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Law No. 71 Of 3 June 2011 For The Implementation Of Law No. 287/2009 On The Civil Code

Original Language Title:  LEGE nr. 71 din 3 iunie 2011 pentru punerea în aplicare a Legii nr. 287/2009 privind Codul civil

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LEGE no. 71 71 of 3 June 2011 (* updated *) for the implementation of Law no. 287/2009 on Civil Code ((updated until 4 February 2016 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 Presence the law includes the provisions on the implementation of Law no. 287/2009 on the Civil Code, published in the Official Gazette of Romania, Part I, no. 511 of July 24, 2009, hereinafter referred to as the Civil Code, having as main object the agreement of the existing civil legislation with its provisions, as well as the settlement of the conflict of laws resulting from the entry into force of the Civil Code + Article 2 Whenever special or complementary laws of the Civil Code refer to the "Civil Codices" or the "Civil Code", hereinafter referred to as the Civil Code of 1864, or to provisions repealed or amended by this law, the reference shall be deemed to be made to the corresponding provisions replacing them. + Article 3 The acts and legal acts concluded or, as the case may be, committed or produced before the entry into force of the Civil Code may not generate any legal effects other than those provided by the law in force on the date of conclusion or, as the case may be, the their production. + Article 4 On the date of entry into force of the Civil Code, the legal acts void, cancellable or affected by other causes of ineffectiveness, provided by the Civil Code of 1864, as well as other normative acts, remain subject to the provisions of the old law, valid or, as appropriate, effective according to the Civil Code or the provisions of this Law + Article 5 (1) The provisions of the Civil Code shall apply to all acts and acts concluded or, as the case may be, products or committed after its entry into force, as well as to legal situations born after its entry into force. (2) The provisions of the Civil Code are also applicable to the future effects of legal situations born before its entry into force, derived from the condition and capacity of persons, from marriage, parentage, adoption and legal obligation of maintenance, from the property relations, including the general arrangements of the goods, and from the neighbourly relations, if these legal situations subsist after the entry into force of the Civil Code. + Article 6 (1) In the normative acts applicable on the date of entry into force of the Civil Code, references to traders shall be deemed to be made to individuals or, as the case may be, to legal persons subject to registration in the commercial register, according to provisions art. 1 1 of Law no. 26/1990 on the trade register, republished, with subsequent amendments and completions, as well as with those brought by this law. (2) Provisions of para. (paragraph 1 shall not apply to the term "trader" provided for in: a) Law no. 84/1998 on trade marks and indications, republished; b) Law of Pomiculture no. 348/2003 , republished, as amended; c) Law no. 321/2009 on the marketing of foodstuffs, with subsequent amendments and completions; d) any other normative acts in which the term "trader" has a specific meaning to the provisions contained in the latter normative acts. (3) In the legislation on the protection of consumer rights, the term "trader" is replaced by "professional". ---------- Article 6 has been amended by the subsection. 1 1 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 , published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. + Article 7 In the normative acts applicable on the date of entry into force of the Civil Code: a) references to "civil society without legal personality" shall be deemed to be made to "simple society"; b) references to "civil society with legal personality" shall be deemed to be made to "the company with legal personality"; c) references to "professional civil society" shall be deemed to be made at "professional society, with or without legal personality", as the case may be. + Chapter II Provisions on the preliminary title of the Civil Code and on certain laws + Section 1 Provisions for the implementation of the preliminary title of the Civil Code + Article 8 (1) The "professional" notion provided in art. 3 of the Civil Code includes the categories of merchant, entrepreneur, economic operator, as well as any other persons authorized to carry out economic or professional activities, as these notions are provided by law, on the date of entry into effect of the Civil Code. (2) In all the normative acts in force, the expressions "acts of commerce", respectively "acts of trade" shall be replaced by the expression "production, trade or service activities". + Article 8 ^ 1 The existence of a dispute or its registration in public registers provided by law does not prevent the formalities of advertising. ---------- Article 8 ^ 1 was introduced by the sub-item. 2 2 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 , published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. + Section 2 Amendment of some provisions of the preliminary title "On Civil Law" of the Civil Code + Article 9 The preliminary title "On Civil Law" of the Civil Code is amended as follows: 1. Article 1 shall read as follows: "" ART. 1 Springs of civil law (1) There are springs of civil law the law, usages and general principles of law. (2) In cases unforeseen by law, the usages apply, and in the absence thereof, the legal provisions regarding similar situations, and when there are no such provisions, the general principles of law. (3) In matters governed by law, the usages shall apply only to the extent that the law expressly sends to them. (4) Only usages conforming to public order and good morals are recognized as sources of law. (5) The interested party must provide proof of the existence and content of the plants. The usages published in collections drawn up by the entities or bodies authorised in the field shall be presumed to exist until proven otherwise. (6) For the purposes of this Code, it is customary to understand the custom (custom) and professional wear. " 2. Article 2 shall read as follows: "" ART. 2 Subject and content of the Civil (1) The provisions of this Code govern the patrimonial and non-patrimonial relations between persons, as subjects of civil law. ((. This code shall be composed of a set of rules constituting the common law for all the areas referred to in point or spirit of its provisions. " 3. In Article 3, paragraph 3 shall read as follows: " (3) It is the exploitation of a company systematically exercising, by one or more persons, an organized activity consisting in the production, administration or disposal of goods or in the provision of services, whether it has or not a lucrative purpose. " 4. Article 6 shall read as follows: "" ART. 6 Application of civil law in time (1) The civil law is applicable while it is in force. It has no retroactive power. (2) The acts and legal acts concluded or, as the case may be, committed or produced before the entry into force of the new law may not generate any legal effects other than those provided by the law in force on the date of conclusion or, as the case may be, of the their production. (3) Null legal acts, cancellable or affected by other causes of ineffectiveness at the date of entry into force of the new law are subject to the provisions of the old law, not being considered valid or, as appropriate, effective according to the provisions of the new law. (4) The prescriptions, downfalls and usurpations started and unfulfilled on the date of entry into force of the new law are entirely subject to the legal provisions that have instituted them. (5) The provisions of the new law shall apply to all acts and acts concluded or, as the case may be, products or committed after its entry into force, as well as to legal situations born after its entry into force. (6) The provisions of the new law are also applicable to the future effects of the legal situations born before its entry into force, derived from the state and capacity of persons, from marriage, parentage, adoption and legal obligation of maintenance, from the property relations, including the general arrangements of the goods, and from the neighbourly relations, if these legal situations subsist after the entry into force of the new law. " 5. Article 10 shall read as follows: "" ART. 10 Prohibition of analog Laws that derogate from a general provision, which restrict the exercise of civil rights or which provide for civil penalties shall only apply in the express and limiting cases provided by law. " 6. Article 11 shall read as follows: "" ART. 11 Respect for public order and good morals It cannot be derogated by conventions or unilateral legal acts from the laws of public order or from good morals. " 7. In Article 14, paragraph 1 shall read as follows: "" (1) Any natural person or legal person must exercise their rights and execute their civil obligations in good faith, in accordance with public order and good morals. " 8. In Article 18, paragraph 2 shall read as follows: "(2) The publication shall be made by the land register, the Electronic Archive of Real Estate Guarantees, referred to in this code and the archive, by the commercial register, as well as by other forms of advertising provided by law." + Section 3 Amendment of special laws + Article 10 Law no. 31/1990 on companies, republished in the Official Gazette of Romania, Part I, no. 1.066 of 17 November 2004, as amended and supplemented, shall be amended as follows: 1. In Article 1, paragraph 1 shall read as follows: Article 1 (1) In order to carry out profit-making activities, individuals and legal entities may associate and constitute companies with legal personality, in compliance with the provisions of this law. (2) The companies referred to in par. (1) based in Romania are Romanian legal entities. ---------- Article 1 of Law no. 31/1990 on companies, republished has been amended by section 2 2 of art. 18, Title IV of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. 2. In Article 5 (6), the letter a) shall read as follows: "" a) among the goods subscribed as a contribution to the share capital is a building; ". 3. Article 63 shall read as follows: "" ART. 63 The applications and remedies provided for by this law, by the jurisdiction of the courts, shall be settled by the tribunal in whose constituency the main office is based. " 4. Article 99 ^ 1 shall read as follows: "" ART. 99 99 ^ 1 (1) The constitution of securities on shares is made by registered under private signature, in which the amount of the debt will be shown, the value and the category of shares with which it is guaranteed, and in the case of bearer and nominative shares issued in material form, and by mentioning the mortgage on the title, signed by the creditor and the shareholder debtor or their trustees. (2) The mortgage is registered in the register of shareholders held by the board of directors, respectively by the directorate, or, as the case may be, by the independent company that holds the shareholders The creditor in favour of which the mortgage was constituted on the shares shall be issued a proof of its registration. (3) The mortgage becomes opposable to third parties and acquires the rank in the preference order of creditors from the date of registration in the Electronic Archive of Real Securities. " 5. Article 124 (1) shall be repealed. 6. In Article 204 (2), the letter a) shall read as follows: "" a) the increase of the share capital by subscription as an in-kind contribution of a building; ". 7. Article 291 shall read as follows: "" ART. 291 The provisions of this Law shall be supplemented by the provisions of the Civil Code and the Civil Procedure Code. + Article 11 Article 1 (1) and (2) of Article 1 Law no. 26/1990 on the trade register, republished in the Official Gazette of Romania, Part I, no. 49 of February 4, 1998, with subsequent amendments and completions, shall be amended and shall read as follows: "" ART. 1 (1) Before the beginning of economic activity, they must ask for registration or, as the case may be, the registration in the commercial register of the following natural or legal persons: authorized individuals, individual enterprises and family businesses, companies, national companies and national companies, autonomous regions, economic interest groups, cooperative societies, cooperative organisations, European societies, European cooperative societies and European groups of economic interest with the main office in Romania, such as and other natural and legal persons provided by law. .................................................................. (2) During the exercise of their activity or at the end of it, the natural or legal persons referred to in par. ((1) have the obligation to request the entry in the same register of the entries on the documents and facts whose registration is provided for by law. " + Article 12 Paragraph 3 of Article 14 of the Law no. 1/2005 on the organization and functioning of the cooperation, published in the Official Gazette of Romania, Part I, no. 172 of 28 February 2005, as amended, is amended and shall read as follows: "(3) The authentic form of the articles of association is compulsory when among the goods subscribed as a contribution to the share capital there is a building." + Chapter III Provisions on the book I "On Persons" of the Civil Code and on some laws + Section 1 Transitional and Implementing Provisions of the Book I "On Persons" of the Civil Code + Article 13 (1) The rights of the personality shall be subject to the law in force at the time (2) Any prejudice to the rights of personality shall be subject to the law in force at the time + Article 14 Art. 76 of the Civil Code does not apply if the provision of information or material was made prior to the date of entry into force of the Civil Code, even if the use of information or material is carried out after this date. + Article 15 Art. 78-81 of the Civil Code are also applicable to persons who died before the date of entry into force of the Civil Code. + Article 16 Persons on the date of entry into force of the Civil Code under guardianship, cleaning, prohibition or other protection measures are subject, in terms of their capacity, to the provisions of the Civil Code. + Article 17 The provisions concerning the family council shall apply to the guardianship and the cleaning established after the entry into force of the Civil Code + Article 17 ^ 1 Art. 186 of the Civil Code shall also apply in the cases provided in art. 119 119 para. ((6), art. 142 142 para. ((2) and art. 160 160 para. (2) of the Civil Code. ---------- Article 17 ^ 1 was introduced by the sub-item. 3 3 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 , published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. + Article 18 The provisions of the Civil Code regarding the general legal regime applicable to legal persons shall also apply to legal persons on the date of its entry into force, but only to the extent that by the laws applicable to each legal person no is provided otherwise. + Article 19 Art. 252-257 of the Civil Code applies to acts committed after its entry into force. + Section 2 Amending and supplementing certain provisions of the book I "On Persons" of the Civil Code + Article 20 Book I "On Persons" of the Civil Code is amended and supplemented as follows: 1. Article 31 is amended and shall read as follows: "" ART. 31 Heritage. Patrimonial masses and property of affection ((1) Any natural person or legal person is a holder of a patrimony that includes all rights and debts that can be valued in money and belong to it. (2) It may be subject to a division or an impairment only in the cases and conditions provided by law. (3) The assets of the impairment are the fiduciary patrimonial masses, constituted according to the provisions of Title IV of the Third Book, those affected by the exercise of an authorized profession, as well as other patrimonies determined according to the law. " 2. Article 33 (3) shall be amended and shall read as follows: " (3) The liquidation of the individual professional heritage is made in accordance with the provisions of art. 1.941-1.948, if by law it is not ordered otherwise. " 3. In Article 42, the marginal name and paragraph 1 shall be amended and shall read as follows: "" ART. 42 The regime of acts of the minor (1) The minor may conclude legal acts concerning the work, artistic or sporting occupations or relating to his profession, with the consent of his parents or guardian, as well as in compliance with the provisions of the special law, if applicable. " 4. In Article 43, paragraph 2 shall be amended and shall read as follows: " (2) For those who do not have the capacity for exercise, the legal acts shall be concluded, on their behalf, by their legal representatives, under the conditions provided by law. Art. 42 42 para. ((1) shall be duly applicable. '; 5. In Article 44, a new paragraph (2) is inserted, with the following contents: "" (2) The lack of exercise capacity or restricted exercise capacity may also invoke, in defence, the nullification of the act for its failure to result from the minority or from the placing under a judicial prohibition. " 6. Article 45 is amended and shall read as follows: "" ART. 45 Fraud committed by incapacitated The simple statement that it is able to contract, made by the one lacking in exercise capacity or with restricted exercise capacity, does not remove the annulability of the act. If, however, he has used dolosive workings, the court, at the request of the party misled, can maintain the contract when he considers that it would constitute an appropriate civil penalty. " 7. Article 46 (1) shall be repealed. 8. In Title II, the name of Chapter II is amended and shall read as follows: "" CAP. II Respect due to human being and her inherent rights " 9. In Article 58, the marginal name and paragraph 1 shall be amended and shall read as follows: "" ART. 58 Rights of personality (1) Everyone has the right to life, to health, to physical and mental integrity, to dignity, to their own image, to respect for private life, as well as other such rights recognized by the law. " 10. In Article 80, paragraph 2 shall be amended and shall read as follows: " (2) In the absence of an express option of the deceased person, will be respected, in order, the will of the husband, parents, descendants, relatives in the collateral line up to the fourth degree inclusive, universal legatations or with universal title or disposition the mayor of the commune, the city, the municipality or the district of Bucharest in whose territorial area the death took place. In all cases the confessional belonging of the deceased person will be taken into account. " 11. Article 87 is amended and shall read as follows: "" ART. 87 Domicile The home of the natural person, in order to exercise his civil rights and freedoms, is where he declares that he has his main home. " 12. In Article 89, paragraph 2 shall be amended and shall read as follows: "(2) Establishment or change of domicile only operates when the person who occupies or moves to a certain place has done so with the intention of having the main dwelling there." 13. Article 93 is amended and shall read as follows: "" ART. 93 Special cases ----------- The marginal name of art. 93 93 of section 13 13 of art. 20 20 has been amended by RECTIFICATION no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 489 489 of 8 July 2011. The home of the child deprived, temporarily or permanently, of the protection of his parents and subject to special protection measures, in the cases provided by law, is at the institution, his family or the persons to whom he was given in foster care. " 14. Article 95 is amended and shall read as follows: "" ART. 95 Domicile at the special curator If a special curator has been appointed for the administration of the estate, those called to the inheritance shall be domiciled to the curator, in so far as he is entitled to represent them. " 15. In Article 100, paragraph (4) is amended and shall read as follows: " (4) The judicial decision ordering the annulment, completion or modification of a civil status act, as well as the registration made under such a decision are opposable to any other person as long as a new decision does not the opposite has been established. The administrative act ordering the rectification of an act of civil status, as well as the registration made on its basis are opposable to any person until proven otherwise. " 16. Article 107 is amended and shall read as follows: "" ART. 107 Guardianship court (1) The procedures provided for in this Code on the protection of the natural person are the competence of the guardianship and family court established according to the law, hereinafter referred to as the guardianship court ((. In all cases, the court of guardianship shall immediately settle those applications. " 17. In Article 108, paragraph 1 shall be amended and shall read as follows: "(1) The conversion of the natural person by guardianship shall be carried out by the tutor, designated or appointed, under the conditions of this Code, as well as by the family council, as an advisory body." 18. Article 109 is amended and shall read as follows: "" ART. 109 Protection of the person by cleaning The protection of the natural person through the cleaning takes place only in the cases and conditions provided by law. " 19. In Article 111, letter c) is amended and shall read as follows: "c) the courts, on the occasion of the conviction to the criminal punishment of the prohibition of parental rights;". 20. In Article 114, after paragraph 3, two new paragraphs are inserted, paragraphs 4 and 5, with the following contents: " (4) The registration by which the person designated to be appointed guardian is revoked shall be entered in the register provided for in art. 1.046 1.046 or art. 2.033 2.033, as appropriate. (5) The public notary or the guardianship court, as the case may be, has the obligation to check on the registers provided in ((4) if the person designated to be a guardian has not been revoked. " 21. In Article 129, paragraphs 1 and 3 shall be amended and shall read as follows: " (1) The family council shall be convened at least 10 days before the date of the meeting by the tutor, on his own initiative or at the request of any of its members, of the minor who has reached the age of 14 or of the guardianship court. With the consent of all members of the family council, the convocation can also be made earlier than the deadline of 10 days before the date of the meeting. In all cases, the presence of all members of the family council shall cover the irregularity of .................................................................. (3) The meetings of the family council shall be held at the minor's home. If the convocation was made at the request of the guardianship court, the meeting shall be held at its headquarters. " 22. In Article 130, paragraph 3 shall be amended and shall read as follows: "" (3) The decisions of the family council shall be reasoned and recorded in a specially constituted register, which shall be held by one of the members of the council, designated for this purpose by the guardianship court. " 23. in Article 130, after paragraph 3, a new paragraph (4) is inserted, with the following contents: "" (4) The acts concluded by the tutor in the absence of the advisory opinion shall be un The conclusion of the act with non-compliance with the opinion draws only Art. 155 155 are properly applicable. ' 24. In Article 150, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "(3) For thorough reasons, in the course of the succession proceedings, the notary public, at the request of any interested person or ex officio, may provisionally appoint a special curator, who shall be validated or, as the case may be, replaced by the guardianship court." 25. Article 166 is amended and shall read as follows: "" ART. 166 Designation of guardian Any person who has the full capacity of exercise may designate by unilateral act or contract of office, concluded in authentic form, the person to be appointed guardian to care for the person and his/her assets if they were to be placed under a court ban. Art. 114 114 para. ((3)-(5) shall apply accordingly. " 26. Article 170 is amended and shall read as follows: "" ART. 170 Appointment of guardian By the decision of placing under prohibition, the court of guardianship shall immediately appoint a guardian for the protection of the person placed under a judicial prohibition. Art. 114 114-120 shall apply accordingly. ' 27. Article 175 is amended and shall read as follows: "" ART. 175 The liberalities received by the descendants of the judicial ban From the goods of the one placed under a court ban, his descendants may be pardoned by the guardian, with the opinion of the family council and with the authorization of the guardianship court, without however being able to give exemption from the report. " 28. In Article 212, paragraph 2 shall be amended and shall read as follows: " (2) Compared to third parties the decisions and decisions taken under the law, of the act of constitution or of the statute shall take effect only from the date of their publication, in the cases and conditions provided by law, unless proof is made that they have known them in another way. " 29. In Article 216, paragraph 1 shall be amended and shall read as follows: " (1) Decisions and decisions contrary to the law, act of constitution or status may be sued by any of the members of the governing or administration bodies who did not participate in the deliberation or who voted against and demanded to be inserted in the minutes of the meeting, within 15 days from the date when the copy of that decision or decision has been communicated, or from the date when the meeting took place, as the case may be. ' 30. Article 252 is amended and shall read as follows: "" ART. 252 Human personality protection Any natural person is entitled to the protection of the intrinsic values of the human being, such as life, health, physical and mental integrity, dignity, privacy of privacy, freedom of conscience, scientific, artistic, literary or technique. " 31. In Article 253, the introductory part of paragraph 1 and paragraph 2 shall be amended and shall read as follows: " (1) The natural person whose non-patrimonial rights have been violated or threatened may ask the court at any time: ................................................................... (2) By exception to the provisions of par. (1), in the case of violation of non-patrimonial rights by exercising the right to free speech, the court may order only the measures provided in ((1) lit. b) and c). " + Section 3 Amendment of special laws + Article 21 Law no. 8/1996 on copyright and related rights, published in the Official Gazette of Romania, Part I, no. 60 of 26 March 1996, as amended and supplemented, shall be amended as follows: 1. Article 88 shall read as follows: "" ART. 88 (1) The use of a work containing a portrait requires the consent of the person represented in this portrait, under the conditions provided by art. 73, 74 and 79 of the Civil Code. Also, the author, its owner or its owner does not have the right to reproduce or use it without the consent of the successors of the person represented, for 20 years after its death, in compliance with the provisions of art. 79 of the Civil Code. (2) In the absence of a contrary clause, consent is not necessary if the person represented in the portrait is a model profession or received a remuneration to pose for that portrait. Also, the existence of consent is presumed under the conditions of art. 76 76 of the Civil Code. " 2. Article 89 shall read as follows: "" ART. 89 The use of a correspondence addressed to a person requires the consent of the recipient, and after his death, for 20 years, of his successors, if the recipient did not want otherwise. In all cases, the provisions of art. 71 71 para. ((1) and (2), art. 72 72, 74 and 79 of the Civil Code. " + Article 22 Government Emergency Ordinance no. 97/2005 *) on the record, domicile, residence and identity documents of Romanian citizens, published in the Official Gazette of Romania, Part I, no. 641 of 20 July 2005, approved with amendments and additions by Law no. 290/2005 , as amended and supplemented, shall be amended as follows: Note
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* *) Government Emergency Ordinance no. 97/2005 was republished in the OFFICIAL GAZETTE no. 719 719 of 12 October 2011.
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1. In Article 26, paragraph 1 shall read as follows: "" ART. 26 (1) The home of the natural person is where he declares that he has the main dwelling. " 2. Article 29 shall read as follows: "" ART. 29 The residence is where the individual declares that he has secondary dwelling, other than that of domicile. "
+ Article 23 Law no. 95/2006 * *) on health reform, published in the Official Gazette of Romania, Part I, no. 372 of 28 April 2006, as amended and supplemented, shall be amended as follows: Note
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* *) Law no. 95/2006 was republished in the OFFICIAL GAZETTE no. 652 652 of 28 August 2015.
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1. In Article 144, letter a) shall read as follows: " a) the procurement of organs, tissues and cells of human origin, for therapeutic purposes, can be carried out from major persons in life, having full exercise capacity, after obtaining informed, written, free, prior and express consent of the to them, as set out in Annex no. 1. It shall be prohibited to take organs, tissues and cells from discerning persons; ". 2. In Article 147, point 4 shall read as follows: " 4. in the absence of agreement expressed during life according to art. 331 331 para. ((2) lit. c), the taking of organs, tissues and/or cells from deceased persons shall be made only with the written consent of at least one of the major members of the family or relatives, in the order provided in art. 81 of the Civil Code; ".
