where they are located. In the situation provided by art. 371 ^ 7 para. 1, the bailiff is obliged to consider the party to immediately fulfill its obligation to advance the execution expenses. " 14. Paragraph 2 of Article 373 ^ 4 shall read as follows: " If it has the connection of the executations, the court, by conclusion, will also rule on the execution expenses carried out until the connection. At the same time, it will order the sending of related files to the bailiff designated according to 1 1. " 15. Paragraph 1 of Article 374 shall read as follows: "" Art. 374. -The court or other title shall be executed only if it is invested with the enforceable formula provided by art. 269 269 para. 1, apart from the enforceable terminations, the provisional enforceable decisions and other decisions or documents provided by the law, which shall be executed without the enforceable formula. " 16. After Article 374 a new article is inserted, Article 374 ^ 1, with the following contents: "" Art. 374 374 ^ 1. --The entries to which the law recognizes the enforceable title shall be enforced without the execution of the enforceable formula. " 17. Paragraph 1 of Article 376 shall read as follows: "" Art. 376. -It is invested with the executory formula provided by art. 269 269 para. 1 the decisions that have remained final or have become irrevocable, as well as any other decisions or documents, in order for them to become enforceable, in the particular cases provided by law. " 18. paragraphs 1 and 2 ^ 1 of Article 399 shall read as follows: "" Art. 399. -Against forced execution, as well as against any act of execution, an appeal may be appealed by those interested or injured by execution. Also, if the procedure provided for in art. 281 ^ 1, an appeal may also be made if clarifications are necessary regarding the meaning, extent or application of the enforceable title, as well as if the executing body refuses to begin the forced execution or to fulfill a act of execution under the conditions provided by law. ..................................................................... Also, after the forced execution began, those interested or injured may ask, on the way of the appeal for execution, and the cancellation of the conclusion by which the execution was ordered, the date without the fulfilment of the legal conditions. " 19. Paragraph 1 of Article 402 shall read as follows: "" Art. 402. -The appeal to the execution shall be adjudicated with the procedure provided for in the first instance, which shall apply accordingly. The court seised shall immediately ask the executing body to transmit to him, within the fixed period, copies certified by him from the acts of the execution file in question, the provisions of art. 139 139 being properly applicable. The parties will be quoted in the short term, and the trial of the appeal is made urgently and in particular. " 20. In Article 404, after paragraph 1, a new paragraph 1 shall be inserted, paragraph 1 ^ 1, with the following contents: " If it unjustifiably finds the refusal of the executor to begin forced execution or to carry out an act of forced execution, if the act does not constitute a crime according to the criminal law, the court of execution, notified according to art. 399 399 para. 1, will be able to oblige the executor to pay a fine of 500 lei to 2,500 lei, as well as, at the request of the interested party, to pay compensation for the damage thus caused. " 21. In Article 431, after paragraph 2, three new paragraphs are inserted, paragraphs 3, 4 and 5, with the following contents: " The executor may proceed, with the agreement of both parties, to the valorization of the goods pursued by direct sale to the buyer who offer at least the price established according 439 439 para. 1. The deadline for direct sale will be determined according to art. 434 434. The debtor and the creditor will be notified about the date, time and place of sale, as well as the price offer submitted by the potential buyer. On the date of sale, the executor will draw up the minutes provided by art. 447, the provisions of this Article shall be duly applicable. If any of the parties are absent from the sale, the executor shall communicate to him a copy of the report on the sale. " 22. In Article 452, a new paragraph 2 is inserted, with the following contents: " Not subject to forced execution by attachment: a) the amounts that are intended for a special impairment provided by law and on which the debtor is deprived of the right of disposition; b) the amounts representing non-reimbursable credits or financing received from international institutions or organizations for the development of programs or projects; c) the amounts necessary to pay the salary rights, but not more than 6 months from the date of establishment of the attachment. " 23. In Article 454, after paragraph 2, three new paragraphs are inserted, paragraphs 2 ^ 1, 2 ^ 2 and 2 ^ 3, with the following contents: " The address for setting up the attachment will include the name and domicile of the debtor natural person or, for legal entities, their name and headquarters, as well as the tax identification code. Where the attachment is requested for all accounts of a legal person, including the accounts of the subunits without legal personality thereof, the identification elements shall be indicated for each account holder in the part, respectively for each subunit of the debtor company. If the address for the establishment of the attachment is addressed to an operational unit of a bank, the attachment will be set up on the accounts that the intended debtor has opened at that establishment. " 24. In Article 457, after paragraph 1, a new paragraph 1 shall be inserted, paragraph 1 ^ 1, with the following contents: "In case of attachment of money from bank accounts, the creditor balance of these accounts and future receipts may be the subject of forced execution." 