+ Chapter IV Provisions on the second book "On the Family" of the Civil Code and on some laws + Section 1 Transitional and implementing provisions of the second book "On the Family" of the Civil Code + Article 24 The provisions on engagement are applicable only if it has been concluded after the date of entry into force of the Civil Code. + Article 25 ((1) The validity of the marriage concluded before the date of entry into force of the Civil Code shall be determined according to the provisions of the law in force on (2) However, if, after the entry into force of the Civil Code, a fact has intervened which, according to its provisions, covers nullity, the marriage can no longer be found void or can no longer be annulled after the entry into force the Civil Code. (3) If the fact by which the nullity is covered involves the flow of a term, the marriage can no longer be found void or can no longer be annulled after the passage of that deadline from the date of entry into force of the Civil Code. + Article 26 The existence of the guardianship constitutes the cause of relative nullity of marriage only in the case of marriages concluded after the entry into force of + Article 27 Regardless of the date of the end of the marriage, in respect of their personal and patrimonial relations, the spouses are subject to the provisions of the Civil Code, from the date of its + Article 28 Art. 315 315 para. (1) of the Civil Code are also applicable in the case of marriages concluded before the entry into force of the Civil Code, if the impossibility of one of the spouses to manifest his will intervenes or is maintained after the entry into force of the Civil Code. + Article 29 Art. 316 of the Civil Code are also applicable in the case of marriages in being on the date of entry into force of the Civil Code, if the legal acts that seriously endanger the interests of the family are committed by one of the spouses after this date. + Article 30 Art. 322 of the Civil Code are also applicable in the case of marriages in being on the date of entry into force of the Civil Code, if the provisions on the family home or on the goods that furnish or decorate the family home or the movement they from the home intervened after this date. + Article 31 Art. 323 of the Civil Code are applicable to rental contracts concluded after the entry into force of the Civil Code. + Article 32 Art. 324 of the Civil Code are also applicable in the case of marriages in being on the date of entry into force of the Civil Code, if the award of the benefit of the lease is made after this date. + Article 33 Art. 340 and 341 of the Civil Code are also applicable to marriages in being on the date of entry into force of the Civil Code, whenever the legal act or the legal fact under which the good was acquired after this date. + Article 34 Art. 345-350 of the Civil Code are also applicable to marriages in being on the date of entry into force of the Civil Code, if the act or legal fact on a common good intervened after this date. + Article 35 Art. 351-354 of the Civil Code are also applicable to marriages in being on the date of entry into force of the Civil Code, if the duty was born after this date. + Article 36 (1) Provisions art. 358 of the Civil Code are also applicable to marriages in being on the date of entry into force of the Civil Code, if the act of division of common goods ends after this date. (2) In the case of requests for the sharing of common property pending in the first instance on the date of entry into force of the Civil Code, the court may order the division of the common property during the marriage, without further need examination of the thorough reasons. + Article 37 Art. 369 of the Civil Code on the conventional modification of the matrimonial regime are also applicable to marriages on the date of entry into force of the Civil Code. + Article 38 Art. 370-372 of the Civil Code on the judicial separation of goods are also applicable to marriages in being on the date of entry into force of the Civil Code, if the acts endangering the patrimonial interests of the family are concluded by one of the spouses after this date. + Article 39 (1) The provisions of the Civil Code on Divorce shall apply without distinction between marriages concluded before or after its entry into force. (2) The divorce pronounced prior to the entry into force of the Civil Code shall produce the effects established by the law in force on the date when the decision remained irrevocable. + Article 40 In the case of divorce applications made before the entry into force of the Civil Code, the court may order the divorce by the consent of the spouses, if the conditions provided for in art. 373 lit. a) and art. 374 of the Civil Code. + Article 41 The provisions of the Civil Code on divorce by agreement of spouses by administrative means or by the notary procedure are also applicable to marriages in being on the date of entry into force of the Civil Code. + Article 42 (1) In application of art. 379 379 para. (1) of the Civil Code, the divorce can be pronounced, in the hypothesis provided in art. 373 lit. b) of the Civil Code, at fault of one of the spouses, if the court determines the defendant's fault in the dissolution of the marriage (2) Provisions art. 388 of the Civil Code are applicable, in the case provided in art. 373 lit. b) of the Civil Code, if the divorce was pronounced at the sole fault of the defendant, and in the case provided in art. 373 lit. c) of the Civil Code, if the divorce was pronounced at the sole fault of the applicant. ---------- Article 42 has been amended by subsection. 4 4 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. + Article 43 Art. 385 of the Civil Code on the termination of the matrimonial regime applies only to the divorce that occurs after the date of entry into force of the Civil Code. + Article 44 Art. 386 of the Civil Code are applicable only if the request for divorce is entered after the entry into force of the Civil Code, and the legal acts are concluded by a spouse in the fraud of the other spouse after the date of introduction of the divorce application. + Article 45 Art. 388 of the Civil Code on the granting of compensation and those of art. 390 of the Civil Code on the granting of compensatory benefit are applicable if the reasons for divorce arose after the entry into force of the Civil Code. ---------- Article 45 has been amended by the subsection. 5 5 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. + Article 46 The provisions of judicial decisions regarding personal and patrimonial relations between children and their divorced parents before the entry into force of the Civil Code may be amended according to the provisions of art. 403 of the Civil Code. + Article 47 The establishment of the parentage, the denial of paternity or any other action regarding the parentage is subject to the provisions of the Civil Code and produces the effects provided by it only for children born after its entry into force + Article 48 Art. 455 of the Civil Code are also applicable if the minor acquires early exercise capacity, according to art. 40 of the Civil Code. + Article 49 The adoptions approved before the entry into force of the Civil Code remain subject, in terms of their validity, to the law in force on the date when they were approved. + Article 50 Art. 503 503 para. (2) of the Civil Code on the presumption of mutual tacit mandate between parents are applicable in the case of current acts concluded by one of the parents, after the entry into force of the Civil Code. + Article 51 Art. 531 of the Civil Code on modification and termination of the maintenance pension are also applicable in the case of maintenance pensions established by court decision prior to the entry into force of the Civil Code. + Section 2 Amending and supplementing certain provisions of the second book "On the Family" of the Civil Code + Article 52 The second book "On the Family" of the Civil Code is amended and supplemented as follows: 1. Article 265 is amended and shall read as follows: "" ART. 265 Competent court All measures given by this book in the jurisdiction of the court, all disputes regarding the application of the provisions of this book, as well as the child protection measures provided for in special laws are within the competence of the guardianship court. Art. 107 107 are properly applicable. ' 2. In Article 266, paragraph 2 shall be amended and shall read as follows: "" (2) The provisions on the substantive conditions for the conclusion of the marriage shall be duly applicable, except for the medical opinion and the authorization of the guardianship court. " 3. In Article 274, paragraph 3 is amended and shall read as follows: " (3) In the case of adoption, the provisions of paragraph ((1) and (2) are applicable both between those who have become relatives by adoption and between those whose natural kinship has ceased by the effect of adoption. " 4. Article 297 is amended and shall read as follows: "" ART. 297 Lack of consent required by law (1) The marriage concluded without the consent or authorization provided in art. 272 272 para. ((2), (4) and (5). ((2) The anulability may be invoked only by the one whose consent was necessary. Art. 46 46 para. ((4) shall apply accordingly. '; 5. Article 302 is amended and shall read as follows: "" ART. 302 Personal nature of the action The right to action for annulment shall not be passed on to However, if the action was started by one of the spouses, it may be continued by any of its heirs. " 6. In Article 303, paragraph 1 shall be amended and shall read as follows: " (1) In the cases provided for in art. 272 272 para. ((2), (4) and (5), the annulability of the marriage shall be covered if, until the final stay of the court decision, the consent and authorization required by law have been obtained. " 7. In Article 306, paragraph 2 shall be amended and shall read as follows: " (2) The nullity of the marriage may not be opposed to a third person against an act previously concluded by it with one of the spouses, unless the advertising formalities provided for by the law regarding the action have been fulfilled. the finding of nullity or annulment or third party, in another way, before the end of the act, the cause of nullity of the marriage. Art. 291 291, 334 and 335 shall be duly applicable and the publicity of the action for a declaration of invalidity or annulment of the marriage. ' 8. In Article 322, paragraph 1 shall be amended and shall read as follows: "(1) Without the written consent of the other spouse, none of the spouses, even if it is an exclusive owner, cannot dispose of the rights to the family home, nor can they conclude acts by which it would be affected by its use." 9. in Article 323, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) In case of death of one of the spouses, the surviving spouse continues the exercise of his housing right, if he does not expressly waive it, within the period provided for in art. 1.834 1.834. " 10. In Article 324, paragraph 4 is amended and shall read as follows: " (4) Provisions of para. ((1)-(3) shall apply similarly and if the property is the common property of the 2 spouses, the attribution of the benefit of the marital home producing effects until the date of the final stay of the party decision. " 11. In Article 333, paragraphs 1, 2 and 4 shall be amended and shall read as follows: " (1) By marriage agreement one may stipulate that the surviving spouse shall take over without payment, before the partition of the inheritance, one or more of the common goods, held in devaluation or in co-ownership. The precipitation clause can be stipulated for the benefit of each of the spouses or only in favor of one of them. (2) The precipitate clause is not subject to the ratio of donations, but only to the reduction, under the conditions of art. 1.096 1.096 para. ((1) and (2). ..................................................................... (4) The precipice clause becomes obsolete when the community ceases during the life of the spouses, when the beneficiary spouse died before the dispuniting husband or when they died at the same time or when the goods that were subject to her were sold at the request of mutual creditors. " 12. In Article 334, paragraphs 1 and 2 shall be amended and shall read as follows: " (1) In order to be opposable to third parties, matrimonial conventions shall be entered in the notarial national register of matrimonial property regimes, organized according to the law. (2) After the authentication of the matrimonial convention during the marriage or after the receipt of the copy of the marriage act, according to art. 291, the public notary dispatches, ex officio, a copy of the convention to the civil status service where the celebration of the marriage took place, in order to make mention on the marriage act, to the register mentioned in par. (1), as well as to the other advertising registers, under the conditions of par. ((4). ' 13. Article 338 is amended and shall read as follows: "" ART. 338 Invalidity of the matrimonial convention If the marriage contract is void or cancelled, the regime of the legal community shall apply between the spouses, without being affected the rights acquired by the third parties of good faith. " 14. Article 348 is amended and shall read as follows: "" ART. 348 Intake of common goods Common goods may be subject to a contribution to companies, associations or foundations, under the law. " 15. Article 349 is amended and shall read as follows: "" ART. 349 Reporting regime (1) Under the sanction provided in art. 347, none of the spouses can alone, without the written consent of the other spouse, dispose of the common goods as an intake to a company or for the acquisition of social parts or, as the case may be, of actions. In the case of companies whose shares are traded on a regulated market, the spouse who has not given written consent to the use of the common goods can only claim damages from the other spouse without being affected. rights acquired by third parties. (2) In the case provided in par. ((1), the quality of the associate is recognized to the spouse who has reported the common good, but the shares or shares are common property. The associate spouse shall exercise only the rights arising from that quality and may carry out the transfer of the shares or, where appropriate, of the shares held. (3) The quality of the associate may be recognised by the other spouse if he has expressed his will to do so. In this case, each of the spouses has the status of associate for the shares or the shares assigned in exchange for half of the value of the good, if, by convention, the spouses did not stipulate other quotas-parties. The shares or shares of each of the spouses shall be their own property. ' 16. In Article 357, paragraph 1 is amended and shall read as follows: " (1) In the framework of the liquidation of the community, each of the spouses shall take over its own assets, after which it will proceed to the partition of the common goods and to the regularization 17. In Article 360, a new paragraph (2) is inserted, with the following contents: " (2) By marriage agreement, the parties may stipulate clauses regarding the liquidation of this regime according to the mass of goods purchased by each of the spouses during the marriage, on the basis of which the participation claim will be calculated. If the parties did not agree otherwise, the participation claim represents half of the value difference between the two masses of net purchases and will be due by the spouse whose net purchase mass is higher, and can be paid in money or in nature. " 18. In Article 367, letters a) and b) shall be amended and shall read as follows: " a) the inclusion in the community, in whole or in part, of the acquired property or of its own debts born before or after the end of the marriage, except for the goods provided in art. 340 lit. b) and c); b) the restriction of the community to the specific goods or debts determined in the matrimonial convention, regardless of whether they are acquired or, as the case may be, born before or during the marriage, except for the obligations provided in art. 351 lit. c); ". 19. In Article 374, paragraph 1 is amended and shall read as follows: "" (1) The divorce by the consent of the spouses may be pronounced regardless of the duration of the marriage and whether or not there are minor children resulting from the marriage. " 20. Article 375 is amended and shall read as follows: "" ART. 375 Conditions (1) If spouses agree to divorce and do not have minor children, born from marriage, from outside marriage or adopted, the civil status officer or public notary at the place of marriage or the last common dwelling of spouses may find undoing. marriage by the consent of the spouses, issuing them a divorce certificate, according to the law. ((2) The divorce by the consent of the spouses may be found by the notary public and if there are minor children born of marriage, from outside the marriage or adopted, if the spouses agree on all aspects relating to the surname they to wear it after divorce, the exercise of parental authority by both parents, the establishment of children's home after divorce, the way of keeping personal ties between the parent separately and each of the children, as well as the establishment parents ' contribution to the expenses of growth, education, teaching and training professional children. If from the social survey report it follows that the agreement of the spouses on the joint exercise of the parental authority or the one on the establishment of the child's home is not in the interest of the child, the provisions 376 376 para. ((5). (3) Provisions art. 374 374 para. ((2) are properly applicable. " 21. Article 376 is amended and shall read as follows: "" ART. 376 Procedure (1) The application for divorce shall be filed by spouses together. The civil status officer or notary public records the application and gives them a 30-day reflection period. (2) By exception to the provisions of par. (1), the request for divorce can be submitted to the notary public and through the trustee with authentic power of attorney. (3) On the expiry of this period, the spouses shall be presented in person, and the civil status officer or, as the case may be, the public notary shall verify that the spouses persist to divorce and if, in this regard, their consent is free and unimpaired. (4) If the spouses arouse in the divorce, the civil status officer or, as the case may be, the public notary issues the divorce certificate without making any mention of the fault of the spouses. (5) Provisions art. 383 383 para. ((1) and (3) shall apply accordingly. If the spouses do not understand the family name to wear after the divorce or, in the case provided for in art. 375 375 para. (2), on the joint exercise of parental rights, the civil status officer or, as the case may be, the public notary issues a provision rejecting the request for divorce and directs the spouses to appeal to the court, according to the provisions of art. 374. (6) The settlement of claims concerning other effects of divorce on which the spouses do not understand is the jurisdiction of the court. " 22. In Article 398, paragraph 2 shall be amended and shall read as follows: "(2) The other parent retains the right to watch over the way of raising and educating the child, as well as the right to consent to his adoption." 23. In Article 452, after letter c) a new letter, letter d) is inserted, with the following contents: "" d) speed in the performance of any acts relating to the adoption procedure. '; 24. In Article 454, paragraph 1 shall be amended and shall read as follows: "" (1) Adoption shall be approved by the court of guardianship, if it is in the best interests of the child and all other conditions provided by law are fulfilled. " 25. Article 459 is amended and shall read as follows: "" ART. 459 Capacity and health status People who do not have full exercise capacity as well as people with mental illness and mental disability cannot adopt. " 26. In Article 463 (1), point a) is amended and shall read as follows: "a) natural parents or, as the case may be, the guardian of the child whose natural parents are deceased, unknown, declared dead or missing or put under prohibition, under the law;". 27. Article 465 is amended and shall read as follows: "" ART. 465 Freedom of parental consent The natural parents of the child or, as the case may be, the guardian must consent to the adoption freely, unconditionally and only after they have been duly informed of the consequences of the adoption, in particular on the termination of the kinship ties of the child with his family of origin. " 28. Article 467 is amended and shall read as follows: "" ART. 467 Parents ' refusal to give their consent Exceptionally, the guardianship court can override the refusal of natural parents or, as the case may be, the guardian to consent to adoption, if it turns out, with any means of evidence, that it is abusive and the court considers that adoption is in the best interest superior of the child, taking into account his opinion, given under the law, with the express motivation of the decision in this regard. " 29. Article 472 is amended and shall read as follows: "" ART. 472 The adoption of the adopter from the parental rights exercise If the adopter is deprived of the exercise of parental rights, the court of guardianship, taking into account the best interest of the child, may establish guardianship or one of the protective measures provided by law. Hearing the child is mandatory, the provisions of art. 264 264 being applicable. ' 30. Article 476 is amended and shall read as follows: "" ART. 476 Adoption of adoption (1) Adoption is opened by law in the case provided in art. 462 462 para. ((2) lit. a). (2) The adoption may also be opened if the adoption of a protective measure provided for by law is necessary, if the dissolution of the adoption is in the best interests of the child. In this case, the adoption shall be deemed to be opened at the time of the final stay of the court decision ordering the protection measure, under the law. " 31. In Article 477, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "" (3) Adoption may be opened at the request of the adopter only after the adoption has acquired full exercise capacity, under the law, even if the facts were previously committed to this data. " + Section 3 Amendment and completion of special laws + Article 53 Point d) of Article 21 of the Law no. 26/1990 on the trade register, republished in the Official Gazette of Romania, Part I, no. 49 of February 4, 1998, with subsequent amendments and completions, shall be amended and shall read as follows: " d) the marriage contract, concluded before or during the marriage, including its amendment, the court decision on the judicial modification of the matrimonial property regime, the action or the determination or declaration of invalidity the marriage, the action or the decision finding or declaring the nullity of the matrimonial convention, as well as the action or the divorce decision rendered in the course of the exercise of economic activity; ". + Article 54 After Article 29 ^ 1 of Law of public notaries and notarial activity no. 36/1995 * *), published in the Official Gazette of Romania, Part I, no. 92 of 16 May 1995, with subsequent amendments and completions, a new article is inserted, Article 29 ^ 2, with the following contents: "" ART. 29 29 ^ 2 At the level of the National Union of Public Notaries, the notarial national register of matrimonial regimes is established. The organization and functioning of this register, as well as the registration and consultation procedure shall be established by order of the Minister of Justice Note
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*) Law of public notaries and notarial activity no. 36/199 was republished in the OFFICIAL GAZETTE no. 72 of 4 February 2013 and subsequently in the OFFICIAL GAZETTE no. 444 444 of 18 June 2014.
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+ Chapter V Provisions on the Third Book "On Goods" of the Civil Code and on some laws + Section 1 Transitional and Implementing Provisions of the Third Book "On Goods" of the Civil Code + Article 55 Art. 553 553 para. (2) of the Civil Code applies only to legacies opened after the entry into force of the Civil Code. + Article 56 (1) The provisions of the Civil Code regarding the acquisition of real estate rights by the effect of their registration in the land register shall apply only after the completion of the cadastre works for each administrative-territorial unit and opening, on request or ex officio, the land books for the buildings concerned, in accordance with the provisions of Law of cadastre and real estate advertising no. 7/1996 , republished, with subsequent amendments and completions. ---------- Alin. ((1) of art. 56 56 has been modified by the subsection. 6 6 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 , published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. (2) Until the date provided in par. (1), the registration in the land register of the right of property and other real rights, on the basis of the acts by which they were transmitted, constituted or validly modified, shall be made only for the purpose of opposability to third parties. + Article 57 Art. 576 of the Civil Code applies to situations born after the entry into force of the Civil Code. + Article 58 (1) In all cases where artificial real estate access involves the exercise of an option right by the owner of the property, the effects of the access are governed by the law in force at the time of the start of the work. (2) Until the conditions laid down in art. 56 56 para. (1), whenever the owner of the property has a right of option, he acquires the right of ownership of the work started after the entry into force of the Civil Code from the date of the application for appeal his ownership of the work, if the action was admitted. ---------- Alin. ((2) of art. 58 58 has been modified by the subsection. 7 7 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 , published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. + Article 59 Art. 602-625 of the Civil Code does not apply to legal situations born before its entry into force. + Article 60 (1) The validity and legal effects of the inalienable clause established by the Convention shall be governed by the law in force at the time of the conclusion of the Convention. (2) The validity of the inalienable clause established by the will is governed by the law in force at the time of its conclusion, and the effects of the clause are governed by the law in force on the date of opening of the succession. + Article 60 ^ 1 In the category of conventions provided by art. 627 627 para. (4) of the Civil Code, from which the obligation to transmit in the future the property to a determined or determinable person is born, also enters the antecontracts having as object the transmission in the future, by concluding contracts, the right of property on a movable or immovable property, as the case may be, unless otherwise provided by law. ---------- Article 60 ^ 1 was introduced by the sub-item. 8 8 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 , published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. + Article 61 Art. 630 of the Civil Code applies only to inconveniences caused after the date of entry into force of the Civil Code. + Article 62 Art. 641 of the Civil Code applies only to legal acts concluded after the entry into force of the Civil Code. + Article 63 Art. 643 643 para. (1) and (2) of the Civil Code shall also apply in cases where the court decision has not remained final until the date of entry into force of the Civil Code, and those of art. 643 643 para. (3) shall also apply in situations in which the case was not settled in the first instance until the date of entry into force of the Civil Code. + Article 64 Art. 660-666 of the Civil Code applies to legal situations born after the entry into force of the Civil Code. + Article 65 Art. 667 and 668 of the Civil Code apply only to legal acts concluded after the entry into force of the Civil Code. + Article 66 (1) Provisions art. 669-686 of the Civil Code are applicable to the partition conventions concluded after the entry into force of the Civil Code. (2) Also, the provisions of art. 669-686 of the Civil Code also applies to the judicial partition, when the application for appeal was introduced after the entry into force of the Civil Code. + Article 67 Art. 687-692 of the Civil Code are without prejudice to the provisions of Government Emergency Ordinance no. 14/2011 for the protection of consumers at the conclusion and execution of contracts for the acquisition of the right of use for a fixed period of one or more accommodation, long-term contracts for the acquisition of benefits for holiday products, resale contracts as well as exchange contracts. + Article 68 Art. 693-702 of the Civil Code does not apply to superficie rights constituted before the entry into force of the Civil Code. + Article 69 The rights of use in the being and after the entry into force of the Civil Code shall be exercised according to its provisions, unless otherwise provided by this law. + Article 70 Art. 714 of the Civil Code applies regardless of the date of establishment of the uzufruit. In the case of the usufruit constituted by the convention concluded before the entry into force of the Civil Code, it shall be and shall remain so, except where the parties agree otherwise. + Article 71 Art. 715 715 para. (2)-(4) of the Civil Code shall apply only in cases where the conclusion or renewal of tenancy or lease contracts takes place after the entry into force of the Civil Code. + Article 72 Art. 746 746 para. ((1) lit. e) of the Civil Code shall apply to the rights of use constituted after the entry into force of the Civil Code. + Article 73 Art. 747 of the Civil Code are also applicable in the case of the usufruit constituted prior to the entry into force of the Civil Code, if the abuse of use is subsequently committed to this data. + Article 74 Art. 748 748 para. (2) of the Civil Code shall apply in all cases where the good was destroyed after the entry into force of the Civil Code. + Article 75 Art. 770 770 para. ((1) lit. f) of the Civil Code applies only to the rights of servitude constituted after the entry into force of the Civil Code. + Article 76 Art. 876-915 of the Civil Code regarding the cases, conditions, effects and regime of enrolments in the land register shall apply only to legal acts and acts concluded or, as the case may be, committed or produced after the entry into force of the Civil Code. + Article 77 Entries in the land register carried out pursuant to acts or legal acts concluded or, as the case may be, committed or produced before the entry into force of the Civil Code will produce the effects provided by the law in force on the date of conclusion of these acts or, as the case may be, the date of the commission or the occurrence of these facts, even if these entries are made after the date of entry into force of + Article 78 (1) Special real estate and legal mortgages born until the entry into force of the Civil Code can be registered after this date, either in the old real estate advertising registers, if no books are opened for the encumbered buildings new land under the conditions art. 58 ^ 1 of Law no. 7/1996 , republished, with subsequent amendments and completions, either in the new land books, according to the provisions of the latter law. (2) Special real estate privileges, registered either in the old registers of real estate advertising, or in the new land books until the entry into force of the Civil Code or, as the case may be, under the conditions provided in par. (1), shall be converted to full law in legal mortgages after the expiration of a period of one year after the entry into force of the Civil Code or, as the case may be, from the date of registration and will be subject to the provisions of the Civil Code. (3) From the date of entry into force of the Civil Code, special real estate privileges provided for in special laws become legal mortgages and will be subject to the regime provided by the Civil Code for legal mortgages. + Article 79 ((1) If, for the first time, they have entered the land register, without legitimate cause, real rights according to art. 58 ^ 1 of Law no. 7/1996 , republished, with subsequent amendments and completions, the onerous third parties of any real estate law, establishing themselves, in good faith, on the land book, cannot prevail against the real owners, foreigners of the land book, the provisions of art. 901 901 of the Civil Code or the art. 31 31 of Law no. 7/1996 , republished, with subsequent amendments and completions, as the case may be, as long as the term of the tabular use provided by the Civil Code has not been fulfilled or if within this period an action has been registered to contest the land book. (2) The provisions of this Article shall not apply to entries made before the entry into force of the Civil Code. In this case, the provisions of common law regarding the use of the property shall apply, in force on the date of entry into possession of the property. + Article 80 Applications for registration as well as legal actions based on the provisions Law no. 7/1996 , republished, with subsequent amendments and completions, regardless of the date of their introduction, will be solved according to the material norms in force at the date of conclusion of the act or, as the case may be, at the time of the generating, modifying or extinguishing the right subject to registration or rectification, in compliance with the procedural rules in force at the time of their introduction. ----------- Article 80 has been amended by the subsection. 9 9 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 , published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. + Article 81 Art. 920 of the Civil Code applies only to cases of intervertire arising after the entry into force of the Civil Code. + Article 82 (1) Provisions art. 930-934 of the Civil Code relating to real estate use only applies in cases where the possession began after the date of its entry into force. For cases where possession has commenced before that date, the provisions relating to the use of the property in force on the date of commencement of possession are applicable With regard to the buildings for which, at the time of the beginning of the possession, before the entry into force of the Civil Code, no land books were opened, the provisions in terms of use of the Civil Code of 1864 remain applicable. (2) In the case of possessions started after the entry into force of the Civil Code, if land books were opened, until the conditions provided in art. 56 56 para. ((1), the extratabular use provided for in art. 930 of the Civil Code produces its effects from the date of introduction of the request for a call to the judgment requesting the finding of the fulfilment of the legal requirements of this mode of acquisition, if the action was admitted, respectively from the date of the invocation the exception of the use, if this exception has been accepted. ---------- Article 82 has been amended by the subsection. 10 10 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. + Article 82 ^ 1 (1) The rights to the places of final/interment of cemeteries, acquired under the law, shall be transmitted, regardless of their legal nature, by succession and legal acts between live free of charge. (2) The rights provided in par. ((1) may be constituted, pursuant to the regulations in force on October 1, 2011, and after the entry into force of the Civil Code. ---------- Art. 82 ^ 1 was introduced by the subsection. 11 11 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 , published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. + Section 2 Amending and supplementing certain provisions of the Third Book "On Goods" of the Civil Code + Article 83 The Third Book "On Goods" of the Civil Code is amended and supplemented as follows: 1. In Article 556, paragraph 3 is amended and shall read as follows: "(3) The exercise of the right of property may be limited by the will of the owner, with the exceptions provided by law." 2. In Article 557, paragraph 1 is amended and shall read as follows: " (1) The right of property may be acquired, under the law, by convention, legal or testamentary inheritance, access, usurpation, as an effect of possession of good faith in the case of movable and fruit goods, by occupation, as well as by court decision, when she is translative of property by herself. " 3. In Article 563, paragraph 4 is amended and shall read as follows: "(4) The judicial decision by which the action was accepted is opposable and can also be executed against the acquiring third party, under the conditions of the Civil Procedure Code." 4. In Article 566, after paragraph 8, a new paragraph (9) is inserted, with the following contents: "" (9) Provisions para. ((3), (4) and (8) shall apply only in those situations where the expenses do not materialize in a new work, in which case the corresponding provisions in the matter of artificial real estate access are incidents. " 5. In Article 577, paragraph 2 is amended and shall read as follows: " (2) When the work is carried out by the owner of the property with his materials or with the materials of another, the ownership of the work is born in favour of the owner of the property at the time of the beginning of the work whether by law or legal act it is not provided otherwise. " 6. In Article 591, paragraph 2 shall be amended and shall read as follows: " (2) The author of the good faith work has a legal mortgage right on the property for the payment of the allowance and may require the registration of the mortgage right under the convention concluded in authentic form or a court decision, according to provisions of Article 589 589. " 7. Article 597 is amended and shall read as follows: "" ART. 597 Work carried out by a precarious detente The works made by a precarious detente are subject, accordingly, to the rules applicable to the author of bad faith. " 8. in Article 658, after paragraph 4, a new paragraph (5) is inserted, with the following contents: "" (5) The building, respectively the part of the building resulting from the cessation of the destination of the common use shall be duly entered in the land register on the basis of the cadastral documentation drawn up for this purpose. " 9. In Article 662, paragraph 2 shall be amended and shall read as follows: "(2) In the absence of legal provisions, the rules of urbanism or the custom of the place, the height of the common wall is established by the parties, but without exceeding 2 meters, counting the mane of the wall." 10. In Article 743, paragraph 3 shall be amended and shall read as follows: " (3) The legatee of the universal use or universal title is obliged to pay, in proportion to the object of the use and without any right of restitution, the legates by private title having as its object maintenance obligations or, as the case may be, rente viagere. " 11. Article 763 is amended and shall read as follows: "" ART. 763 Acquisition of servitude by usucaption Through the tabular usucaption any servitude can be acquired, and only positive servituseful can be acquired through extratabular use. " 12. Article 773 is amended and shall read as follows: "" ART. 773 Notions --------- The marginal name of art. 773 773 of section 12 12 of art. 83 83 has been amended by RECTIFICATION no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 489 489 of 8 July 2011. The trust is the legal operation whereby one or more constituents transfer real rights, claim rights, guarantees or other patrimonial rights or an ensemble of such rights, present or future, to one or more fiduciaries exercising them with a determined purpose, for the benefit of one or more beneficiaries. These rights make up an autonomous patrimonial mass, distinct from the other rights and obligations in the property of fiduciaries. " 13. In Article 780, paragraph 1 is amended and shall read as follows: " (1) Under the sanction of absolute nullity, the trust contract and its amendments must be registered at the request of the fiduciary, within one month from the date of their conclusion, to the fiscal body competent to administer the amounts due by fiduciary to the consolidated general budget of the 14. Article 781 is amended and shall read as follows: "" ART. 781 Opposability of trust ((1) Fiducia is opposable to third parties from the date of its mention in the Electronic Archive of Real Securities Guarantees. ((2) The registration of real estate rights, including real estate guarantees, which are the subject of the trust contract shall also be made in the land register, for each individual right. " 15. Article 782 is amended and shall read as follows: "" ART. 782 Specification of fiduciary quality (1) When the fiduciary acts on the account of the fiduciary patrimonial mass, he may make express mention in this regard, except in cases where this is prohibited by the trust contract. (2) Also, when the fiduciary patrimonial mass includes rights whose transmission is subject to advertising, in the advertising register the fiduciary may request to mention the name of the fiduciary and the quality in which it acts. (. In all cases where the constituent or the beneficiary so requests in accordance with the trust contract, the fiduciary will have to specify the quality in which he acts. Otherwise, if the act is damaging to the constituent, it will be considered that the act was concluded by the fiduciary in its own name. " 16. In Article 784, paragraph 1 is amended and shall read as follows: " (1) In relation to third parties, the fiduciary is deemed to have full powers over the fiduciary property, acting as a genuine and sole proprietor of the rights in question, unless it turns out that third parties were aware of limiting these powers. " 17. In Article 785, the marginal name is amended and shall read as follows: "" insolvency of fiduciaries " 18. In Article 786, paragraph 1 is amended and shall read as follows: " (1) The goods of the fiduciary patrimonial mass may be pursued, under the law, by the holders of claims born in connection with these goods or by those creditors of the constituent who have a real guarantee on his assets and whose opposability is acquired, according to the law, prior to the establishment of trust. The right of prosecution may also be exercised by the other creditors of the constituent, but only by virtue of the final judgment of admission of the action by which it was abolished or rendered inopposable, in any way, with retroactive effect, the trust contract. " 19. In Article 788, paragraph 1 is amended and shall read as follows: "(1) If the fiduciary fails to fulfil his obligations or endangers the interests entrusted to him, the constituent, his representative or the beneficiary may seek the replacement of the fiduciary." 20. In Article 788, after paragraph 1, two new paragraphs are inserted, paragraphs 1 ^ 1 and 1 ^ 2, with the following contents: "" (1 ^ 1) Until the replacement of the replacement application, the constituent, its representative or, in the absence thereof, the beneficiary shall appoint a provisional administrator of the fiduciary patrimonial mass. If the constituent, its representative or the beneficiary concurrently designates a provisional administrator, it shall prevail the designation made by the constituent or its legal representative. ((1 ^ 2) The mandate of the provisional administrator shall cease at the time of the replacement of the trust or at the time of the final rejection of the replacement The resolution of the request for the replacement of the trust shall be carried out urgently and in particular. " 21. In Article 793, paragraph 1 is amended and shall read as follows: "" (1) Unless, according to the law, the constitutive act or the subsequent agreement of the parties or the concrete circumstances, the administration is carried out free of charge, the administrator is entitled to a remuneration established by the act constitutive or by subsequent understanding of the parties, by law or, in absentia, by judicial decision. In the latter case, account will be taken of the plants and, in the absence of such a criterion, the value of the services provided by the administrator. " 22. In Article 798, paragraph 1 is amended and shall read as follows: "(1) The administrator shall be obliged to invest the amounts of money under his administration in accordance with the provisions of this Title relating to placements deemed safe." 23. Article 869 is amended and shall read as follows: "" ART. 869 Extinguishing the right of administration The right of administration ceases with the termination of the right of public property or by the act of revocation issued, under the law, if the public interest imposes it, by the body that constituted it. " 24. in Article 878, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "(3) Several owners may not be entered in the same land book unless they are in co-ownership on quotas-parties or in devaluation." 25. In Article 880, paragraph 1 is amended and shall read as follows: " (1) In case of bonding or detachment, the resulting buildings will be transcribed into new land books, with the mention of the new cadastral number for each building, and the land book or, as the case may be, the old land books will close, without being able to reopen for other entries. " 26. In Article 883, paragraph 1 is amended and shall read as follows: " (1) Any person, without being held to justify any interest, may investigate any land book, as well as the other documents with which it is completed, according to the law. The folder with the documents that were the basis for making entries in the land register can be consulted by any interested person, in compliance with the legal provisions regarding the processing of personal data and the free movement of such data. ' 27. In Article 885, paragraph 2 shall be amended and shall read as follows: " (2) The actual rights will be lost or extinguished only by their deletion from the land book, with the consent of the holder, given by authentic notarial inscription. This consent is not necessary if the right is extinguished by the fulfillment of the term shown in registration or by his death, as the case may be, by ceasing the legal existence of the holder, if he was a legal person 28. Article 888 is amended and shall read as follows: "" ART. 888 Registration conditions The registration in the land register shall be made on the basis of the authentic notarial inscription, of the final court decision, of the certificate of heir or on the basis of another act issued by the administrative authorities, in cases where the law provides 29. In Article 890, paragraphs 1 and 5 shall be amended and shall read as follows: " (1) If by law it is not provided otherwise, entries in the land register will produce their effects from the date of registration of applications, but taking into account the date, time and minute of their registration in all cases where the application was submitted personnel, through trustee or notary public or, as the case may be, communicated by telefax, electronic mail or by other means that ensure the transmission of the text and confirmation of receipt of the application for registration with all supporting documents. ................................................................... (5) Provisions of para. ((3) and (4) shall also apply when, on the same day, an application for registration has been submitted or communicated under the conditions of par. ((1), and another received by post or courier. " 30. In Article 899, paragraph 2 is amended and shall read as follows: "" (2) The justification of a provisional registration shall be made with the consent of the one against whom the provisional entry was made, given in authentic form, or pursuant to a final court decision. In the latter case, the provisions of art. 896 896 and 897 shall apply, accordingly, to the action in the tabular justification. ' 31. In Article 907, paragraph 3 shall be amended and shall read as follows: " (3) The actual legal situation must result from a recognition made by the holder of the registration whose rectification is requested, by declaration given in authentic notary form, or from a final court decision rendered against to him, by which the substantive action was admitted. The substantive action may, where appropriate, be an action for annulment, resolution, reduction or any other action based on a cause of ineffectiveness of the legal act. " 32. In Article 908, paragraph 1 of paragraph 1 and paragraph 3 shall be amended and shall read as follows: " 1. the registration or conclusion is not valid or the act under which the registration was carried out was abolished, under the law, for reasons or reasons prior to or concurrent to the conclusion or, as the case may be, its issuance; .......................................................................... (3) When the right inscribed in the land book is to be rectified, the holder shall be obliged to surrender to the rightful one, with the consent given in the authentic notary form for making the rectification, and the necessary documents, and in case contrary, the person concerned will be able to request the court to order the registration in the land In the latter case, the judgment of the court will supplement the consent to the registration of the party who has the obligation to hand over the necessary documents to the rectification. " 33. In Article 920 (1), point b) shall be amended and shall read as follows: " b) if the precarious detente commits against the possessor acts of unequivocal resistance in respect of his intention to start acting as an owner; in this case, however, the interversion will not occur before the end of the term provided for the return of the good; ". + Section 3 Amendment and completion of special laws + Article 84 Law no. 33/1994 on expropriation for the cause of public utility, published in the Official Gazette of Romania, Part I, no. 139 of 2 June 1994, shall be amended as follows: Note
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* *) Law no. 33/1994 was republished in the OFFICIAL GAZETTE no. 472 472 of 5 July 2011.
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1. Article 35 shall read as follows: "" ART. 35 If within one year the expropriated immovable property was not used according to the purpose for which they were taken from expropriation or, as the case may be, the works were not started, the former owners may ask for their restitution, if no the new declaration of public utility. For this purpose, the former owners will be notified of the initial address communicated to the expropriator in order to pay the compensation due for the expropriated property. " 2. Article 36 shall read as follows: "" ART. 36 The request for restitution is entered in the court, within the general limitation period, which flows from the date of notification provided for in art. 35. In this case, the tribunal, verifying the grounds of the application, will order the restitution, and the price of the property will be determined as in the situation of expropriation, without being able to exceed the updated compensation. " 3. Article 37 shall read as follows: "" ART. 37 If the works for which the expropriation was made were not realized, and the expropriator wants the alienation of the property, the expropriated-former owner-has a priority right to the acquisition, at a price that cannot be higher than the compensation Updated. For this purpose, the expropriator will notify the former owner under the terms of art. 35, and, if he does not opt for purchase within two months of receiving the notification, the property may be disposed of freely. If the priority right of acquisition is violated, the former owner can substitute himself in the rights of the buyer, paying him the price, within the limit provided in par. 2, as well as the expenses occasioned for sale. The right of substitution shall be exercised within two months from the date of communication of the conclusion ordering the registration in the land register for the benefit of the buyer. In this case, the former owner takes the place of the buyer, substituting the latter in all rights and obligations born of the contract concluded in violation of the priority right of acquisition. The provisions on the payment offer followed by the consignnation shall apply accordingly. The minutes concluded by the bailiff to ascertain the receipt of payment by the buyer third or, as the case may be, the conclusion of the bailiff of finding the payment of the price by the buyer third remaining final You're holding the title. The land registry provisions shall remain applicable. ';
+ Article 85 Law no. 51/1995 on the organization and exercise of the profession of lawyer, republished in the Official Gazette of Romania, Part I, no. 98 of 7 February 2011, as amended, shall be amended as follows: 1. In Article 3 (1), the letter g) shall read as follows: "g) trust activities carried out under the conditions of the Civil Code;". 2. In Article 6, paragraphs 1, 3 and 4 shall read as follows: "" ART. 6 (1) The professional limited liability company is a company with legal personality, constituted under the conditions provided by this Law and by the Statute of the profession of lawyer, by the association of at least 2 definitive lawyers, profession, whether or not they own or not whether or not they belong to another form of exercising the profession. .......................................................................... (3) The professional limited liability company is a holder of its own patrimony. (4) The obligations and liability of the professional limited liability company are guaranteed with their own patrimony. Associations respond personally only within the limit of the social contribution of each. " + Article 86 Government Emergency Ordinance no. 86/2006 on the organization of the activity of insolvency practitioners, published in the Official Gazette of Romania, Part I, no. 944 of 22 November 2006 *), approved with amendments and additions by Law no. 254/2007 , as amended and supplemented, shall be amended as follows: Note
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* *) Government Emergency Ordinance no. 86/2006 was republished in the OFFICIAL GAZETTE no. 724 724 of 13 October 2011.
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1. In Article 9, paragraph 5 shall read as follows: " (5) SPRL is the titular of a heritage of its own. The obligations and liability of SPRL are guaranteed with their own heritage SPRL associates respond personally to the social contribution of each. " 2. In Article 12, paragraph 1 shall read as follows: "" ART. 12 (1) The company contract of the professional company with limited liability is concluded in written form. If among the goods subscribed as a contribution to the share capital there is also a building, the company contract will be concluded in authentic form. "
+ Article 87 Law of cadastre and real estate advertising no. 7/1996 , republished *) in the Official Gazette of Romania, Part I, no. 201 of 3 March 2006, as amended and supplemented, shall be amended and supplemented as follows: Note
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* *) Law of cadastre and real estate advertising no. 7/1996 was republished in the OFFICIAL GAZETTE no. 83 of 7 February 2013 and subsequently in the OFFICIAL GAZETTE no. 720 720 of 24 September 2015.