25. Paragraph 2 of Article 457 shall read as follows: " On the date of the bank's complaint, the existing amounts, as well as those from future receipts, are preserved to the extent necessary to achieve the claim. From the moment of freezing and until the full payment of the obligations provided for in the enforceable title, including during the suspension of forced execution by attachment, the third party will not make any other payment or other operation that could decrease the amount preserved, if the law does not provide otherwise. " 26. In Article 457, after paragraph 3, a new paragraph 4 is inserted, with the following contents: " In the case of the following amounts representing income and availabilities in foreign currency, banks are authorized to make the conversion into lei of the amounts in foreign currency, without the consent of the account holder, at the exchange rate communicated by the National Bank of Romania for that day, in order to record them according to the provisions of art. 456 456. " 27. Paragraph 4 of Article 460 shall read as follows: " After the validation of the attachment, the third party will proceed, as the case may be, to the record or payment provided for in art. 456, within the amount determined expressly in the validation decision. In case of non-compliance with these obligations, enforcement will be made against the third party, on the basis of the validation decision constituting the enforceable title. " 28. Paragraph 4 of Article 497 shall read as follows: " The actual rights entered after the notice of the order of payment in the land book will not be able to be opposed to the creditor of the pursuer and the adjudicator, apart from the cases expressly provided by law or if the creditor or adjudicator has declared himself of agreement with that act or the debtor or the acquiring third party recorded the amounts necessary to cover the claims to be pursued, including interest and execution expenses. " 29. Paragraph 1 of Article 506 shall read as follows: "" Art. 506. -People who want to buy the building at the auction are obliged to deposit with the State Treasury, at the House of Savings and Consemnations C.E.C. -S.A. or at any other banking institution, at the disposal of the bailiff, until the deadline set for sale, a bail representing 10% of the starting price of the auction for that term. the purchase offer. " 30. In Article 516, the introductory part and paragraph 8 shall read as follows: "" Art. 516. -After full payment of the price or advance provided in art. 515 and after the expiry of the 15-day period provided for in 401 401 para. 1 lit. a), the executor, on the basis of the minutes of the auction, shall draw up the act of adjudication, which shall include the following entries: .................................................................... 8. the mention that the act of adjudication is title of property and that it may be entered in the land register, as well as the fact that, for the adjudicator, it constitutes enforceable title against the debtor, if the property is in the possession of the latter, or against any person who has in possession or holds in fact, without any title, the property awarded; ". 31. paragraphs 2 and 4 of Article 518 shall read as follows: " By intabulation, the adjudicator acquires the right to dispose of the property bought, according to the land registry rules. ..................................................................... The mortgages and other real tasks, as well as the real rights intabulated after the notice of the summons in the land book will be radiated ex officio, apart from those for which the adjudicator would agree to be maintained; they will also be removed ex officio the actual rights subsequently entered into the registration of any mortgage, if the sale was made under the conditions provided by art. 509 509 para. 4, all notaries made with the forced pursuit, as well as the prohibition of alienation or encumbrance, if any, including the promise to conclude a future contract, if until the preparation of the act of adjudication the beneficiary of the promise has not entered in the land register the right acquired under the contract which was the subject of that contract. ' 32. Article 520 shall read as follows: "" Art. 520. -Any request for eviction, total or partial, on the adjudicated property is extinguished, if the adjudicated property was registered in the land register and if, from the date of registration of the application for registration made by the previous acquirer of the right For the benefit of the third party, at least 3 years have passed. In the case of buildings registered for the first time in the land register, under the act of adjudication, the application for eviction will be prescribed within 3 years from the date of registration of the act of adjudication in the land register. This limitation also flows against the disappearances, minors and persons placed under prohibition. " 33. Article 572 shall read as follows: "" Art. 572. -If the obligation of the debtor provided for in the enforceable title consists in leaving the possession of a good, in the surrender of a good or its use, in the abolition of a construction, plantation or other work or in the performance of any other activities established for the realization of the creditor's rights, and the debtor does not willingly execute his obligation within the period provided for in the summons, his executor, as the case may be, the creditor, in relation to the circumstances of the case and the nature execute, will proceed either to foreclosure or will refer the execution court to enforcement of a civil fine. " 34. Paragraph 2 of Article 580 ^ 3 shall read as follows: " If within 6 months the debtor will not execute the obligation provided for in the enforceable title, at the request of the creditor, the court that ordered the debtor to pay a civil fine per day of delay in favor of the state will fix the amount due the state with this title, by irrevocable conclusion, the date with the citation of the parties, and for the coverage of the damages caused by the failure to fulfill the obligation 1, the creditor may require the debtor to be ordered to damages; in the latter case, the provisions of art. 574 574 are properly applicable. ' 35. In Article 580 ^ 3, after paragraph 2, three new paragraphs are inserted, paragraphs 3, 4 and 5, with the following contents: " The civil fine can be cancelled, in whole or in part, or reduced, if the debtor executes the obligation provided for in the enforceable title or, as the case may be, for other thorough reasons, on the way of appeal to execution. The terminations given under this article are enforceable and shall be communicated ex officio, through the care of the meeting clerk, to the competent fiscal bodies for forced execution, according to the Fiscal Procedure Code. For the non-performance of the obligations provided for in this Article, periodic damages may not be awarded. + Article II All amounts of money expressed in old lei (ROL) in the provisions of the Code of Civil Procedure are converted by law into new lei (RON). + Article III This law shall enter into force 30 days after its publication in the Official Gazette of Romania, Part I. + Article IV The code of civil procedure, republished, with subsequent amendments and completions, as well as with those brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, December 6, 2006. No. 459. __________