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1. In Article 17, paragraph 1 shall be amended and shall read as follows: "" ART. 17 (1) The real estate publication based on the system of record of the general cadastre has as object the inscription in the land register of the legal acts and deeds relating to the buildings of the same administrative-territorial unit, for the purpose of transmission or the establishment of real estate rights or, as the case may be, of the opposability to third parties of these registrations. " 2. In Article 17, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "(1 ^ 1) Real estate advertising shall be carried out by the offices of cadastre and real estate advertising for the buildings located within their range." 3. Article 20 is amended and shall read as follows: "" ART. 20 (1) The entries in the land register are: intabulation, provisional registration and grading. (2) The cases, conditions and legal regime of these registrations are established by the Civil Code, and the procedure for registration in the land register, by this law. " 4. Articles 21 to 41 shall be repealed. 5. Article 42 is amended and shall read as follows: "" ART. 42 The owners of neighbouring buildings, in order to better exploit them, can ally them in a building, based on a cadastral documentation and the authentic act, drawn up under the law. " 6 articles 43 and 44 shall be repealed. 7. Article 47 (4) shall be repealed. 8. In Article 48 (1), point b) shall be amended and shall read as follows: "" b) shall contain exactly and completely the name or the name of the parties and shall mention the personal numerical code, the fiscal identification number, the tax registration code or the unique registration code, as the case may be, attributed to them; 9. Article 53 shall be repealed. 10. In Article 54, paragraph 1 shall be amended and shall read as follows: "" ART. 54 (1) The public notary that has drawn up an act to transmit, amend, constitute or extinguish a real estate right is obliged to ask, ex officio, to register in the land register. For this purpose, it will send the application for registration of that act, on the day of its preparation or at the latest the next day, at the territorial office in whose area the building is located. The exercise of this obligation will be made express mention in the act or, as the case may be, of the certificate of heir. The mention will be made if the property in the estate has opened land registry or cadastral documentation exists. When authenticating the acts by which it is transmitted, modified, constituted or extinguished a real estate right, the public notary will request a land book extract for authentication, which is valid for 10 working days from the date of registration of the application, or, where applicable, a certificate of tasks. ' 11. In Article 54, after paragraph (1), three new paragraphs are inserted, paragraphs 1 ^ 1 to 1 ^ 3, with the following contents: "" (1 ^ 1) During the period of validity of the land book extract for authentication, the registrar will not make any enrolment in the land registry, except for the one for which the extract was issued. (1 ^ 2) Applications submitted during the period of validity of land book extracts for authentication on the building for which they have been issued are solved, under the conditions of par. (1 ^ 1), after the expiry of the term of validity of the extract, in the order and with the procedure provided by law. (1 ^ 3) The release of a new land registry extract for authentication cannot be requested earlier than 5 working days after the expiry of the period of validity of the previously issued extract. " 12. In Article 55, after paragraph 8, a new paragraph (8 ^ 1) is inserted, with the following contents: " (8 ^ 1) The proposed acquirer of the property entered in the land register will be able to ask, pursuant to the original sign of the promise to contract concluded with the one entered in the land register, the registration of the legal mortgage on the property, for refund of the amount paid to it. In this case, the mortgage is registered within the period and conditions provided by the Civil Code for the notation of the promise to contract and radiate, ex officio, if the property is acquired by the promising purchaser or, within the forced sale, by a third party that is not being held liable by the debtor's obligations. " 13. In Article 55, after paragraph (9), eight new paragraphs are inserted, paragraphs 9 ^ 1-(9 ^ 8), with the following contents: " (9 ^ 1) The co-owner, apart from the cases provided in par. (8) and (9), will be able to request, pursuant to the original score of partition and certified copy of the request for a call under warranty, the registration of legal mortgage on the buildings that the other co-owners have acquired through the effect of the partition, for guarantee the claim resulting from the eviction. (9 ^ 2) Architects and entrepreneurs will be able to request, pursuant to the original proof of the contract concluded with the holder entered in the land register, the registration of a legal mortgage on the property that is the subject of the works To guarantee the price of these works. (9 ^ 3) In the cases provided in par. (9 ^ 1) and (9 ^ 2), the land registry registrar will approve the provisional registration of the legal mortgage for the amount shown in the partition document or in the contract provided in par. (9 ^ 2), and in absentia, for a maximum amount, shown in the application for registration. In the latter case, the holder entered in the land register will be able to request directly, through complaint, the competent court according to art. 50 50 para. (2 ^ 2) reducing the maximum amount. The justification for the provisional registration will be made according to art. 899 899 para. (2) of the Civil Code. (9 ^ 4) In the case provided in par. (9 ^ 2), it will be possible to ask for the deletion of provisional registration, according to art. 899 899 para. (3) of the Civil Code, only if 3 months have passed since the handover of the work (9 ^ 5) The transferee of a mortgage loan secured by a real estate mortgage will be able to ask in favour of enrolling the transfer of the mortgage in the land book, on the basis of the claim of assignment of the claim concluded in authentic form. In this case, the ceded debtor will be able to ask, within one month from the communication of the conclusion by which the registration of the real estate mortgage was agreed, to note the exceptions that he could have opposed to the transferor for causes prior to the notification or accepting the assignment of the mortgage claim and which it understands to oppose to the transferee. The registrar will approve in full or in part the deregistration of the real estate mortgage or the notation of the exceptions invoked by the failed debtor, pursuant to the final court decision by which the court ruled on the merits exceptions invoked by the failed debtor. (9 ^ 6) If the mortgage debt secured by a real estate mortgage was, in turn, mortgaged with a mortgage, given in the pledge or given in warranty in any other way, the debtor will be able to oppose the creditor guaranteed the exceptions it had against to the creditor or, if they are based on causes prior to the date of notification or acceptance of the mortgage claim. (9 ^ 7) If the mortgage registration includes the clause to the order or the bearer, mention will be made about it in registration. In this case, the right of real estate mortgage or mortgage right or pledge on mortgage claim will be acquired and will be opposable without enrolment in the land book, by the very constitution of securities, displacement, pledge or giving in warranty in any other way the title to the order or to the bearer. (9 ^ 8) If the assignment of the mortgage claim had not previously been notified or accepted under the conditions of the Civil Code, the communication of the conclusion of the consent of the application of the mortgage assignment or the conclusion of the guarantee on the claim mortgage will represent and notify the ceded creditor of the assignment of the mortgage claim. " 14. in Article 55, after paragraph 11, a new paragraph (12) is inserted, with the following contents: "(12) The assignment of the mortgage rank will be made under the conditions of the Civil Code." 15. Article 56 (3) shall be repealed. 16. In Article 58, paragraphs 1 and 2 shall be amended and shall read as follows: "" ART. 58 (1) Until the opening of new land books, under the conditions art. 58 ^ 1, in land book regions subject to Decree-Law no. 115/1938 for the unification of provisions relating to land books or, where applicable, Law no. 242/1947 for the transformation of the provisional land books of the Old Kingdom into land advertising books and Decree no. 2.142/1930 for the operation of the central funnel books for railways and canals, with the exception of areas covered by land property restitution laws, enrolments relating to buildings, contained in land books or, where applicable, land advertising books, will continue to be made in these books, in compliance with the provisions of the Civil Code and the present law. If these books do not exist, are unusable or are not in the archive of the National Agency for Cadastre and Real Estate Advertising, the legal provisions in force regarding the opening of a new land book are applicable. (2) Until the opening of new land books, under the conditions of art. 58 ^ 1, in the regions of transcriptions and real estate inscriptions, legal privileges and mortgages, seizure, pursuit of property, fruit and its income, setting in motion of criminal action, actions to defend real rights regarding the buildings not entered in the land register, as well as the legal acts and deeds regarding personal rights or other legal relations in relation to these buildings will continue to be transcribed or, as the case may be, inscribed in the old registers of real estate advertising, in compliance with the provisions of the Civil and this law. " 17. Article 69 (2) shall be repealed. 18. In Article 69, paragraph 3 shall be amended and shall read as follows: "" (3) Titulation of the tasks entered in the transcription registers-inscriptions that will require the opening of the land books for the buildings in question, under the conditions of this law, and the renewal of the tasks until December 31, 2016 will benefit from exemption from payment of tariffs. "
+ Article 88 The introductory part of Article II of Government Emergency Ordinance no. 64/2010 amending and supplementing Law of cadastre and real estate advertising no. 7/1996 , published in the Official Gazette of Romania, Part I, no. 451 of 2 July 2010, is amended and shall read as follows: "" ART. II. -By December 31, 2020, the reception of cadastral documentation and the opening of land books will be carried out according to the provisions Law no. 7/1996 , republished, with subsequent amendments and completions, with exemption from the payment of tariffs, ex officio or at the request: a) holders of real rights registered in the old registers of real estate advertising; b) holders of the actual rights entered in the open land books Decree-Law no. 115/1938 ; c) holders of real rights entered in the open land books on the basis of Law no. 242/1947 and a Decree no. 2.142/1930 .. " ---------- Art. II of Government Emergency Ordinance no. 64/2010 has been amended by section 45 45 of art. I of LAW no. 133 of 18 July 2012, published in the OFFICIAL GAZETTE no. 506 506 of 24 July 2012. + Article 89 Law no. 213/1998 on public property and its legal regime, published in the Official Gazette of Romania, Part I, no. 448 of 24 November 1998, as amended, shall be amended as follows: 1. The title will read as follows: " LEGE on public property " 2 articles 1, 2, 5, 7, 1 of Article 10 and Article 11 shall be repealed. 3. Article 12 (1) to (4) shall be repealed. 4. In Article 12, paragraph 5 shall read as follows: " (5) In disputes regarding the right of administration, the state is represented by the Ministry of Public Finance, and the administrative-territorial units by the county councils, by the General Council of Bucharest Municipality or by the councils Local, who give written mandate, in each case, to the president of the county council or He may designate another state official or a lawyer to represent him before the court. " 5. Paragraph 6 of Article 12 and Articles 13 and 17 shall be repealed. + Article 90 Letters c) and g) of paragraph (1) of Article 5 *) of the Law of gratitude to the heroes-martyrs and the fighters who contributed to the victory of the Romanian Revolution of December 1989, as well as to the persons who sacrificed their lives or had suffered as a result of the anti-communist labor revolt in Brasov in November 1987 No. 341/2004 , published in the Official Gazette of Romania, Part I, no. 654 of July 20, 2004, with subsequent amendments and completions, shall be amended and shall read as follows: "" ART. 5 (1) Persons referred to in art. 3 3 para. ((1) lit. b), as well as in art. 3 3 ^ 1 lit. b), which meet the conditions of this law also benefit from the following rights a) priority in providing a home from the available fund of social housing, in the locality of domicile, if they have not owned another dwelling until the date of award; b) the establishment of the rent at the minimum level provided by law for housing in the state housing fund; c) free provision of prostheses, orthotics and wheelchairs for invalids who have lost all or part of their work capacity, their full cost being borne by the Single National Health Insurance Fund and the budget State Secretariat; d) free access of children to nurseries and kindergartens subordinated to local governments, as well as free provision of school supplies; e) granting a state subsidy equal to 50% of the interest on a bank loan of up to 20,000 euros, contracted for the purchase or construction of a home in the home town, if they have not owned or owned a property housing, as well as the possibility of guaranteeing loans contracted with the allowance calculated according to the provisions of this law; f) free urban transport by public transport and, annually, 12 free railway trips, in first class, round trip, with all categories of passenger trains; annually-12 free round trips to the place of residence by the county, by public transport, for people who reside in rural areas. Within the 12 free trips can also travel the members of the holder's family. These gratuities also benefit the attendant of pensioners, persons with a degree of disability, the great mutilated or the person who, for medical reasons, needs a companion; g) free access to treatments and medicines in hospitals, polyclinics, treatment bases and units in spa resorts, belonging to the Ministry of Health, Ministry of National Defence and Ministry of Internal Affairs, expenditure to be incurred from the budgets of those Ministries and the Single National Health Insurance Fund; h) free access to all medicines, through the family doctor, their full cost being borne from the Single National Health Insurance Fund; i) assignment in the property, without payment, of the final place; j) exemption from the payment of taxes and fees for a dwelling and land related to it, for a hycomate or hydrated car (automatic gearbox) and mototricycle, owned or co-owned with the spouse, as well as the exemption from taxes on the registration of a single hycomate or hydrated car; the free assignment, in the property, of an autonomous means of transport corresponding to international standards for the large mutilated and the persons referred to in art. 3 3 para. ((1) lit. b) section 1, which have a degree of locomotor disability; k) purchase or rental with priority, without auction, from the state fund of a commercial space or corresponding service provision, with a useful area of up to 100 sqm, including in the indivision, or concession or rental with priority, without tender, of a land area of up to 100 sqm in the public domain for the construction of a commercial or service space; l) retirement 5 years before the standard age, provided by law; m) exemption from the payment of fees for public broadcasting and television services; n) attribution, within the limits of possibilities, in the property of 10,000 sqm of land in extravilan and 500 sqm of land in the intravilan-the latter for the dwelling destination, if it did not have or does not have in the property another housing space; o) the granting of a monthly allowance, added to the old-age pension, equivalent to a coefficient of 0.6, calculated on the basis of the multiplication coefficients applied on the average gross earnings used to substantiate the budget state social insurance and approved by the state social insurance budget law, related to the year for which the payment is made. (2) Rights granted under this law shall not be considered as income, shall not be taxed and shall not affect the granting of other rights. (3) The Secretariat of State, after analyzing the files of persons requesting the exchange of certificates, with the opinion of the Parliamentary Commission for the control of the application of the provisions of this Law, will issue the new type of pre-changed certificate a unique format, with security elements-the only document valid to benefit from the provisions of this law. (4) The files of persons requesting the exchange of certificates or the issuance of new certificates under the laws of gratitude must contain the documentation provided for in Government Decision no. 566/1996 for the approval of the Rules of Organization and Functioning of the Commission for Honoring and Supporting the Heroes of the Revolution of December 1989, as amended, for each category, as well as the updated opinion of a Legal revolutionaries constituted until 31 December 1992. The certificates issued under this law will be signed by the Secretary of State of the State Secretariat and by the chairman of the Parliamentary Committee. (5) The Secretariat of State, with the opinion of the Parliamentary Committee, shall make proposals to the President of Romania for (6) The issuance of certificates certifying the status of Fighter with Rol Determinant is made only if the files, which were the basis for the exchange of certificates contain the documentation certifying the fulfilment of the conditions provided by this law. (7) The Secretariat of State, after considering the requests and verifying the files of persons requesting the granting of the quality provided in art. 3 3 para. ((1) lit. b) section 3, will issue the certificate, with the opinion of the Parliamentary Committee, the only valid document to benefit from the provisions of this law. ---------- Art. 5 of the Law of gratitude to the heroes-martyrs and the fighters who contributed to the victory of the Romanian Revolution of December 1989, as well as to the people who sacrificed their lives or suffered as a result of the labor revolt Anticommuniste de la Brașov din november 1987 341/2004 341/2004 has been amended by section 10 10 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014.
+ Chapter VI Provisions on the fourth book "On inheritance and liberalities" of the Civil Code and on some laws + Section 1 Transitional and implementing provisions of the fourth book "On inheritance and liberalities" of the Civil Code + Article 91 Legacies opened before the entry into force of the Civil Code are subject to the law in force on the date of opening of the + Article 92 Art. 954 954 para. (3) and (4) of the Civil Code shall apply only to the notarial or judicial succession proceedings started after the entry into force of the Civil Code. + Article 93 Art. 958 and 959 of the Civil Code apply only to acts committed after the entry into force of the Civil Code. + Article 94 The value ceiling of movable tangible goods provided for in art. 1.011 1.011 para. (4) of the Civil Code will be updated periodically, by Government decision. + Article 95 The removal of the effects of non-dignity by authentic will or by an authentic notarial act is subject to registration in the notarial national register provided in art. 1.046 of the Civil Code. + Article 96 Art. 829 of the Civil Code of 1864 does not apply if the child was born after the entry into force of the Civil Code. + Article 97 The testamentary executions started before the date of entry into force of the Civil Code cannot last more than 2 years calculated from this date, with the possibility of extension under the conditions of art. 1.079 1.079 para. (3) of the Civil Code. + Article 98 In the case of legacies that open after the date of entry into force of the Civil Code, executors with or without sitting, instituted by testaments prior to this date, have the duties provided in art. 1.080 of the Civil Code, unless the duties were expressly limited by the testator. + Section 2 Amending and supplementing certain provisions of the fourth book "On inheritance and liberalities" of the Civil Code + Article 99 The fourth book "On the inheritance and liberalities" of the Civil Code is amended and supplemented as follows: 1. In Article 967, paragraph 1 is amended and shall read as follows: "(1) The person deprived of the ability to inherit, as well as the nedemic, even in life at the time of the opening of the inheritance, may be represented." 2. In Article 990, paragraph 4 is amended and shall read as follows: "(4) If the dispenser has died from the disease, the limitation period of the right to action for annulment flows from the date on which the heirs became aware of the existence of the liberality." 3. Article 993 is amended and shall read as follows: "" ART. 993 Notions ----------- The marginal name of art. 993 993 of section 3 3 of art. 99 99 has been amended by RECTIFICATION no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 489 489 of 8 July 2011. The provision by which a person, called in place, is responsible for administering the good or the goods which are the subject of liberality and to transmit them to a third party, called substituted, designated by the dispunator, shall only take effect if which is permitted by law. " 4. Article 994 is amended and shall read as follows: "" ART. 994 Fideicomisara substitution (1) A liberality may be encumbered by a task which consists of the obligation of the establishment, the donor or the legatee, to administer the goods which are the subject of liberality and to transmit them, upon his death, to the substitute designated by the dispunator. ((2) The institution shall apply the provisions of this Code relating to fiduciary accordingly. ((3) The capacities to dispose shall be assessed in relation to the dispunter and to receive, in relation to the institution and the substitute. " 5. In Article 996, paragraphs 2 and 3 shall be amended and shall read as follows: "" (2) The substitute acquires the goods which are the subject of liberality as an effect of the will of the dispunter ((3) The substitute may in turn be subject to the obligation of administration and transmission of goods. " 6. In Article 1.011, paragraph (4) is amended and shall read as follows: " (4) Mobile tangible goods with a value of up to 25,000 lei may be the subject of a manual gift, except as required by law. The manual gift shall be concluded valid by the agreement of will of the parties, accompanied by the tradition of the good. " 7. Article 1.020 is amended and shall read as follows: "" ART. 1.020 Causes of revocation The donation may be revoked for ingratitude and for the non-execution without justification of the tasks to which the donor was obliged. " 8. Article 1.046 is amended and shall read as follows: "" ART. 1.046 Registration of authentic will For the purpose of informing persons who justify the existence of a legitimate interest, the notary who authenticates the will has the obligation to register it, immediately, in the notarial national register held in electronic format, according to the law. Information on the existence of a will can be given only after the death of the testator. " ---------- Article 1.046 of point (a) 8 8 of art. 99 99 has been amended by RECTIFICATION no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 489 489 of 8 July 2011. 9. Article 1.049 is amended and shall read as follows: "" ART. 1.049 The will of stored amounts and values (1) The testamentary provisions regarding the amounts of money, values or securities submitted to specialized institutions are valid in compliance with the conditions of the form provided by the special laws applicable to these institutions. (2) The specialized institutions shall not be able to proceed to the surrender of the law having as object amounts of money, values or securities other than on the basis of the court decision or of the certificate of heir which finds the validity of the Testamentation and the quality of the legatee, the provisions relating to the report and the reduction (3) The credit institutions have the obligation, at the establishment by their customers of a testamentary provision, to communicate, immediately, its mention in the register provided for in art. 1.046 1.046. " 10. In Article 1.069, paragraph (1) is amended and shall read as follows: " (1) The judicial review of the law may be required in case of non-fulfilment, without justification, of the task put in place by the testator. The fortuitous failure of the task can only attract revocation if, according to the will of the testator, the effectiveness of the binding is conditional on the execution of 11. In Article 1.072, the marginal name is amended and shall read as follows: "Destination of goods constituting the object of a related ineffectiveness" 12. Article 1.073 is amended and shall read as follows: "" ART. 1.073 Legater-pregnancy regime Except as provided in art. 1.071 lit. f), the caducity or the judicial revocation of a tied up with a binding-task in favour of a third party does not attract the ineffectiveness of the latter linked. Heirs who benefit from the ineffectiveness of the law are obliged to execute the law-task. " 13. In Article 1.076, paragraph (2) is amended and shall read as follows: "(2) The limitation period of the right to action for annulment flows from the date on which the disinherited became aware of the testamentary provision by which they were removed from the inheritance, but not earlier than the date of the opening of the inheritance." 14. Article 1.089 is amended and shall read as follows: "" ART. 1.089 The notion of quotation available The quotation available is the part of the assets of the inheritance which is not reserved by law and which the deceased may have unhindered by liberalities. " 15. In Article 1.090, paragraph (1) is amended and shall read as follows: "(1) Unreportable liberalities made to the surviving spouse, who comes to the inheritance in the contest with other descendants than their common ones, may not exceed a quarter of the inheritance nor the part of the descendant who received the least." 16. In Article 1.091, paragraph (5) is amended and shall read as follows: " (5) The estate reserve and the available quotation shall be calculated according to the value established according to par. ((1). When establishing the reserve it is not taken into account those who have given up the inheritance, except those obliged to the report, according to art. 1.147 1.147 para. ((2). ' 17. In Article 1.097, paragraph (5) shall be amended and shall read as follows: " (5) If the donor is a successor obliged to the report, and the part subject to the reduction represents less than half of the value of the donated good, the reserve donor can keep the good, and the reduction necessary to complete the reserve of the others Reservation heirs will be made by making less or by money equivalent. " 18. Article 1.112 is amended and shall read as follows: "" ART. 1.112 Presumption of waiver (1) It is presumed, until proven otherwise, that he has given up the inheritance that, although he knew the opening of his inheritance and his quality of succession, as a result of his citation under the law, does not accept the inheritance within the term provided in art. 1.103 1.103. The citation must include, under the sanction of its nullity, in addition to the elements provided by the Code of Civil Procedure, and the stipulation that, if the successor does not exercise the right to accept the inheritance within the period provided for in art. 1.103, will be presumed to give up the inheritance. (2) The foregoing shall only operate if the subpoena has been communicated to the successor at least 30 days before the expiry of the term of option. " 19. In Article 1.114 (3), letter b) shall be amended and shall read as follows: "b) the right left by the linked has as its object a universality, such as a legacy collected by the testator and unichidated yet; in this case, the legatee responds for the passivation of that universality;". 20. in Article 1.117, after paragraph 5, a new paragraph (6) is inserted, with the following contents: "" (6) Anyone who considers himself injured by the inventory drawn up or by the conservation and administration measures taken by the public notary may complain to the competent court. " 21. In Article 1.120, paragraph 1 shall be amended and shall read as follows: " (1) The waiver of the inheritance shall not be presumed, except in the cases provided for in art. 1.112 1.112 and art. 1.113 1.113 para. ((2). ' 22. Article 1.125 is amended and shall read as follows: "" ART. 1.125 Notions ----------- The marginal name of art. 1.125 1.125 of section 22 22 of art. 99 99 has been amended by RECTIFICATION no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 489 489 of 8 July 2011. In addition to mastering the fact exerted on the estate of the estate, the season gives the heirs the seasons and the right to manage this patrimony and to exercise the rights and actions of the deceased. " 23. Article 1.126 is amended and shall read as follows: "" ART. 1.126 The heirs They are the heirs of the surviving spouse, the descendants and the privileged ascendants. " 24. In Article 1.127, paragraph (1) shall be amended and shall read as follows: "(1) Unbound legal heirs acquire the season only by issuing the certificate of heir, but with retroactive effect from the day of the opening of the inheritance." 25. In Article 1.133, paragraph (1) shall be amended and shall read as follows: " (1) The Certificate of Succession shall provide proof of the quality of the heir, legal or testamentary, as well as the proof of the right of property of the accepting heirs on the goods of the estate, in the share that is due to each 26. Article 1.136 is amended and shall read as follows: "" ART. 1.136 Provisional administration of inheritance assets (1) While the inheritance has not been accepted or if the successor is not known, the competent public notary may appoint a special curator of the inheritance, for the protection of the rights of the heir possible, having the rights and duties of administration referred to in art. 1.117 1.117 para. ((3)-(5). (2) In the cases provided in par. ((1), actions against inheritance shall be directed against a special curator, appointed by the competent public notary, at the request of the complainant. (3) If there are indications that the inheritance is to be declared vacant, the competent public notary also includes the organ that represents the commune, the city or, as the case may be, the municipality. " 27. In Article 1.152, the marginal name and paragraph 1 shall be amended and shall read as follows: "" ART. 1.152 Ways of achieving the report ((1) The report shall be carried out in the framework of the partition, by good agreement or by court. " 28. Article 1.152 (3) shall be repealed. + Section 3 Amendment and completion of special laws + Article 100 Government Emergency Ordinance no. 99/2006 on credit institutions and capital adequacy, published in the Official Gazette of Romania, Part I, no. 1.027 of 27 December 2006, approved with amendments and additions by Law no. 227/2007 , with subsequent amendments and completions, shall be completed as follows: 1.In Article 113 (2), after letter f), a new letter, letter g) is inserted, with the following contents: "g) at the request of the notary, within the notarial succession procedure." 2. After Article 117, a new article is inserted, Article 117 ^ 1, with the following contents: "" ART. 117 117 ^ 1 For the application of art. 1.049 of the Civil Code, the necessary form conditions for the validity of the testamentary provisions on the amounts of money, the values or securities submitted by the clients of the credit institutions will be established by order of the Minister of Justice, after consulting the National Bank of Romania. " + Article 101 Law of public notaries and notarial activity no. 36/1995 * *), published in the Official Gazette of Romania, Part I, no. 92 of 16 May 1995, as amended and supplemented, shall be amended and supplemented as follows: Note
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*) Law of public notaries and notarial activity no. 36/199 was republished in the OFFICIAL GAZETTE no. 72 of 4 February 2013 and subsequently in the OFFICIAL GAZETTE no. 444 444 of 18 June 2014.
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1. In Article 68, paragraph 1 is amended and shall read as follows: "The notary succession procedure opens at the request of any interested person, as well as the secretary of the local council of the locality within whose radius the deceased's assets were at the date of opening of the inheritance." 2. Article 68 (2) shall be repealed. 3. Articles 71 to 74 shall be repealed. 4. In Article 75, after paragraph 1, a new paragraph 1 shall be inserted, paragraph 1 ^ 1, with the following contents: " The citation must include, under the sanction of its nullity, in addition to the elements provided by the Code of Civil Procedure, and the stipulation that, if the successor does not exercise the right to accept within the period provided for in art. 1.103 of the Civil Code, will be presumed to give up the inheritance. " 5. In Article 78 (1), point a) is amended and shall read as follows: " a) it has been one year since the opening of the inheritance and, although they were legally cited, the succeeds have not presented themselves or abandoned the succession procedure, without seeking the issuance of the certificate of heir, and there is proof that at least one of them has accepted the inheritance; ".
+ Chapter VII Provisions on the 5th book "On obligations" of the Civil Code and on some laws + Section 1 Transitional and Implementing Provisions of the Fifth Book "On Obligations" of the Civil Code + Article 102 ((1) The contract is subject to the provisions of the law in force on the date when it was concluded in respect of the conclusion, interpretation, effects, execution and termination. (2) The modification of the contract is made in compliance with all the conditions provided by the law in force at the As regards the elements not subject to the amendment, the provisions of paragraph 1 shall apply ((1). + Article 103 Obligations arising from non-contractual legal acts are subject to the provisions of the law in force at the time of production or, where appropriate, their commission. + Article 104 (1) The constitution, content and opposability of the real security rights shall be subject to the provisions of the law in force at the date of birth of the guaranteed claim or, as the case may be, at the time of conclusion of the contract by ---------- Alin. ((1) of art. 104 104 has been modified by the subsection. 12 12 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. (2) The advertising forums for opposability to third parties of the actual warranty rights shall be subject to the provisions of the law in force at the time of their performance. (3) Real security rights shall keep their priority status acquired according to the law in force at the time of implementation of the advertising formalities. (4) Provisions Head. VI of Title VI of Law no. 99/1999 on certain measures to accelerate economic reform, as amended, remain applicable in the case of the execution of real securities constituted under the same law. ---------- Alin. ((4) of art. 104 104 was introduced by the subsection. 13 13 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. + Article 105 Art. 1.182 1.182 para. (2) and (3) of the Civil Code are not applicable to contracts whose negotiation began before the entry into force of the Civil Code. + Article 106 Art. 1.186 1.186 para. ((1) and of art. 1.193 1.193 para. (2) of the Civil Code are not applicable to contracts where the offer to contract was sent before the entry into force of the Civil Code. + Article 106 ^ 1 The liability provided by art. 1.258 of the Civil Code can be employed only within the limit of unrepaired damage by cancelling or finding the nullity of the contract that was ordered by final court decision. The employment of this liability does not remove the employment of liability and other persons, under the law. ---------- Art. 106 ^ 1 was introduced by the subsection. 14 14 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. + Article 107 Art. 1.271 of the Civil Code regarding the imprevision applies only to contracts concluded after the entry into force of the Civil Code. + Article 108 Art. 1.274 of the Civil Code regarding the transfer of risks in translative property contracts shall apply only to contracts concluded after the entry into force of the Civil Code. + Article 109 Art. 1.289-1.294 of the Civil Code applies only if the secret contract is concluded after the entry into force of the Civil Code. + Article 110 Art. 1.330-1.340 of the Civil Code are not applicable to business management started before the date of its entry into force. + Article 110 ^ 1 The exemption clause provided for in art. 1.363 of the Civil Code regarding the disclosure of the commercial or professional secrecy of which the professionals are held shall apply both in the case of tort liability for their own deed and in the case of contractual liability. ----------- Art. 110 ^ 1 was introduced by the subsection. 15 15 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. + Article 110 ^ 2 Art. 1.415 of the Civil Code are applicable whenever, according to the law or contract, the debtor or, as the case may be, the holder of a right or faculties must execute an obligation or performance, accept or exercise a right or a faculty or, where appropriate, adhere to a contract, although neither the law nor the contract provide for a term for that purpose. ----------- Art. 110 ^ 2 was introduced by the subsection. 15 15 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. + Article 111 Art. 1.420 of the Civil Code are also applicable in the case of contracts concluded before the date of entry into force of the Civil Code, if the day when the event should have been carried out is later that date. + Article 112 Art. 1.492 1.492 para. ((2) and art. 1.493 of the Civil Code shall also apply if the obligation was born before the date of entry into force of it, if the payment is subsequently taken place. + Article 113 The imputation of the payment is subject to 1.506-1.509 of the Civil Code if the payment is made after the date of entry into force of it, regardless of the date of birth + Article 114 Art. 1.521-1.526 of the Civil Code regarding the late payment of the debtor are applicable in the case of obligations born after the date of its entry into force. ----------- Article 114 has been amended by the subsection. 16 16 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. + Article 115 The criminal clause agreed after the entry into force of the Civil Code produces the effects provided for by it, regardless of the date of birth of the + Article 116 Art. 1.558-1.565 of the Civil Code also applies to creditors whose claims were born before the date of its entry into force, if the maturity is located after this date. + Article 117 (1) The claim transmitted by assignment or subrogation, intervening after the date of entry into force of the Civil Code, shall keep its regime established by the rules in force on the date of birth of the claim. (2) The obligation transmitted by the debt collection shall keep its regime established by the rules in force at the date of birth of the obligation + Article 118 The non-contractual obligations born before the entry into force of the Civil Code are subject to the extinguishing modes provided by it. + Article 118 ^ 1 (1) In the case of restitution of reciprocal benefits, ordered under the law or of a contract, if the good market fortuitously and has not been insured, and the debtor of the obligation of restitution was of good faith or the obligation of restitution does not originate at its fault, the obligation to refund is extinguished according to art. 1.642 of the Civil Code, in which case the creditor is also free of his own obligation of restitution, but only if he was of good faith or the cause of the restitution is not attributable to him. (2) If the good shown in par. (1) has perished only in part, the creditor has the right to reduce his own performance to the limit of what he receives. ----------- Art. 118 ^ 1 was introduced by the subsection. 17 17 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. + Article 119 Advertising formalities necessary for the opposability of the property reserve according to art. 1.684 of the Civil Code also applies to sales contracts with the reserve of property concluded before the entry into force of the Civil Code, if the property's reserve had not become opposable according to the previous law. + Article 120 Art. 1.690 1.690 para. ((2) and (3) and art. 1.691 of the Civil Code shall also apply to contracts concluded before the date of its entry into force, if the takeover of the property takes place after this date. + Article 121 Art. 1.710, 1,711, art. 1.712 1.712 para. ((2) and art. 1.713 of the Civil Code also applies in cases where hidden defects were discovered after the date of entry into force of the Civil Code. + Article 122 Art. 1.717 of the Civil Code shall also apply to contracts concluded before the date of entry into force of the Civil Code, if the behavior of the buyer who causes the defect intervenes after this date. + Article 123 (1) From the date of entry into force of the Civil Code, the provisions on the right of pre-emption contained in the special laws in force on this date shall be completed with the provisions of art. 1.730-1.740 of the Civil Code. (2) For the right of pre-emption created by convention, the provisions of art. 1.730-1.740 of the Civil Code applies only if the convention was concluded after the entry into force of the Civil Code. (3) The right of pre-emption provided in par. ((1) and (2) shall be subject to the provisions of 1.730-1.740 of the Civil Code only on sales contracts concluded after the entry into force of the Civil Code. + Article 123 ^ 1 For the application of art. 1.746 of the Civil Code, only neighbors who are forest fund owners benefit from the right of pre-emption. ----------- Article 123 ^ 1 was introduced by the sub-item. 18 18 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. + Article 124 For the disposals of contentious rights concluded before the entry into force of the Civil Code, the provisions of art. 1.402-1.404 of the Civil Code of 1864. + Article 125 Unless the law provides otherwise, the provisions of art. 1.734 of the Civil Code also applies to pre-emptive rights arising from contracts concluded before the entry into force of the Civil Code. + Article 126 The report shall be subject to the law in force on the date of its conclusion by remission of the securities to the + Article 127 The formalities for the transfer of securities or securities shall be fulfilled according to the law in force at the date of transfer, regardless of the law governing the report contract. + Article 128 Art. 1.807 of the Civil Code are applicable to sub-lease contracts concluded after the date of entry into force of the Civil Code, even in cases where the lease agreement has previously concluded this date. + Article 129 Art. 1.810 of the Civil Code are applicable in the case of all tenancy contracts whose term is fulfilled after the date of entry into force of the Civil Code. + Article 130 If the formalities of opposability were not met with respect to an ongoing lease agreement on the date of entry into force of the Civil Code and the property given in the lease is estranged after that date, the lease agreement is opposable to the acquirer only if the formalities provided for in art. 1.811 of the Civil Code. + Article 131 Art. 1.823 of the Civil Code also applies to the pending contracts on the date of entry into force of the Civil Code, if the added or autonomous works were carried out after this date. + Article 132 The right of preference of the tenant provided in art. 1.828 of the Civil Code applies to any rental contract concluded in connection with the same dwelling or part of it: a) after no more than 3 months after the termination of the lease, if its duration was more than one year; b) no later than one month after the termination of the tenancy agreement, if the duration of the lease was greater than one month; c) after no more than 3 days after the termination of the lease, if its duration was less than one month. + Article 133 The tenant and the persons who live together with him cannot rely on the provisions of art. 1.831 and 1,832 of the Civil Code to oppose the forced eviction based on the provisions of art. 1.809 1.809 para. ((2) or para. (3) or those of art. 1.816 1.816 para. (3) of the Civil Code. + Article 134 Art. 1.834 of the Civil Code also applies to contracts being executed on the date of entry into force of the Civil Code. + Article 135 (1) In the cases provided in art. 1.841-1.843 of the Civil Code, if the conclusion of the insurance contract for the risk of fortuitous destruction of the harvest was mandatory according to the law or the lease contract, the insurance allowance is divided between the tenant and the tenant, proportional to their bearing on the risk of fortuitous destruction of the harvest. (2) In the case of non-contracting of insurance according to the law or the lease agreement, the party obliged to contract the insurance shall respond to the other party for the damage thus caused. + Article 136 In application of art. 1.845 of the Civil Code, if the contract does not provide for the deadlines and the ways to pay the rent, the forced execution of the obligation is made within the deadlines and modalities provided by the applicable legislation. + Article 137 In application of art. 1.885 1.885 para. (1) of the Civil Code, the stipulation of the formation of the company "for unlimited duration" signifies "for indefinite duration", regardless of the date of establishment. + Article 138 Companies governed by special laws continue to be subject to them. + Article 139 (1) Civil societies established under the Civil Code of 1864 can be transformed into any of the forms of society covered by the Civil Code or other laws, in compliance with the conditions laid down by them. The acts committed by them prior to the entry into force of the Civil Code shall remain subject to the law in force at the time (2) The liability of the associates, both between them and the third parties, for the acts and acts committed prior to the transformation shall remain subject to the law in force on the date of their conclusion or commission. + Article 140 The provisions of the international acts ratified by Romania in the field of transport prevail over the provisions of the + Article 141 The liability of the carrier and the consignor is governed by the law in force at the time of occurrence of the event which caused the damage, even if it was known to the passenger, sender or recipient, as the case may be, subsequent to the the Civil Code. + Article 142 The mandate contracts concluded before the entry into force of the Civil Code, for which the parties have not provided a deadline, remain subject to the law in force on the date of their conclusion. + Article 143 Art. 2.094 of the Civil Code applies only to agency contracts concluded or whose term has been extended after the date of entry into force of the Civil Code. + Article 143 ^ 1 Art. 2.010 2.010 para. (3) of the Civil Code shall also apply to the establishment of the remuneration of the intermediary, according to art. 2.097 of the Civil Code, or the remuneration of the depositary, according to art. 2.106 of the Civil Code. ----------- Art. 143 ^ 1 was introduced by the subsection. 19 19 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. + Article 144 The effects of the current bank account contract concluded before the date of entry into force of the Civil Code and which ended indefinitely are governed by the law in force at the time of their production. + Article 145 The effects of the credit facility contract concluded before the date of entry into force of the Civil Code and which ended indefinitely are governed by the law in force at the time of their production. + Article 146 The insurance contract shall be subject to the law in force on the date of conclusion of the insurance policy, the insurance certificate or the cover note, as the case may be. + Article 147 Art. 2.250 of the Civil Code also applies to the annuity contracts concluded before the date of entry into force of the Civil Code, in case of non-fulfilment of the obligation to pay the rent rates due after this date. + Article 148 Art. 2.252 2.252 para. (2) of the Civil Code does not prevent the application in the case of the contract of annuity of art. 1.271 of the Civil Code regarding the circumstances occurred during the execution of the contract, which are not determined by the duration of the person's life until the death of which the annuity was constituted. + Article 149 (1) The fulfilment of a patrimonial obligation may be guaranteed by the debtor or by a third party by setting up a personal guarantee or a real security. (2) The obligations may also be guaranteed by certain privileges, provided by law. + Article 150 (1) The letters of guarantee issued before the date of entry into force of the Civil Code shall be subject, as regards the conditions of validity and the effects, to the rules applicable at the date of their issuance. (2) The royal will be subject to the law applicable to the main obligation. + Article 151 (1) Provisions art. 2.324 2.324 para. (4) of the Civil Code applies in all cases where the professional operates its division of heritage, but only on the rights and obligations born after the entry into force of the Civil Code. ---------- Alin. ((1) of art. 151 151 has been modified by the subsection. 20 20 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. (2) Creditors referred to in art. 2.324 2.324 para. (4) of the Civil Code also include the state and tax authorities. + Article 152 (1) Provisions art. 2.326 2.326 para. (1) of the Civil Code shall apply in cases where creditors pass to the forced execution of their claims by capitalizing on the debtor's noticeable assets. (2) Provisions art. 2.326 2.326 para. (2) of the Civil Code shall apply if several creditors holding mortgages or privileges with respect to the same good of the debtor proceed to the forced execution of their claims by capitalizing on that good. + Article 153 The preference given to the state and administrative-territorial units for their claims will not be opposable to third parties before the time at which it was made public by registering in the advertising registers. Such a preference will acquire priority rank from the time to which preference was made public. + Article 154 (1) The obligation to record the amounts provided in art. 2.331 of the Civil Code lies with the person obliged to pay them (2) When making the payment of the amounts mentioned in par. ((1), the payer shall specify the financial institution to which he opened the account that the amounts paid are affected by a task and that the account holder cannot dispose of them without the consent of the creditors. ((3) In the case of omission of compliance with the procedure of opening the account and providing the necessary instructions to the financial institution to which the account is opened, the payer will answer for the damage caused to the creditors. + Article 155 (1) The constitution, content and opposability of the privilege shall be subject to the provisions of the law in force when they were born. (2) The advertising formalities for opposability to third parties of the privileges shall be governed by the provisions of the law in force at the time of their performance. (3) The privileges for which the advertising formalities were carried out before the entry into force of the Civil Code shall retain the rank of priority acquired according to the law in force at the time of their realization. + Article 156 Art. 2.335 of the Civil Code does not apply to mortgage lenders whose mortgage was previously perfected to the registration of privilege. + Article 157 Art. 2.342 of the Civil Code applies only to special privileges. + Article 158 In the case of the guarantee assignment concluded for the purpose of the guarantee, the provisions on the execution of Title XI of the Fifth Book of the Civil Code concern only the execution of the rights of the transferee with regard to the transfer of the transferred claim, and not the rights the transferee to the failed debtor. + Article 159 If several goods that join through the access are subject to several mortgages, the holder of any of the mortgages may claim the separation of the goods under the terms of art. 600 of the Civil Code. + Article 160 (1) In the case of mortgage on a universality of goods, when a good leaves the universality, it is no longer encumbered by the mortgage. (2) Provisions art. 1.562-1.565 of the Civil Code remain applicable. + Article 161 In the exercise of its right of pursuit, the mortgage lender will have to take into account the privileged securities regulated by art. 2.425 and 2,426 of the Civil Code, even if they were constituted or registered after the registration of his mortgage. + Article 160 ^ 1 Until the entry into force of the Law no. 134/2010 on the Code of Civil Procedure, the reference in art. 2.383 of the Civil Code to "noting the commencement of forced pursuit" will be understood as being made at the "notation of the payment notice". ------------ Art. 160 ^ 1 was introduced by the subsection. 21 21 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. + Article 162 The responsibility of the one who acquires a good mortgage under the conditions of 2.361 of the Civil Code concerns only mortgage debts that encumbered the good in question. + Article 163 If the mortgage is constituted by a third party, it will have the rights and obligations of a mortgage debtor, without being subject to the legal regime of personal guarantees. + Article 164 (1) The mortgage may be constituted in favour of the creditor of the mortgage obligation or of a third party designated by him. (2) When the transferee of the securities is a third party, he will exercise the rights of the mortgage lender and be held by its obligations. (3) The conventional furnishing mortgage may be constituted in favour of a single beneficiary or several beneficiaries simultaneously. (4) When there are several beneficiaries of the same securities mortgage, they will receive the same rank, either by the simultaneous registration of the securities in the advertising books or by the appointment of an agent. (5) The agent will be able to exercise all the rights of the mortgage lenders who have designated him. He will be able to alone ensure the issuance of the securities and the maintenance or modification of its registration. (6) The agent will respond to the beneficiaries of the securities for the acts undertaken. + Article 165 (1) If the mortgage borrower contracts a new debt to the mortgage lender, the mortgage constituted for the old debt can be maintained by the mortgage lender to guarantee the new debt. (2) The maintained mortgage will acquire the rank given by the time of registration of the maintenance claim. (3) Provisions art. 2.372 of the Civil Code are not applicable to the maintenance of the mortgage. + Article 166 (1) If the mortgaged property has been destroyed, damaged or its value has been diminished in such a way that it has become inferior to the value of the mortgage, the mortgage lender may not ask the debtor to constitute a new mortgage for guarantee the same obligation (2) By exception to the provisions of par. (1), if, at the fault of the debtor, the mortgaged property was destroyed, damaged or its value was diminished in such a way that it became inferior to the value of the mortgage claim, the mortgage creditor may ask the debtor to constitute a new mortgage to guarantee the same obligation, if the property was not insured. + Article 167 Acts of provision on the mortgage, concluded under the conditions of art. 2.393 of the Civil Code, are cancellable at the request of the mortgage lender only when the products of the mortgage property cannot be traced by the mortgage lender with the same rank as the original mortgage. However, the mortgage lender cannot obtain the cancellation of these acts if it has expressly or tacitly approved them. ----------- Article 167 has been amended by the subsection. 22 22 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. + Article 168 The real estate mortgages constituted before the date of entry into force of the Civil Code are subject, as regards the validity conditions, to the legal provisions existing at the date of their establishment. + Article 169 By "real estate mortgages" within the meaning of Title XI of the Fifth Book of the Civil Code all real estate guarantees shall be designated, regardless of the time and legal basis of their constitution. + Article 170 The securities made up before the date of entry into force of the Civil Code will be subject, as regards the conditions of validity, to the legal provisions existing at the date of their establishment. + Article 171 Securities " within the meaning of Title XI of the Fifth Book of the Civil Code shall be designated all real securities which do not require the depot of the debtor of the property affected by the guarantee, regardless of the time and legal basis of the establishment Their. + Article 172 In case of alienation of the mortgage, under the conditions of art. 2.393 of the Civil Code, in the absence of contrary provision in the mortgage contract, the mortgage debtor will deposit the price into a separate bank account and inform the mortgage lender about it. The mortgage lender has the right to request information from the depositor bank on the transactions made by the mortgage debtor on the amounts deposited in this account. + Article 173 In application of art. 2.396 2.396 para. (3) of the Civil Code, if the existence of the new guarantee is affected by the existing mortgage, the mortgage lender must express its agreement on the establishment of the new guarantee. + Article 174 The debt portfolio represents a universality of claims within the meaning of art. 2.398 of the Civil Code. + Article 175 For opposability, the mortgage of a receivable secured with real estate mortgage is registered in the Electronic Archive of Real Securities and is noted in the land book, according to the provisions of art. 902 902 para. ((2) 15 of the Civil Code. + Article 176 Art. 2.410 2.410 para. ((2) lit. c) of the Civil Code also applies in cases in which the mortgage creditor becomes a member of the account. + Article 177 (1) The guarantee opinions registered in the Electronic Archive of Real Securities before the entry into force of the Civil Code continue to produce its effects. (2) After the entry into force of the Civil Code and until the adoption of the regulations for the organization and functioning of the Electronic Archive of Real Securities, the registration of securities and their assimilated operations shall be carried out by use of existing forms, properly. + Article 178 Art. 2.426 of the Civil Code does not apply to mortgages constituted before the date of entry into force of the Civil Code. + Article 178 ^ 1 For the purposes of art 2.428 2.428 para. ((2) lit. f) of the Civil Code, the mortgage will radiate from the land book and based on a written statement of the mortgage lender. If several creditors are the beneficiaries of a mortgage with respect to the good in question, the deregistration declaration will not affect the rights of the other mortgage lenders. The radiation declaration can be made in the form of a notarial authentic inscription. ---------- Art. 178 ^ 1 was introduced by the subsection. 23 23 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. + Article 179 For the purposes of art. 2.440 2.440 para. (2) of the Civil Code, the mere invocation of the possibility of forced execution and the effects of non-fulfilment of the obligation do not constitute coerc + Article 180 Proof of the right to take over the good in the sense 2.441 2.441 para. (1) of the Civil Code is made with the presentation of a copy of the mortgage contract completed under the law and a copy of the mortgage opinion issued by the archive under the law. + Article 181 At any time after the debtor's failure to fulfill the mortgage obligation and without having to try before entering into possession by his own means, the creditor may appeal to the procedure of forced takeover of the good regulated by art. 2.442 of the Civil Code. + Article 181 ^ 1 (1) Incuviation of the execution of the securities by the sale of the mortgage property provided in art. 2.445 of the Civil Code is the jurisdiction of the judge in whose constituency he has his domicile or, as the case may be, the seat of the creditor ---------- Alin. ((1) of art. 181 ^ 1 has been modified by art. IV of EMERGENCY ORDINANCE no. 1 1 of 3 February 2016 , published in MONITORUL OFFICIAL no. 85 85 of 4 February 2016. (2) The opposition to execution provided for in art. 2.452 of the Civil Code is the jurisdiction of the court that approved the sale of the mortgaged movable property. ---------- Alin. ((2) of art. 181 ^ 1 has been modified by art. IV of EMERGENCY ORDINANCE no. 1 1 of 3 February 2016 , published in MONITORUL OFFICIAL no. 85 85 of 4 February 2016. (3) The appointment of the administrator of the mortgage movable property provided for in art. 2.468 and 2,469 of the Civil Code, as well as the opposition to the takeover of the movable property for administration are of the jurisdiction of the court in whose territorial constituency is domiciled or, as the case may be, the seat of the creditor. ----------- Article 181 ^ 1 was introduced by the sub-item. 24 24 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. + Article 182 For the purposes of art 2.451 lit. c) of the Civil Code, the notification of the sale will specify the capital of the mortgage claim and will mention, generically, that the accessories are added to it. + Article 183 Within the reasonable expenses made by the creditor with the assumption of the mortgage, the compensation that he owes according to art. 2.437 2.437 para. ((2) and art. 2.443 2.443 para. (3) of the Civil Code. + Article 184 If the creditor has taken over the mortgage in the account of the claim, the mortgage claim is extinguished and the creditor can no longer exercise any personal action nor pursue the debtor, even if the value of the good taken does not cover The whole mortgage debt. + Article 185 Art. 2.465 of the Civil Code applies only in situations in which the mortgage creditor has not exercised his rights conferred by art. 2.400-2.405 of the Civil Code. + Article 186 pledge " within the meaning of Title XI of the Fifth Book of the Civil Code shall be designated all real securities that require the depot of the debtor of the property affected by the guarantee, regardless of the time and legal basis of their establishment. + Article 187 (1) The pledge constituted before the date of entry into force of the Civil Code shall be subject, as regards the conditions of validity, to the legal provisions existing at the date of its establishment. (2) The pledge for which the formalities of dispossession or registration were fulfilled before the date of entry into force of the Civil Code and for which the condition of the dispossession was not lost until the date of entry into force of the Civil Code is subject, as regards the order of preference, opposability and effects to third parties, the legal provisions existing at the date of the debtor's dispossession or the date of registration of the pledge. (3) The forced execution of the pledge started before the date of entry into force of the Civil Code will be continued in accordance with the existing legal provisions at the start date of execution. + Article 188 For the purposes of art. 2.482 2.482 para. (2) of the Civil Code, the holding can also be carried out through the sole or common control of a cassette of values in which the amounts of money are stored. + Article 189 (1) The retention rights exercised before the date of entry into force of the Civil Code will be subject, as regards the validity conditions, to the legal provisions existing on the date of their exercise. (2) The retention rights registered before the date of entry into force of the Civil Code will be subject, as regards the order of preference, the opposability and effects to third parties, to the legal provisions existing at the date of their registration. + Section 2 Amending and supplementing certain provisions of the 5th book "On obligations" of the Civil Code + Article 190 The 5th book "On obligations" of the Civil Code is amended and supplemented as follows: 1. Article 1.166 is amended and shall read as follows: "" ART. 1.166 Notions ----------- The marginal name of art. 1.166 1.166 of section 1 1 of art. 190 190 has been amended by RECTIFICATION no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 489 489 of 8 July 2011. The contract is the agreement of will between two or more persons with the intention of constituting, modifying or extinguishing a legal report. " 2. In Article 1.174, paragraph (4) shall be amended and shall read as follows: "" (4) The contract is real when, for its validity, it is necessary to remit the good. " 3. Article 1.178 is amended and shall read as follows: "" ART. 1.178 Freedom form The contract shall be concluded by the simple agreement of the parties, if the law does not impose a certain formality for its conclusion. " 4. In Article 1.179 (1), points 2 to 4 shall be amended and shall read as follows: ". consent of the parties; 3. a determined and lawful object; 4. a high school and moral cause. " 5. In Article 1.193, paragraph 2 shall be amended and shall read as follows: "" (2) Revocation of the offer does not prevent the conclusion of the contract unless it reaches the recipient before the bidder receives the acceptance or, as the case may be, before the act or the fact that, according to the 1.186 1.186 para. ((2) determine the conclusion of the contract. " 6. Article 1.202 is amended and shall read as follows: "" ART. 1.202 Standard clauses (1) Subject to art. 1.203, the provisions of this section shall apply accordingly and where standard clauses are used at the conclusion of the contract. (2) It is standard clauses stipulations established in advance by one of the parties to be used generally and repeatedly and which are included in the contract without having been negotiated with the other party. (3) Negotiated clauses prevail over standard clauses. (4) When both parties use standard clauses and do not reach an agreement on them, the contract shall nevertheless be concluded on the basis of agreed clauses and any common standard clauses in their substance, unless one of the following is concluded. parties shall notify the other party, either prior to the time of the conclusion of the contract or thereafter and immediately, that it does not intend to be held by such a contract. 7. Article 1.213 is amended and shall read as follows: "" ART. 1.213 Contract adaptation (1) If a party is entitled to invoke the cancellation of the contract for error, but the other party declares that it wishes to execute or execute the contract as it had been understood by the party entitled to invoke the cancellation, the contract shall be believes that it was concluded as the latter part understood it. (2) In this case, after being informed of the way in which the party entitled to invoke the annulability understood the contract and before it had obtained the cancellation, the other party must, within no more than 3 months from the date when it was notified, or from the date on which the request for appeal has been received, to declare that it agrees with the execution or to execute without delay the contract, as understood by the party in error. (3) If the declaration has been made and communicated to the party under error within the period provided in par. (2) or the contract has been executed, the right to obtain the cancellation is extinguished and the notification provided in par. ((2) is considered to be free of effects. " 8. In Article 1.214, paragraph 3 shall be amended and shall read as follows: "(3) The contract is also cancellable when the dollar comes from the representative, the prepus or the gerant of the other party's business." 9. Article 1.217 is amended and shall read as follows: "" ART. 1.217 The threat of a right It constitutes violence and fear instilled by the threat of the exercise of a right made in order to obtain unfair advantages. " 10. In Article 1.222, paragraph 3 shall be amended and shall read as follows: " (3) In all cases, the court may maintain the contract if the other party offers, fairly, a reduction of its own claim or, as the case may be, an increase of its own obligation. Art. 1.213 relating to the adaptation of the contract shall apply accordingly. '; 11. Article 1.223 is amended and shall read as follows: "" ART. 1.223 Limitation period ((1) The right to action for annulment or reduction of the obligations for the lesion shall be prescribed within one year from the date of conclusion of the contract ((. The anullability of the contract may not be opposed by exception when the right to action is prescribed. " 12. In Article 1.238, paragraph 1 shall be amended and shall read as follows: "" (1) The lack of cause attracts the cancellation of the contract, unless the contract has been misqualified and may produce other legal effects. " 13. Article 1.246 is amended and shall read as follows: "" ART. 1.246 Invalidity (1) Any contract concluded in violation of the conditions required by law for its valid conclusion shall be subject to nullity, if no other sanction is provided by law. ((2) Nulity may be absolute or relative. (3) Unless otherwise provided by law, the nullity of the contract may be found or declared by the agreement of the parties. (4) The agreement of the parties cannot be instituted nor suppressed cases of nullity. Any convention or the contrary clause shall be deemed unwritten. ' 14. Article 1.254 is amended and shall read as follows: "" ART. 1.254 Abolition of the contract and subsequent acts (1) The contract struck by absolute nullity or annulled shall be deemed never to have been concluded. (2) The abolition of the contract attracts, under the law, the abolition of the subsequent acts concluded on its basis. (3) If the contract is abolished, each party must return to the other, in kind or by equivalent, the benefits received, according to the provisions of art. 1.639-1.647 1.639-1.647, even if they were successively executed or had a continuous character. " 15. In Article 1.263, paragraph (4) is amended and shall read as follows: " (4) Provisions of para. ((3) shall also apply in the case of acts concluded without the authorization of the guardianship court. " 16. Article 1.264 is amended and shall read as follows: "" ART. 1.264 Contents of the confirmatory act In order to be valid, the confirmatory act must include the object, cause and nature of the obligation and make mention of the reason for the action for annulment, as well as of the intention to repair the vice on which that action is based. " 17. Article 1.270 (3) shall be repealed. 18. Article 1.271 is amended and shall read as follows: "" ART. 1.271 Unpredictability (1) The parties are held to perform their obligations, even if their execution has become more onerous, either due to the increase in the costs of the execution of their own obligation or due to the decrease in the value (2) However, if the performance of the contract has become excessively onerous due to an exceptional change in circumstances that would make it manifestly unfair to oblige the debtor to carry out the obligation, the court may order: a) adaptation of the contract, in order to distribute fairly between the parties the losses and the benefits resulting from the change of circumstances; b) the termination of the contract, at the time and under the conditions it establishes. ((3) Provisions of para. ((2) are applicable only if: a) change of circumstances occurred after the conclusion of the contract; b) the change of circumstances, as well as the extent thereof were not and could not be considered by the debtor, reasonably, at the time of the conclusion of the contract; c) the debtor did not take the risk of changing circumstances and could not reasonably be considered to have taken that risk; d) the debtor has tried, within a reasonable time and in good faith, to negotiate the reasonable and fair adaptation of the contract. " 19. In Article 1.272, the marginal name and paragraph 1 shall be amended and shall read as follows: "" ART. 1.272 Contract content (1) The valid contract concluded obliges not only to what is expressly stipulated, but also to all the consequences that the practices steadfastened between the parties, the usages, the law or the equity give the contract, according to its nature. " 20. In Article 1.275, paragraphs 1 and 3 shall be amended and shall read as follows: " (1) If one has successively transmitted to several persons the property of a tangible movable property, the one who has acquired in good faith the effective possession of the good is the holder of the right, even if his title has the later date. ........................................................................... (3) If none of the acquirer has obtained the actual possession of the body movable property and the claim of each of the surrender of the good is chargeable, it will be preferred the one who first referred the matter to the court. " 21. In Article 1.282, paragraph 2 shall be amended and shall read as follows: "(2) The rights, as well as, in the cases provided by law, the contractual obligations in close connection with a good shall be transmitted, with it, to the successors by private title of the parties." 22. Article 1.290 is amended and shall read as follows: "" ART. 1.290 Effects on third parties (1) The secret contract may not be invoked by the parties, by their universal successors, by way of universal title or by private title, nor by the creditors of the apparent alienator against third parties who, in good faith on the contract Publicly, they acquired rights from the apparent acquirer. ((2) Third parties may invoke against the parties the existence of the secret contract, when it damages their rights. " 23. Article 1.291 is amended and shall read as follows: "" ART. 1.291 Relations with creditors (1) The existence of the secret contract cannot be opposed by the parties to the creditors of the acquirer apparently who, in good faith, have noted the commencement of forced pursuit in the land book or obtained seizure of the goods that were the subject of the simulation. (2) If there is a conflict between the creditors of the apparent alienator and the creditors of the apparent acquirer, the former shall be preferred, if their claim is prior to the secret contract. " 24. In Article 1.304, paragraph 1 shall be amended and shall read as follows: " (1) The contract concluded by the representative itself, in his own name, is cancellable only at the request of the representative, unless the representative was expressly empowered to do so or the contents of the contract were determined in such a way as to exclude the possibility of a conflict of interest. " 25. In Article 1.308, paragraph 2 shall be amended and shall read as follows: "(2) The representative may not retain this document as a guarantee of his claims on the representative, but may request a copy of the document, certified to be represented, with the mention that the power of representation has ceased." 26. Article 1.310 is amended and shall read as follows: "" ART. 1.310 Representative's liability The one who concludes a contract as a representative, having no power of attorney or exceeding the limits of the powers entrusted to him, is responsible for the damage caused to the contracting third party who trusted, in good faith, in the conclusion valid of the contract. " 27. In Article 1.318, paragraph (2) is amended and shall read as follows: " (2) If it has declared that it does not release the transferor, the ceded contractor may proceed against it when the transferee fails to execute its obligations. In this case, the ceded contractor must, under penalty of loss of the right of regression against the transferor, notify him of the non-performance of the obligations by the transferee, within 15 days from the date of non-execution or, as the case may be, from the date on which he known non-execution. " 28. Article 1.319 is amended and shall read as follows: "" ART. 1.319 Exceptions of the failed contractor The failed contractor can oppose the transferee all the exceptions resulting from the contract. The failed contractor, however, cannot rely on the divestment of the vices of consent, as well as any defences or exceptions born from its relations with the transferor unless he reserved that right when he consented to the substitution. " 29. In Article 1.338, paragraph 2 is amended and shall read as follows: "" (2) The one who ignores the proprietor's resistance is liable for the damage caused even from the easiest fault. " 30. In Article 1.342, paragraph 1 is amended and shall read as follows: "(1) The refund may not be ordered when, as a result of the payment, the one who received it in good faith has left to fulfill the limitation period or was absent, in any way, by his title of claim or waived the guarantees of the claim." 31. Article 1.345 is amended and shall read as follows: "" ART. 1.345 Conditions The one who, unimputably, has unjustly enriched himself to the detriment of another is obliged to restitution, to the extent of the patrimonial loss suffered by the other person, but without being held beyond the limit of his own enrichment. " 32. Article 1.347 is amended and shall read as follows: "" ART. 1.347 Conditions and extent of the refund ((1) The refund is not due unless the enrichment subsists on the date of referral to the court. (2) The one who has been enriched is obliged to refund, under the conditions provided in art. 1.639 1.639 and the following. ----------- Alin. ((2) of art. 1.347 1.347 of section 32 32 of art. 190 190 has been amended by RECTIFICATION no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 489 489 of 8 July 2011 33. Article 1.352 is amended and shall read as follows: "" ART. 1.352 Act of the victim or third party The act of the victim itself and the deed of the third remove liability even if they do not have the characteristics of force majeure, but only those of the fortuitous case, but only in cases where, according to the law or convention of the parties, the fortuit case is liability. " 34. Article 1.353 is amended and shall read as follows: "" ART. 1.353 Rights exercise The one who causes injury by the very exercise of his rights shall not be obliged to repair it, unless the right is exercised abusively. " 35. In Article 1.357, paragraph 1 is amended and shall read as follows: "" (1) He who causes an injury to another through an unlawful act, committed with guilt, is obliged to repair it. " 36. Article 1.358 is amended and shall read as follows: "" ART. 1.358 Particular criteria for the appreciation of guilt In order to assess the guilt, account will be taken of the circumstances in which the damage occurred, foreign to the person of the act, as well as, if any, the fact that the damage was caused by a professional in the operation of an enterprise. " 37. In Article 1.371, the marginal name is amended and shall read as follows: " Common guilt. Plurality of causes " 38. In Article 1.372, paragraph 3 is amended and shall read as follows: " (3) The one obliged to supervision shall be exempt from liability only if he proves that he could not prevent the injurious act. In the case of parents or, as the case may be, guardians, the proof is considered to be made only if they prove that the child's act constitutes the result of a cause other than the way in which they have fulfilled their duties by arising from the fatherly. " 39. Article 1.377 is amended and shall read as follows: "" ART. 1.377 Notion of security Within the meaning of art. 1.375 and 1.376, has the security of the animal or the worker's work or the one who, pursuant to a legal provision or a contract or even only in fact, independently exercises control and supervision of the animal or the work and is serves it in its own interest. " 40. Article 1.378 is amended and shall read as follows: "" ART. 1.378 Liability for the ruin of the building The owner of an edifice or a construction of any kind is obliged to repair the damage caused by their ruin or by detaching parts of them, if this is the result of the lack of maintenance or a building vice. " 41. Article 1.380 is amended and shall read as follows: "" ART. 1.380 Cases of exoneration In the cases provided in art. 1.375, 1.376, 1.378 and 1.379 there is no obligation to repair the damage, when it is caused exclusively by the act of the victim himself or a third party or is the result of a case of force majeure. " 42. In Article 1.385, paragraph (4) is amended and shall read as follows: " (4) If the wrongful act also caused the loss of the chance to gain an advantage or to avoid a damage, the repair will be proportional to the likelihood of obtaining the advantage or, as the case may be, avoiding the damage, taking into account the circumstances and the situation concrete of the victim. " 43. In Article 1.408, paragraph 2 is amended and shall read as follows: " (2) The obligation affected by the condition may take over, the provisions of art. 1.599-1.608 1.599-1.608 applying properly. " 44. In Article 1.417, paragraph 2 shall be amended and shall read as follows: " (2) For the purposes of paragraph (1), the state of insolvency results from the inferiority of the patrimonial asset that may be subject, according to the law, to forced execution, compared to the total amount of chargeable debts. If by law it is not provided otherwise, this state is found by the court, which, for this purpose, can take into account certain circumstances, such as the impending disappearance of the debtor, the non-payment of debts become due, the triggering against him a forced execution procedure and the like. " 45. Article 1.421 is amended and shall read as follows: "" ART. 1.421 Categories Obligations may be divisible or indivisible. " 46. Article 1.422 is amended and shall read as follows: "" ART. 1.422 Divisible obligation (1) The obligation is divisible among several debtors when they are obliged to the creditor at the same performance, but each of them may not be constrained to the execution of the obligation only separately and within the limit of his portion of the debt. ((. The obligation shall be divisible among several creditors where each of them is unable to request from the common debtor other than the performance of his part of the claim. " 47. Article 1.423 is amended and shall read as follows: "" ART. 1.423 Presumption of equality If by law or by contract it is not ordered otherwise, the debtors of a divisible obligation are held against the creditor in equal parts. This rule applies similarly to creditors as well. " 48. Article 1.424 is amended and shall read as follows: "" ART. 1.424 Presumption of divisibility. Exceptions The obligation shall be divisible by full law, unless the indivisibility has been expressly stipulated or the object of the obligation is not, by its nature, susceptible to material or intellectual division. " 49. In Article 1.425, paragraph 2 shall be amended and shall read as follows: "(2) Each of the debtors or their heirs may be constrained separately to the execution of the entire obligation and, respectively, each of the creditors or their heirs may require full execution." 50. In Article 1.431, paragraph 2 shall be amended and shall read as follows: " (2) Novatia, the remission of duty, the compensation or the confusion consented or operating towards a creditor shall not extinguish the obligation only for the part of its claim. Compared to other creditors, the debtor remains obliged for everything. " 51. In Article 1.432, paragraphs 1 and 4 shall be amended and shall read as follows: " (1) Novatia, remission of duty, compensation or confusion consented or operating in respect of a debtor extinguishes the indivisible obligation and liberates the other debtors, but they remain liable to pay the former equivalent their parts. ........................................................................... ((4) The late payment of one of the debtors, by right or at the request of the creditor, shall not take effect against the other debtors. " 52. Article 1.448 (3) shall be repealed. 53. In Article 1.464, paragraph (2) is amended and shall read as follows: " (2) If, in the same case, both benefits become impossible to execute, and the impossibility of one of the benefits is caused by the debtor's fault, he is held to pay the amount of the benefit that became the last impossible to executed. " 54. In Article 1.468, paragraph 2 shall be amended and shall read as follows: "(2) The debtor is free if, without his fault, the main performance becomes impossible to execute." 55. In Article 1.482, paragraph 1 is amended and shall read as follows: "(1) The debtor of a determined individual good shall be released by teaching him at the time of birth of the obligation." 56. In Article 1.483, paragraph 1 is amended and shall read as follows: "(1) The obligation to displace the property also involves the obligations to teach work and preserve it until surrender." 57. Article 1.493 is amended and shall read as follows: "" ART. 1.493 Assignment of claim in place of execution (1) When, instead of the initial performance, a claim is ceded, the obligation shall be extinguished at the time of satisfaction of the given claim. Art. 1.568-1.584 1.568-1.584 are properly applicable. (2) If, according to the agreement of the parties, the obligation in the place of which the debtor cedes his own claim shall be extinguished from the date of the assignment, 1.586 1.586 are applicable accordingly, unless the creditor prefers to claim the original performance. " 58. In Article 1.494, paragraph 2 shall be amended and shall read as follows: " (2) The part that, after the conclusion of the contract, changes its domicile or, as the case may be, the determined headquarters, ((1), as a place of payment shall bear the additional costs that this change causes. " 59. Article 1.515 is amended and shall read as follows: "" ART. 1.515 Withdrawal of the good recorded The debtor has the right to withdraw the good recorded while the creditor has not declared that he accepts the record or it has not been validated by the court. The claim is reborn with all the guarantees and all its other accessories from the moment of withdrawal of the good. " 60. In Article 1.522, paragraph (4) is amended and shall read as follows: " (4) Until the expiry of the term provided in par. (3), the creditor may suspend the execution of his own obligation, may ask for damages, but he cannot exercise the other rights provided in art. 1.516, if by law it is not provided otherwise. The creditor may exercise these rights if the debtor informs him that he will not execute the obligations within the prescribed period or if, at the expiry of the term, the obligation has not been executed. " 61. In Article 1.523, paragraph 3 is amended and shall read as follows: " (3) In the cases provided in par. ((1) and (2), if the obligation becomes due after the death of the debtor, his heirs shall not be delayed until 15 days after the date on which the creditor has notified them or, as the case may be, from the date of notification of the designated curator in Art. 1.136 1.136. " 62. Article 1.524 is amended and shall read as follows: "" ART. 1.524 Execution bid The debtor is not late if he offered, when appropriate, the performance due, even without respecting the formalities provided in art. 1.510-1.515 1.510-1.515, but the creditor refused, without legitimate basis, to receive it. " 63. Article 1.530 is amended and shall read as follows: "" ART. 1.530 Right to damages The creditor is entitled to damages for the compensation of the damage which the debtor has caused and which is the direct and necessary consequence of non-execution without justification or, where appropriate, culpable of the obligation. " 64. In Article 1.531, paragraph (2) is amended and shall read as follows: " (2) The damage includes the loss actually suffered by the creditor and the benefit of which he is deprived. In determining the extent of the damage, account shall also be taken of the expenses that the creditor has made, within a reasonable limit, to avoid or limit the damage. " 65. In Article 1.532, paragraph (2) is amended and shall read as follows: "(2) The damage that would be caused by the loss of a chance to gain an advantage can be repaired in proportion to the likelihood of obtaining the advantage, taking into account the circumstances and the concrete situation of the creditor." 66. In Article 1.534, paragraph 2 is amended and shall read as follows: "" (2) The debtor does not owe compensation for the damages that the creditor could have avoided with a minimum due diligence. " 67. In Article 1.535, paragraph 3 is amended and shall read as follows: "(3) If higher moratoriums than legal interest are not due, the creditor shall be entitled, outside the legal interest, to damages for the full repair of the damage suffered." 68. In Article 1.544, paragraphs 2 and 3 shall be amended and shall read as follows: " (2) If the party that gave the arvuna does not execute the obligation without justification, the other party may declare the termination of the contract, retaining the arvuna. When the non-execution comes from the receiving party, the other party may declare the termination of the contract and ask for its double. (3) The creditor of the non-executed obligation may, however, opt for execution or for the termination of the contract and repair of the damage according to 69. Article 1,547 is amended and shall read as follows: "" ART. 1.547 Debtor's guilt The debtor is wanted to repair the damage caused with intent or at fault. " 70. In Article 1,549, paragraph (2) is amended and shall read as follows: "" (2) The resolution may take place for a part of the contract, only when its execution is divisible. Also, in the case of the plurilateral contract, failure by one of the parties to the obligation does not attract the termination of the contract to the other parties, unless the non-executed performance had to be, under the circumstances, to be considered essential. " 71. Article 1.550 is amended and shall read as follows: "" ART. 1.550 Operation Mode ((. The resolution may be ordered by the court, upon request, or, as the case may be, may be declared unilaterally by the entitled party. (2) Also, in the specific cases provided by law or if the parties have thus agreed, the resolution can operate full-right. " 72. In Article 1.552, paragraph 3 is amended and shall read as follows: "(3) In all cases, the declaration of termination or termination shall be entered in the land register or, as the case may be, in other public registers, in order to be opposable to third parties." 73. In Article 1,552, after paragraph 3, a new paragraph (4) is inserted, with the following contents: " (4) The declaration of resolution is irrevocable from the date of its communication to the debtor or, as the case may be, from the expiry date of the term provided in par. ((1). ' 74. Article 1,557 is amended and shall read as follows: "" ART. 1.557 Failure to execute (1) When the impossibility of execution is total and final and concerns an important contractual obligation, the contract is abolished by full right and without any notification, even from the time of the fortuit event. Art. 1.274 1.274 para. ((2) are applicable accordingly. (2) If the impossibility of executing the obligation is temporary, the creditor may suspend the execution of his own obligations or obtain the abolition of the contract In the latter case, the rules in the matter of resolution shall be duly applicable. ' 75. In Article 1.566 (2), letter b) is amended and shall read as follows: "" b) the transfer of securities and other financial instruments, except for the provisions of Section 2 of this Chapter. '; 76. In Article 1.578 (1), letter b) shall be amended and shall read as follows: "" b) receive a written communication of the assignment, on paper or in electronic form, showing the identity of the transferee, reasonably identify the receivable claim and the debtor is required to pay the transferee. In the case of a partial assignment, the extent of the assignment must be indicated. " 77. In Article 1.603, paragraph (2) is amended and shall read as follows: "(2) The new debtor may not object to the creditor the means of defence based on the legal relationship between the new debtor and the original debtor, even if this report was the determining reason for the takeover." 78. In Article 1.611, paragraph 2 is amended and shall read as follows: "(2) In the case of novation by changing the debtor, the mortgages related to the original claim do not subsist on the assets of the original debtor without the latter's consent, nor shall it be placed on the goods of the new debtor without his consent." 79. Article 1.612 is amended and shall read as follows: "" ART. 1.612 Means of Defence When the novation takes place by changing the debtor, the new debtor cannot oppose the creditor the means of defense that he had against the original debtor nor those that the latter had against the creditor, except the situation in which, in the latter case, the debtor may invoke the absolute nullity of the act from which the original obligation was born. ' 80. Article 1.633 is amended and shall read as follows: "" ART. 1.633 Fideiusion (1) The debt remission made to the principal debtor shall be released on the sheets, as well as on any other person held for him. (2) The remission of the debt granted in favour of the fideiusor does not liberate the principal debtor. (3) If the remission of the debt is agreed with one of the fideiusori, the others remain obliged to guarantee for everything, with the inclusion of the part guaranteed by him, only if they have expressly consented to his exoneration. (4) The prestation the creditor received from a fideiusor to exempt him from the obligation of guarantee shall be imputed to the debt, taking advantage, in the proportion of the amount of that benefit, both to the principal debtor and to the other fideiusori. " 81. In Article 1.635, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "(3) The refund obligation shall benefit from the guarantees constituted for the payment of the original obligation." 82. In Article 1.640, paragraph 1 is amended and shall read as follows: "(1) If the refund cannot take place in kind because of impossibility or serious impediment, or if the refund concerns the provision of services already carried out, the refund shall be made by equivalent." 83. Article 1.641 is amended and shall read as follows: "" ART. 1.641 The destruction or disposal of the good In the case of total destruction or disposal of the property subject to the refund, the debtor of the restitution obligation is kept to pay the value of the property, considered either at the time of its receipt or at that of loss or disposal, depending on the lower of these values. If the debtor is of bad faith or the obligation of restitution comes from his fault, then the refund is made according to the highest value. " 84. Article 1.642 is amended and shall read as follows: "" ART. 1.642 The fortuitous doom of the good If the good subject to the refund has perished fortuit, the debtor of the obligation of restitution shall be free of this obligation, but he must cede to the creditor, as the case may be, either the allowance received for this destruction, or, when he has not yet received it, the right to receive this allowance. If the debtor is of bad faith or the obligation of restitution comes from his fault, he is not released from the refund unless he proves that the good would have perished and if, at the time of the destruction, he had already been handed over to the creditor. " 85. In Article 1.643, the marginal name and paragraph 1 shall be amended and shall read as follows: "" ART. 1.643 Partial loss (1) If the property subject to the refund has suffered a partial loss, such as a deterioration or other decrease in value, the one obliged to the refund shall be kept from urging the creditor, unless the loss results from normal use of the property or a circumstance not attributable to the debtor. ' 86. Article 1.645 is amended and shall read as follows: "" ART. 1.645 Return of fruit and value of good use (1) If it was of good faith, the one obliged to the refund acquires the fruits produced by the good subject to the refund and bears the expenses incurred with their production. He does not owe any allowance for the use of the good, unless this use was the main object of the performance and the case in which the good was, by its nature, subject to a rapid depreciation. (2) When the one obliged to the refund was bad faith or when the cause of the refund is attributable to him, he is kept, after compensating for the expenses incurred with their production, to refund the fruits he acquired or could have acquire and exhort the creditor for use that the good could procure. " 87. In Article 1.647, paragraph 1 is amended and shall read as follows: " (1) The person who does not have full exercise capacity is not held to the refund of benefits except within the limit of the use made, appreciated at the date of the request for restitution. The burden of proof of this enrichment incumba to the one who requests the refund. " 88. Article 1.649 is amended and shall read as follows: "" ART. 1.649 Situation of other legal acts Outside the provisions of the provision provided for in art. 1.648, all other legal acts made in favour of a third party of good faith are opposable to the true owner or to the one who is entitled to the refund. Contracts with successive execution, subject to compliance with the advertising formalities provided by law, will continue to produce effects for the duration stipulated by the parties, but not more than one year from the date of abolition of the title of the constituent. " 89. In Article 1.654 (1), the introductory part and letter a) shall be amended and shall read as follows: " (1) They are incapable of buying, directly or through interposed persons, even by public auction: a) the trustees, for the goods they are assigned to sell; the exception provided for in art. 1.304 1.304 para. ((1) shall remain applicable; '. 90. In Article 1.669, paragraph 1 is amended and shall read as follows: " (1) When one of the parties that concluded a bilateral sale promise refuses, unjustifiably, to conclude the promised contract, the other party may request the delivery of a decision to hold the contract, if all other conditions of validity are fulfilled. " 91. Article 1.678 is amended and shall read as follows: "" ART. 1.678 Sale of gender goods When the sale has as object gender goods, including goods from a limited genre, the property transfers to the buyer at the time of their individualization by teaching, counting, weighing, measuring or by any other way agreed or imposed by nature of the good. " 92. In Article 1.690, paragraph 3 is amended and shall read as follows: " (3) If the verification finds the existence of apparent defects, the buyer must inform the seller about them without delay. In the absence of information, it is considered that the seller has executed the obligation provided in ((1). ' 93. In Article 1.707, paragraph 2 shall be amended and shall read as follows: "(2) It is hidden that vice which, at the time of teaching, could not be discovered, without expert assistance, by a prudent and diligent buyer." 94. In Article 1.709, paragraph 1 is amended and shall read as follows: " (1) The buyer who discovered the hidden defects of the work is obliged to inform the seller within a reasonable period, established according to the circumstances, under the penalty of forfeiture of the right to ask for the measure provided for in art. 1.710 1.710 para. ((1) lit. d). " 95. In Article 1.709, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: " (1 ^ 1) If the buyer is professional, and the good sold is corporal mobile, the term provided in par. ((1) shall be two working days. " 96. In Article 1.718, paragraph (1) is amended and shall read as follows: " (1) Under the penalty of forfeiture of the right of guarantee, the buyer must communicate the defect before the warranty period is fulfilled. If this communication could not be made within the warranty period, for objective reasons, the buyer has the obligation to communicate the defect within a reasonable period from the expiry date of the warranty term. " 97. In Article 1.725, the marginal name is amended and shall read as follows: "Putting right into delay" 98. In Article 1.726, the marginal name and paragraph 3 shall be amended and shall read as follows: " Direct execution .................................................................... (3) If the sale has as object fungible goods subject to a current price in the meaning of para. (2), and the contract was not executed at fault of the seller, the buyer has the right to buy goods of the same kind at the seller's expense, through an authorized person. " 99. In Article 1.727, paragraph 2 is amended and shall read as follows: " (2) In the case provided in par. ((1), if the refund action was not introduced under the conditions established by him, the seller can no longer oppose the other creditors of the buyer the effects of the subsequent termination of the contract for the non-payment of the price. Art. 1.648 1.648 or art. 1.649, as applicable, remain applicable. ' 100. In Article 1.728, the marginal name is amended and shall read as follows: "Putting right into delay" 101. In Article 1.730, paragraph 3 is amended and shall read as follows: " (3) The holder of the right of pre-emption who rejected an offer for sale can no longer exercise this right with regard to the contract that was proposed to him. The offer shall be considered rejected if it has not been accepted no later than 10 days, in the case of the sale of movable property, or of no more than 30 days, in the case of the sale of immovable property. In both cases, the term flows from communicating the offer to the preemptor. " 102. Article 1.754 is amended and shall read as follows: "" ART. 1.754 Other forms of estrangement of inheritance The provisions of this Section shall also apply to other forms of estrangement, whether for consideration or free of charge, of an inheritance. As regards estrangements free of charge, the provisions on donations shall also apply. " 103. In Article 1.762, paragraph 1 is amended and shall read as follows: "(1) If the difference between the price of redemption and the price paid for sale exceeds the maximum level established by the law for interest, the price of redemption will be reduced to the price paid for sale." 104. Article 1.772 is amended and shall read as follows: "" ART. 1.772 Notions ------------ The marginal name of art. 1.772 1.772 of section 104 104 of art. 190 190 has been amended by RECTIFICATION no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 489 489 of 8 July 2011. (1) The report shall be the one by which the reporter buys from the carry-over with immediate payment of securities and securities circulating in trade and undertakes, at the same time, to reveal to the reporter securities or securities of the same species, at a certain maturity, in exchange for a determined amount. ((2) The report shall be concluded by remission of securities or securities, and if they are nominative, by carrying out the necessary formalities for their transmission. " 105. In Article 1.778, paragraph 3 is amended and shall read as follows: " (3) The location of the premises for exercising the activity of a professional is subject to the provisions of this section, as well as to 1.824 1.824 and 1,828-1,831. " 106. Article 1.783 is amended and shall read as follows: "" ART. 1.783 Maximum duration of the location The locations cannot end for a period of more than 49 years. If the parties stipulate a longer term, it shall be reduced by right to 49 years. " 107. In Article 1.784, paragraph 2 is amended and shall read as follows: " (2) They are also applicable, by analogy, and the provisions of art. 1.653 1.653, including when there is dispute over the ownership of the property to be the subject of the establishment. " 108. In Article 1.785, letter a) is amended and shall read as follows: "" a) for one year, in the case of unfurnished dwellings or premises for the pursuit of the activity of a professional; ". 109. In Article 1.788, paragraph 3 is amended and shall read as follows: " (3) If, after the conclusion of the contract, the need for repairs that are in charge of the lessor arises, and the latter, although incunostintat, does not begin to take the necessary measures immediately, the repairs can be made by the lessee. In this case, the lessor is obliged to pay, in addition to the amounts advanced by the lessee, interest counted from the date of the expenses. " 110. In Article 1.790, paragraph 2 is amended and shall read as follows: " (2) The locator does not respond for the vices that were apparent at the time of the conclusion of the contract and which the lessee did not complain under the conditions of art. 1.690 1.690 para. ((3). The lessor may be liable for damages for damages which the apparent vices cause to the life, health or bodily integrity of the lessee. " 111. In Article 1.795, the marginal name is amended and shall read as follows: "Placing the locator in process" 112. Article 1.798 is amended and will read as follows: "" ART. 1.798 Enforceability The tenancy contracts concluded by registered under the private signature that were registered with the tax authorities, as well as those concluded in authentic form constitute enforceable securities for the payment of the rent within the deadlines and in the established modalities in the contract or, in their absence, by law. " 113. In Article 1.812, paragraph 1 is amended and shall read as follows: "(1) If the parties so agree, the place shall cease in the case of the disposal of the property given on the premises." 114. In Article 1.813, paragraph 2 is amended and shall read as follows: "(2) The original locator shall remain liable for the damage caused to the lessee prior to the disposal." 115. Article 1.815 is amended and shall read as follows: "" ART. 1.815 Divestment and early payment of rent The prepayment of the rent or the assignment of the rent claim cannot be opposed to the acquirer unless they have been met, before the estrangement becomes opposable to the lessee, the advertising formalities by signing up to the archive or, as the case may be, in the land book, depending on the object of the location, or whether the prepayment or the assignment was known by the acquirer in another way. " 116. Article 1.817 is amended and shall read as follows: "" ART. 1.817 Termination of the establishment When, without justification, one of the parties to the tenancy contract does not execute its obligations arising from this contract, the other party has the right to terminate the location, with damages, if applicable, according to the law. " 117. In Article 1.823, paragraph 4 is repealed. 118. In Article 1.830, paragraph 1 is amended and shall read as follows: "" (1) If, without justification, one of the parties to the lease does not execute its obligations arising from this contract, the other party shall be entitled to the termination of the contract. " 119. Article 1.834 is amended and shall read as follows: "" ART. 1.834 Death of tenant (1) The lease of the home shall cease within 30 days from the date of registration of the tenant's death. (2) The descendants and ascendants of the tenant are entitled, within the period provided in par. ((1), to opt for the continuation of the lease until the expiry of its duration, if they are mentioned in the contract and if they have lived together with the tenant. Art. 323 323 para. ((3) are applicable to the surviving spouse. (3) Persons referred to in par. (2), who have requested the continuation of the contract, jointly designate the person or persons who sign the lease instead of the deceased tenant. If they do not reach an agreement within 30 days from the date of registration of the tenant's death, the appointment shall be made by the lessor. (4) The sublease consented by the tenant shall cease at the expiry of the term provided in (1), if the location does not continue under the conditions of para. ((2). In this last case, the person designated according to par. (3) sign the sublease contract instead of the deceased tenant. " 120. Article 1.872 is amended and shall read as follows: "" ART. 1.872 Termination or termination of the contract attributable to the contractor The beneficiary shall have the right to terminate or, as the case may be, the termination of the contract in cases where, without justification: a) compliance with the agreed deadline for the reception of the work became manifestly b) the work or service is not executed in the agreed manner and within a deadline set by the beneficiary according to the circumstances, the entrepreneur does not remedy the deficiencies found and does not change for the future the execution of the work or service; c) no other obligations to the entrepreneur according to the law or under the contract are executed. " 121. Article 1.873 is amended and shall read as follows: "" ART. 1.873 Termination or termination of the contract attributable to the beneficiary If the contractor cannot start or continue the performance of the contract due to the non-fulfilment without justification by the beneficiary of his own obligations, the entrepreneur is entitled to obtain the resolution or termination of the contract, with damages, if any. ' 122. Article 1.875 is amended and shall read as follows: "" ART. 1.875 Obligations of the beneficiary (1) The beneficiary is obliged to allow the entrepreneur, in so far as it is necessary for the execution of the work, the use of access routes, of his own water supply facilities and other utilities serving the building. (2) The beneficiary is obliged to obtain all the permits required by law for the execution of the work. In order to execute this obligation, the contractor must cooperate with the beneficiary, providing him with the necessary information that he or she should hold in consideration of his specialisation. " 123. In Article 1,879, paragraphs 1 to 3 are amended and shall read as follows: " (1) The terms of guarantee against the defects of the work are those established by the special law. (2) The architect or engineer is cleared of liability for the vices of the work only if it proves that they do not result from deficiencies in the expertise or plans he has provided and, if applicable, of any lack of diligence in the coordination or supervision of works. (3) The contractor shall be exempt from liability only if it proves that the vices result from deficiencies in the expertise or plans of the architect or engineer chosen by the beneficiary. The sub-contractor shall not be exonerated unless it proves that the vices arise from the decisions of the contractor or the plans of the architect or the engineer. " 124. In Article 1.920, paragraph 2 is amended and shall read as follows: " (2) The personal creditor of an associate, in so far as he has not been able to meet from his own assets, will be able to ask, as the case may be, to return or to separate and to assign to the debtor or the part that is due to him from the goods joint of the associates, with the proper application of the provisions of art. 1.929 1.929. " 125. In Article 1.921, paragraph 2 is amended and shall read as follows: " (2) The company will not respond to the third party thus misled unless it has given sufficient reason to consider the alleged associate as an associate or if, knowing the workings of the alleged associate, it does not take reasonable measures. to prevent the misleading of the third party. " 126. Article 1.922 is amended and shall read as follows: "" ART. 1.922 Liability of occult associates Occult associates respond to good faith third parties like other associates. " 127. Article 1.925 is amended and shall read as follows: "" ART. 1.925 General cases The loss of the quality of the associate takes place by the divestment of the parties in the company, their forced execution, death, the termination of the legal personality, the bankruptcy, the court prohibition, the withdrawal and exclusion from the 128. Article 1.933 is amended and shall read as follows: "" ART. 1.933 Invalidity regime ((1) Nulity shall be covered and shall not be ascertained or declared where the cause of invalidity has been removed before any conclusions are made in substance before the court of law. (2) The court, seised with a request for a declaration or declaration of invalidity, is obliged to put in the discussion of the parties the possibility to remedy the cases of invalidity affecting the company contract and to fix a useful term for the coverage nullity, even if the parties resist. ((3) The right to action, with the exception of invalidity for the illicit object of the company, shall be prescribed within 3 years from the date of conclusion of the contract. " 129. In Article 1.934, paragraph 1 is amended and shall read as follows: "" (1) In the case of the company's cancellation for the vitiation of the consent or the inability of an associate and when the regularization is possible, any interested person may delay the one who is entitled to invoke the nullity, either to make the regularisation or to exercise the action for annulment within 6 months of being put in delay, under penalty of forfeiture. The company will also be notified about the delay. " 130. In Article 1.946, paragraph 1 is amended and shall read as follows: " (1) After the payment of social debts, the remaining asset is intended to reimburse the contributions subscribed and paid by the associates, and the possible surplus constitutes net profit, which will be distributed among the associates in proportion to each of the benefits, unless otherwise provided by the company contract or by decision of the associates, and with the application, if applicable, of the provisions of art. 1.912 1.912 para. ((1). ' 131. In Article 1.954, the marginal name is amended and shall read as follows: "" Form and conditions of association " 132. In Article 1.958, paragraph 1 is amended and shall read as follows: "(1) The provisions of this Chapter shall apply to all modes of transport, in so far as no special law is otherwise ordered or established practices between parties or plants." 133. Article 1.967 is amended and shall read as follows: "" ART. 1.967 Handing over to the carrier The sender must hand over the goods at the place and under the terms agreed upon by the terms of the contract or, in the absence thereof, according to the established practices between the parties or the usages, to complete and hand over the transport document, being liable for damage caused by delay. ' 134. Article 1.969 is amended and will read as follows: "" ART. 1.969 Transport term The consignment must be carried out within the time limit If the period within which the consignment is to be made has not been determined by the parties, account shall be taken of the practices established between the parties, the usages applied at the place of departure, and in the absence thereof, shall be determined according to the circumstances. 135. In Article 1.976, paragraphs 1 and 2 shall be amended and shall read as follows: " (1) The carrier shall be obliged to place the goods transported at the disposal of the consignee or to the holder of the transport document to the order or to the bearer, in the place and time limits indicated in the contract or, in absentia, between parts or usages. The holder of the transport document to the order or to the bearer is obliged to send it to the carrier when taking the goods transported. (2) The delivery of the goods transported shall be made at the domicile or seat of the consignee, if from the contract, from the statornicite practices between the parties or according to the usages 136. In Article 1.981, paragraphs 2 and 3 are amended and shall read as follows: " (2) In the cases provided in par. (1), if there is an emergency or the goods are perishable, the carrier will retransmit the goods, at its expense, or sell them, according to art. 1.726, without requesting instructions from the sender. (3) At the end of the storage period or upon expiry of the term for receiving the sender's instructions, the carrier's obligations are those from the free warehouse, with the obligation for the sender to reimburse them in full preservation and storage of goods. " 137. Article 2.033 is amended and shall read as follows: "" ART. 2.033 Advertising of revocation of authentic notarial procurement (1) If the power of attorney has been given in authentic notary form, in order to inform third parties, the notary public to whom it is required to authenticate the revocation of such a power of attorney shall be obliged to transmit, immediately, the revocation to the National Register notarial, kept in electronic format, according to the law. (2) The public notary that authenticates the act for the conclusion of which the power of attorney was given has the obligation to check at the notarial national register if that power of attorney has been revoked. ((3) Provisions of para. ((1) and (2) are also applicable in the case of authentications carried out by the diplomatic missions and consular offices of Romania. " 138. In Article 2.057, paragraphs 3 and 4 are amended and shall read as follows: " (3) In the case provided in par. ((2), the consignor shall give the consignor a reasonable period of notice to prepare the surrender of the goods. ((4) In the event of the opening of insolvency proceedings in respect of the consignor, the goods shall enter into his/her estate, and in the event of the opening of insolvency proceedings with respect to the consignor, the goods shall not enter into his/her estate consignor. ' 139. In Article 2.058, paragraph 1 is amended and shall read as follows: "(1) The consignment contract is presumed for consideration, and the remuneration to which the consignor is entitled shall be established by contract or, in absentia, as the difference between the selling price set by the consignor and the actual price of the sale." 140. In Article 2.097, paragraph 2 is amended and shall read as follows: "" (2) In the absence of the convention of the parties or of special legal provisions, the intermediary shall be entitled to a remuneration in accordance with previous practices established between the parties or with the existing usages between professionals for such contracts. " 141. In Article 2.115, paragraph 4 is amended and shall read as follows: "" (4) If a time limit has not been agreed, the depositary may at any time return the property, but may be liable for payment of compensation, if the refund is immaterial or takes place inopportune. " 142. In Article 2.116, paragraph 1 is amended and shall read as follows: " (1) If it has not been agreed otherwise, the refund of the good received must be made at the place where it had to be kept, and the expenses occasioned by the refund are in charge of the depositor. However, when the depositary, without having been in the hypothesis envisaged in art. 2.111, unilaterally changed the place of the preservation of the good, the depositor can ask the depositary to either bring the good to that place for restitution, or to bear the difference between the expenses occasioned by the refund and those that would have been made in absentia this change. " 143. In Article 2.119, paragraph 1 is amended and shall read as follows: "(1) When there are several depositors, and the obligation is indivisible or severed between them, the depositary shall be released by the return of the good of any of them, unless otherwise determined by the deposit contract." 144. In Article 2.120, paragraph 3 is amended and shall read as follows: " (3) If the depositary discovers that the good stored had been stolen or lost, as well as the true owner of the property, he must inform the latter about the deposit that was made and summon him to exercise his rights in a determined and indestulatory term, without violation of the applicable criminal provisions. Only after the expiry of that term the depositary can be free by returning the work to the depositor. During this period, the depositary is entitled to receive the same remuneration as in the course of the deposit. Even when the deposit contract had been concluded free of charge, the depositor owes, for this period, remuneration, the amount of which is established according to art. 2.106 2.106 para. ((2). ' 145. In Article 2.126, a new paragraph (2) is inserted, with the following contents: "(2) The depositary shall respond, in the event of the destruction of the work, in accordance with the rules applicable to the unpaid deposit." 146. Article 2.137 is amended and shall read as follows: "" ART. 2.137 Hotels assimilated to hotels The provisions of this Section shall also apply accordingly to goods brought in sanatoriums, hospitals, hostels, sleeping cars and the like. ' 147. In Article 2.155, paragraph 2 is amended and shall read as follows: "(2) If the term is not agreed and either the contract does not provide for the use for which the good has been borrowed, or the use is of a permanent nature, the convenience shall be obliged to return the property at the request of the convenience." 148. In Article 2.156, the marginal name is amended and shall read as follows: "Early restitution" 149. In Article 2.157, paragraph 2 is amended and shall read as follows: "(2) If no time limit has been stipulated for the refund, the contract of convenience shall be enforceable only if the use for which the intended use has been borrowed is not provided for is permanent." 150. Article 2.158 is amended and shall read as follows: "" ART. 2.158 Notion. Capacity ------------ The marginal name of art. 2.158 2.158 of section 150 150 of art. 190 190 has been amended by RECTIFICATION no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 489 489 of 8 July 2011. (1) The consumer loan is the contract by which the borrower remitted to the borrower an amount of money or other such fungible and consumptible goods by their nature, and the borrower undertakes to return, after a certain period of time, the same amount of money or quantity of goods of the same nature and quality. (2) When a person grants a loan without doing so professionally, the legal provisions on credit institutions and non-bank financial institutions shall not be applicable to him. " 151. In Article 2.180, paragraph 1 is amended and shall read as follows: " (1) The extract or the account report sent by a current to the other shall be presumed approved, if not contested by the latter within the time stipulated in the contract or, in the absence of a term, within a reasonable period after the practices between the parties or according to the premises. In the absence of such practices or practices, account shall be taken of the nature of the operations and the situation of the parties. 152. Article 2.181 is amended and shall read as follows: "" ART. 2.181 Execution and attachment (1) Only the creditor balance resulting at the conclusion of the current account may be subject to execution or attachment started against one of the currents. ((2) The creditors of any of the currents may request the court to order, by way of injunction, the conclusion before the deadline of the current account, for the execution or attachment of the resulting balance in favor of the debtor current. " 153. In Article 2.183, paragraph 2 is amended and shall read as follows: " (2) In the case of the contract concluded indefinitely, each party may declare its termination at the conclusion of the account, notifying the other party 15 days before. If the parties have not agreed otherwise, the current account contract for an indefinite period shall be deemed to have the final deadline for the final day of each month. " 154. Article 2.246 is amended and shall read as follows: "" ART. 2.246 Establishment during the life of an already deceased third The contract stipulating an annuity constituted during the life of a third party who was deceased on the day of the conclusion of the contract is struck by absolute nullity. 155. In Article 2.247, the marginal name is amended and shall read as follows: "Setting up for the life of a person affected by a lethal disease" 156. In Article 2.251, paragraph 2 is amended and shall read as follows: "(2) The Credirenter shall be entitled to a resolution for the non-execution without justification of the obligation to pay the annuity by the debirentier." 157. In Article 2.256, paragraph 1 is amended and shall read as follows: " (1) Provisions art. 2.243-2.247, 2,249, art. 2.251 2.251 para. ((1) and art. 2.252 2.252 shall also apply to the maintenance contract. '; 158. In Article 2.263, paragraph 3 is amended and shall read as follows: " (3) In the case provided in par. ((2), as well as when it is based on the non-execution without justification of the maintenance obligation, the resolution can only be delivered by the court, the provisions of art. 1.552 1.552 not applicable. Any clause to the contrary shall be deemed unwritten. ' 159. In Article 2.164, a new paragraph (3) is inserted after paragraph 2, with the following contents: "(3) If it is not possible to return goods of the same nature, quality and in the same quantity, the borrower is obliged to pay their value on the date and place where the refund had to be made." 160. Article 2.165 is amended and shall read as follows: "" ART. 2.165 Enforceability Art. 2.157 2.157 para. ((1) shall also apply to the consumer loan. " 161. Article 2.193 is amended and shall read as follows: "" ART. 2.193 Notions ----------- The marginal name of art. 2.193 2.193 of section 161 161 of art. 190 190 has been amended by RECTIFICATION no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 489 489 of 8 July 2011. The credit facility is the contract by which a credit institution, a non-bank financial institution or any other entity authorized by special law, referred to as the financier, undertakes to keep at the customer's disposal a sum of money for a determined or indefinite period of time. '; 162. In Article 2.195, paragraphs 1 and 2 shall be amended and shall read as follows: " (1) In the absence of a contrary clause, the financier may not denounce the contract before the end of the term than for thorough reasons, if they concern the beneficiary of the credit facility. (2) The unilateral denunciation immediately extinguishes the right of the customer to use the credit, and the financier must grant a period of at least 15 days for the refund of the amounts used and their accessories. " 163. Article 2.196 is amended and shall read as follows: "" ART. 2.196 Obligation of provider In the performance of the contract for the rental of the value box, the credit institution or another entity providing under the law of such services, referred to as the provider, shall be responsible to the customer for the provision of an adequate and safe room, and the integrity of the tape. " 164. In Article 2.197, paragraph 2 is amended and shall read as follows: " (2) In case of death of the customer or of one of the customers using the same box, the provider, once notified, cannot consent to the opening of the box except with the consent of all those entitled or, in absentia, under the conditions determined by the court. " 165. In Article 2.198, paragraphs 1 and 3 shall be amended and shall read as follows: " (1) At the end of the term stipulated in the contract, after the expiry of a period of 3 months from the notification addressed to the customer, the provider may ask the court, by way of an injunction, the authorization to open the value box. Notification of the customer can be made by registered letter with acknowledgement of receipt at the last home or premises brought to the attention of the credit institution ....................................................................... (3) The court may also order measures to preserve the discovered objects, as well as their sale to the extent necessary to cover the rent and expenses incurred by the provider, as well as, if applicable, the damage. caused it. " 166. Article 2.212 is amended and shall read as follows: "" ART. 2.212 Assuring assignment ((1) The insurer may assign the insurance contract only with the written consent of the insured. (2) Provisions of para. ((1) are not applicable to portfolios of portfolios between insurers under the terms of special regulations. " 167. In Article 2.273, paragraph 1 is amended and shall read as follows: "" (1) The transaction may be affected by the same nullity causes as any other contract. " 168. Article 2.274 is amended and shall read as follows: "" ART. 2.274 Transaction on a null act (1) The transaction concluded for the execution of a legal act struck by absolute nullity shall be void, unless the parties have expressly traded on nullity. ((2) If the transaction has ended for the execution of a cancellable act, the cancellation of the transaction may be required only by the party that at the time of the conclusion of the transaction did not know the cause of the cancellation. 169. In Article 2.281, the marginal name is amended and shall read as follows: "" Fideiusion obligatory " 170. In Article 2.290, paragraph 2 is amended and shall read as follows: "(2) The Fideiusor owes the costs of judgment and enforcement advanced by the creditor in proceedings directed against the principal debtor only if the creditor has notified him in advance." 171. Article 2.292 is amended and shall read as follows: "" ART. 2.292 Assimilated fission Where a party commits itself to another party to grant a loan to a third party, the creditor of that undertaking shall be deemed to be easy to repay the loan. ' 172. In Article 2.321, paragraphs 1, 3 and 4 are amended and shall read as follows: " (1) The letter of guarantee is the irrevocable and unconditional commitment by which a person, referred to as the issuer, undertakes, at the request of a person referred to as the authorising officer, in consideration of a pre-existing obligational report, but independently of it, pay a sum of money to a third person, called a beneficiary, in accordance with the terms of the assumed commitment. ................................................................. (3) The issuer may not object to the beneficiary the exceptions based on the pre-existing obligation of the undertaking assumed by the letter of guarantee and cannot be held to pay in the event of abuse or manifest fraud. (4) The issuer who made the payment shall have the right of regression against the order of the letter of guarantee. " 173. In Article 2.322, paragraph 1 is amended and shall read as follows: " (1) The letter of comfort is that irrevocable and autonomous commitment by which the issuer assumes an obligation to do or not to, for the purpose of supporting another person, referred to as the debtor, in order to execute its obligations to a His creditor. The issuer shall not be able to oppose to the creditor any defence or exception deriving from the obligational relationship between the creditor and the debtor. " 174. In Article 2.339, paragraph 1 is amended and shall read as follows: " (1) The privileged claims on certain movable property are as follows: a) the claim of the unpaid seller for the price of the movable property sold to a natural person is privileged with respect to the good sold, unless the buyer acquires the good for the service or exploitation of an enterprise; b) the claim of the person exercising a right of retention is privileged with regard to the good on which the right of retention is exercised, as long as this right subsists. " 175. Article 2.341 is amended and shall read as follows: "" ART. 2.341 Displacement of the seller's privilege When the buyer sells the good, the privilege referred to in art. 2.339 2.339 para. ((1) lit. a) is exercised over the resold good, even if the price of the second sale is still unpaid by the second buyer, with preference to the privilege of which the first buyer would enjoy. " 176. In Article 2.342 (1), point 3 is repealed. 177. Article 2.351 is amended and shall read as follows: "" ART. 2.351 Inalienable or indistinguishable goods (1) Inalienable or indistinguishable goods cannot be mortgaged. (2) The mortgage of inalienable or indistinguishable goods will be valid as a mortgage on a future good, in situations where the good in question is affected by an inaliability or conventional inaliability. " 178. In Article 2.360, the marginal name is amended and shall read as follows: "" Right to stalking the mortgage lender " 179. In Article 2.378, paragraph 1 is amended and shall read as follows: "(1) The mortgage contract shall be concluded in authentic form by the notary public, under the sanction of absolute nullity." 180. Article 2.383 is amended and shall read as follows: "" ART. 2.383 Extension of mortgage on buildings (1) The mortgage shall extend to the natural and industrial fruits of the mortgaged property produced after noting the commencement of the forced pursuit or, as the case may be, after noting the opening of insolvency proceedings. (2) The right of mortgage shall extend from the same date on the tenants and tenants of the property given on the premises. This right is opposable to the residents only from the moment of communication noting the start of the forced pursuit, respectively of the communication of noting the opening of insolvency proceedings, apart from the case in which they were known in another way. (3) Acts entered into by the owner with respect to income not matured or their pursuit of other creditors are not opposable to the mortgage lender after noting the commencement of the foreclosure, unless these acts were noted in the land book before the start of the forced pursuit. " 181. In Article 2.384, paragraph 1 is amended and shall read as follows: "(1) The acts of provision on the mortgaged property shall be valid even if the person who has acquired the property knows the stipulation in the mortgage contract that prohibits such acts or declares that their conclusion is equivalent to the non-fulfilment of the obligation." 182. In Article 2.385, the marginal name is amended and shall read as follows: "" Antihreza " 183. In Article 2.386, points 1 and 4 are amended and shall read as follows: "" 1. the seller, on the immovable property sold, for the price due; this provision shall also apply in the case of the exchange of sulta or of the darias in payment with the sulta for the benefit of the alienating one, for the payment of the ....................................................................... 4. the one who alienated a building in exchange for maintenance, on the estranged property, for the payment of the rent in money corresponding to the unexecuted maintenance; the ownership of the debtor of the maintenance will not be entered in the land register with this mortgage, the provisions of art. 2.249 2.249 by applying properly; '. 184. Article 2.387 is amended and shall read as follows: "" ART. 2.387 Constitution and effectiveness of mortgage The mortgage is constituted by the conclusion of the mortgage contract, but it produces effects from the date on which the guaranteed obligation arises, and the constituent acquires rights to the mortgaged movable property. " 185. In Article 2.391, paragraph 3 is amended and shall read as follows: " (3) The description may be made by drawing up a list of the mortgaged movable property, by determining the category to which they belong, by indicating the quantity, by establishing a formula of determination and by any other way that Reasonably allows the identification of the mortgaged movable property. " 186. Article 2.392 is amended and shall read as follows: "" ART. 2.392 Extension of mortgage on products (1) The mortgage extends to the fruits and yields of the mortgaged movable property, as well as to all the goods received by the constituent following an act of administration or disposition concluded with respect to the mortgaged movable property. (2) It shall also be considered to be a product of a movable property mortgaged any good that replaces or passes its value. " 187. Article 2.398 is amended and shall read as follows: "" ART. 2.398 Subject of mortgage The mortgage may have as its object either one or more claims or a universality of claims. " 188. In Article 2.400, the marginal name is amended and shall read as follows: "" Notification of mortgage debt debtor ' 189. Article 2.404 is amended and shall read as follows: "" ART. 2.404 Mortgage creditor's rights The mortgage lender may charge, at the maturity of the mortgaged claim, the capital, interest and other amounts it produces and release to the debtor of the claim affected by the mortgage receipt for the amounts received. A copy of this receipt shall be sent to the constituent of the mortgage. " 190. Article 2.407 is amended and shall read as follows: "" ART. 2.407 Tracking of unpaid amounts The mortgage lender is not being held himself to recover the sums unpaid by the debtor of the mortgaged claim in court. However, he is obliged to inform immediately the one who constituted the mortgage on any irregularities in the payment of the amounts due by the debtor of the mortgage claim. " 191. In Article 2.409, paragraph 4 is repealed. 192. In Article 2.410, paragraph 1 is amended and shall read as follows: "(1) The publication of the mortgage on the accounts opened at a credit institution shall be made by applying the mortgage to the archive or may be satisfied by the control over the account." 193. In Article 2.413, paragraph 1 is amended and shall read as follows: "(1) The registration of operations on securities, their assimilated operations, as well as other rights provided by law shall be made only in the Electronic Archive of Real Securities, if by law it is not provided otherwise." 194. Article 2.420 is amended and shall read as follows: "" ART. 2.420 Contest of securities (1) The rank of the perfect mortgages is determined according to the order of enrolment or completion of mortgages, with the exceptions provided by law. (2) The perfect mortgage is always preferred to mortgages that have not been perfected. " 195. Article 2.422 is amended and shall read as follows: "" ART. 2.422 Mortgage mortgage contest with real estate mortgages When the same good is encumbered by both securities and real estate mortgages, creditors whose mortgage was previously made public in the related advertising books are preferred. However, the real estate mortgage registered on the same day as a mortgage will be preferred to the latter. " 196. Article 2.423 is amended and shall read as follows: "" ART. 2.423 The contest between the registered mortgages and the pledge The creditor whose mortgage is entered in the archive is preferred to the gajist creditor, even if he obtained the detention of the mortgage previously mortgaged. " 197. In Article 2,427, the marginal name and paragraphs 1 and 3 shall be amended and shall read as follows: "" ART. 2.427 Mortgage assignment. Change of rank (1) The mortgage lender may cede to a chirograph lender the mortgage of its mortgage claim. Mortgage lenders may also agree to change the rank of their mortgages, subject to notaries in the respective advertising register. ................................................................ (3) In all cases, the assignment of the rank is within the limit of the mortgage claim the rank of which has been given, and the exchange of the rank is within the limit of the mortgage claim that has the preferred rank. " 198. Article 2.431 is amended and shall read as follows: "" ART. 2.431 Enforceability The valid mortgage contracts concluded are, under the law, enforceable securities. " 199. In Article 2.440, paragraph 1 is amended and shall read as follows: " (1) When the mortgage contract expressly permits it, the creditor may take over the movable property, as well as the titles and documents which ascertain the ownership of the constituent on the property, by its own means, after a prior notification through the bailiff. " 200. In Article 2.442, paragraph 3 is amended and shall read as follows: " (3) At the request of the bailiff, the agents of the public force shall be obliged to grant all the support for taking over the 201. In Article 2,443, the marginal name and paragraphs 1 and 2 shall be amended and shall read as follows: "" ART. 2.443 Obligations of the bailiff (1) Within 48 hours of receipt of the application, the bailiff shall move to the place where the mortgaged property is located, raise it and hand it over to the creditor. (2) The bailiff shall draw up a minutes, in two copies, one of which shall be kept at the execution file, and the other shall be communicated to the debtor under the conditions of the Civil Procedure Code. " 202. In Article 2.443, a new paragraph (4) is inserted after paragraph 3, with the following contents: " (4) If it is necessary to resort to coercion, the bailiff is obliged to return during the same day, accompanied by agents of the public force, to take over the property affected by the guarantee. It is not necessary to present a judgment or other act from the administrative authorities. " 203. In Article 2.445, paragraph 1 is amended and shall read as follows: " (1) The mortgage creditor may ask the executing court to approve the execution of the securities by selling the mortgage. At the request for consent will be submitted documents attesting the existence of the mortgage and securities mortgage, together with proof of mortgage issuance. The court will consider the existence of the created legal claim and mortgage and will approve the sale, with the citation of the interested parties. " 204. In Article 2.445, a new paragraph (1 ^ 1) is inserted after paragraph 1, with the following contents: "(1 ^ 1) The mortgage lender may sell the movable property mortgaged in the state in which it is found or after taking reasonable commercial measures to capitalize on them." 205. In Article 2.445, paragraph 2 is amended and shall read as follows: "" (2) The creditor may sell the movable property mortgaged by public auction or by direct negotiation, by one or more contracts, in block or separately, at any time or place, under reasonable commercial conditions. " 206. In Article 2.446 (1), a new letter, point d) is inserted after point c), with the following contents: "" d) in accordance with the rules laid down in the mortgage contract, where there is no organised market for the mortgaged property or if there are no standardised commercial practices. '; 207. In Article 2.451, letter e) is amended and shall read as follows: "e) the date, time and place at which the public auction will take place, as well as the starting price of the auction or, as the case may be, the date and time from which the creditor will dispose of the good." 208. In Article 2.452, paragraph 2 is amended and shall read as follows: " (2) The opposition shall suspend the sale procedure until the final settlement of the case. The mortgage lender that has not yet taken up the good will also be able to do so during the opposition. " 209. In Section 2 of Chapter IV of Title XI, the name of point III is amended and shall read as follows: "" III. Taking over the mortgage in the account of the claim " 210. In Article 2.460, the marginal name is amended and shall read as follows: "Takeover of the mortgage in the account of the claim" 211. In Article 2.460, paragraph 2 is amended and shall read as follows: "(2) The acquirer's consent to the creditor's takeover of the property in the account of the claim must be expressed in writing and subsequently be non-execution." 212. Article 2.461 is amended and shall read as follows: "" ART. 2.461 Notification of the takeover offer to the claim The creditor who wants to take over the mortgage for the extinguishment of his claim will register in the archive a takeover notice in the account of the claim and will notify this offer to the persons referred to in art. 2.450 2.450. " 213. In Article 2,462, the marginal name and paragraph 1 shall be amended and shall read as follows: "" ART. 2.462 Opting to take over into account of claim (1) Oposing to take over the good in the account of the claim made by the persons provided in art. 2.450 shall only take effect if it is communicated to the creditor within 15 days of the notification. " 214. Article 2.463 is amended and shall read as follows: "" ART. 2.463 Effects of takeover on account of claim (1) Pretaking of the property by the creditor to the account of the claim: a) extinguish the mortgage claim; b) transfer to the creditor all the rights that the constituent has on the property; c) extinguish all lower-ranking mortgages and privileges. (2) The mortgage contract together with the notice of takeover in the account of the claim shall take place of title. " 215. In Article 2.474, paragraph 2 is amended and shall read as follows: "(2) He is also obliged to return the goods and to pay the person against whom the pursuit of a third of the value of these goods has started." 216. In Article 2.475, paragraph 2 is amended and shall read as follows: "(2) The creditor is also liable to pay the person against whom the pursuit of a third of the value of the goods subject to the pursuit at the time of sale started." 217. In Article 2.476, paragraph 1 is amended and shall read as follows: " (1) In order to determine the value of the good in the case referred to in 2.475 2.475 para. ((3), the creditor and the constituent shall designate an expert assessor. " 218. In Article 2.477, the marginal name is amended and shall read as follows: "Violation of the rules on price distribution" 219. Article 2.480 is amended and shall read as follows: "" ART. 2.480 Object of pledge The pledge may cover tangible movable property or negotiable securities issued in materialised form. '; 220. In Article 2.485, paragraph 1 is amended and shall read as follows: "" (1) The pledge exists only as long as the creditor holds the pledged property or, as the case may be, while the endorsement of the title is valid. " 221. Article 2.495 is amended and shall read as follows: "" ART. 2.495 Notions ----------- The marginal name of art. 2.495 2.495 of section 221 221 of art. 190 190 has been amended by RECTIFICATION no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 489 489 of 8 July 2011. (1) The one who is obliged to remit or refund a good may retain him while the creditor does not execute his obligation to arise from the same law report or, as the case may be, as long as the creditor does not compensate him for the necessary expenses and useful that he did for that good times for the damage that the good caused them. (2) Other situations may be established by law in which a person may exercise a right of retention. " + Section 3 Amendment and completion of special laws + Article 191 Law of public notaries and notarial activity no. 36/1995 * *), published in the Official Gazette of Romania, Part I, no. 92 of 16 May 1995, as amended and supplemented, shall be amended and supplemented as follows: Note
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*) Law of public notaries and notarial activity no. 36/199 was republished in the OFFICIAL GAZETTE no. 72 of 4 February 2013 and subsequently in the OFFICIAL GAZETTE no. 444 444 of 18 June 2014.
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1. In Article 58, paragraph 2 shall be amended and shall read as follows: " The parties may be represented upon authentication by a trustee with genuine special power of attorney. In this situation, the notary is obliged to check in the notarial national register if that power of attorney has been revoked, and in the case of revocation it will reject the application for authentication. " 2. in Article 58, after paragraph 2, a new paragraph 3 is inserted, with the following contents: " For the purposes of paragraph 1 2, the regulation will provide for the organization and modalities of drawing up and consulting the national electronic register of the revocations of authentic prosecutors. "
+ Article 192 Law no. 136/1995 on insurance and reinsurance in Romania, published in the Official Gazette of Romania, Part I, no. 303 of 30 December 1995, as amended and supplemented, shall be amended as follows: 1. Articles 9 to 47 shall be repealed. 2. Article 69 ^ 1 shall read as follows: "" ART. 69 69 ^ 1 In Romania, insurance and reinsurance are subject to the provisions of the Civil Code and this law. " 3. Article 69 ^ 2 shall read as follows: "" ART. 69 69 ^ 2 The Insurance Supervisory Board shall adopt binding rules in application of the provisions of the Civil Code and of this Law. " + Article 193 Paragraph 3 of Article 20 of the Government Ordinance no. 19/1997 on transport, republished in the Official Gazette of Romania, Part I, no. 552 of 11 November 1999, with subsequent amendments and completions, shall be amended and shall read as follows: " (3) The public transport contract shall be concluded between the carrier and the beneficiary under the conditions of the Civil Code and shall be produced, for the transport of persons, by a transport title handed to the passenger, and for the transport of goods, by a specific transport document. '; + Article 194 Article 1 (7) of Article 1 Government Emergency Ordinance no. 12/1998 on the transport on the Romanian railways and the reorganization of the National Society of Romanian Railways, republished in the Official Gazette of Romania, Part I, no. 834 of 9 September 2004, with subsequent amendments and completions, shall be amended and shall read as follows: "" (7) The transport contract is concluded and executed in accordance with the provisions of the Civil Code, of the Regulation on transport on railways in Romania, approved by Government Ordinance no. 7/2005 , republished, of the international agreements and conventions to which Romania is a party and of the normative acts given in their application. " + Article 195 Paragraph 1 of Article 35 of the Government Emergency Ordinance no. 40/1999 on the protection of tenants and the establishment of rent for housing spaces, published in the Official Gazette of Romania, Part I, no. 148 of 8 April 1999, approved with amendments and additions by Law no. 241/2001 , as amended, amend and read as follows: "" ART. 35 (1) For rental contracts lasting more than one year, provided in art. 26, the owner can ask for the rent increase, if he has not given up this right through the lease. " + Article 196 Law no. 190/1999 on mortgage loan for real estate investments, published in the Official Gazette of Romania, Part I, no. 611 of 14 December 1999, as amended and supplemented, shall be amended as follows: 1. In Article 3, paragraph 1 shall read as follows: "" ART. 3 (1) The real estate mortgage constituted to guarantee the mortgage loan for real estate investments shall last until the full repayment of all the amounts due under the respective mortgage credit agreement. " 2. In Article 3 ^ 1, paragraph (1) shall read as follows: "" ART. 3 3 ^ 1 (1) The provisions of art. 2.380 of the Civil Code does not apply to real estate mortgages constituted for the guarantee of mortgage loans for real estate investments granted under the present law. " 3. Article 4 shall be repealed. 4. Article 34 shall read as follows: "" ART. 34 The provisions of this Law shall be completed Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, as amended and supplemented, the Government Emergency Ordinance no. 99/2006 on credit institutions and capital adequacy, approved with amendments and additions by Law no. 227/2007 ,, as amended and supplemented, the Government Ordinance no. 21/1992 on consumer protection, republished, with subsequent amendments and completions, of Law no. 193/2000 on unfair terms in contracts concluded between traders and consumers, republished, as amended, of Law no. 363/2007 on combating unfair practices by traders in relation to consumers and harmonising regulations with European consumer law, as amended, the Criminal Code, as well as the Civil Code, in the extent to which this law does not contain any contrary provisions. " + Article 197 Government Ordinance no. 9/2000 on the level of legal interest for monetary obligations, published in the Official Gazette of Romania, Part I, no. 26 of 25 January 2000, approved with amendments by Law no. 356/2002 ,, amend and supplement as follows: 1. Article 1 is amended and shall read as follows: "" ART. 1 The parties are free to determine, in conventions, the interest rate both for the return of a loan of a sum of money and for the delay in payment of a monetary obligation. The interest due by the debtor of the obligation to give a sum of money at a certain term, calculated for the period before the deadline for the maturity of the obligation, is referred to as remuneration. Interest due by the debtor of the money obligation for failure to meet the respective obligation at maturity is called penalty interest. Unless otherwise stated, the term "interest" in this ordinance concerns both the remuneration interest and the penalty interest. Interest is understood not only the amounts counted in money with this title, but also other benefits, under any title or name, to which the debtor undertakes as equivalent of the use of capital. " 2. In Article 3, paragraph 1 is amended and shall read as follows: "The legal interest is established at the level of the reference interest of the National Bank of Romania." 3. Article 3 (2) shall be repealed. 4. In Article 3, paragraph 3 is amended and shall read as follows: " In the reports that do not arise from the operation of a profit-making enterprise within the meaning provided for in art. 3 3 para. (3) of the Civil Code, the legal interest is established at the level of the reference interest of the National Bank of Romania, decreased by 20%. " 5. Article 4 is amended and shall read as follows: "" ART. 4 In the legal relations with the element of extraneity, when the Romanian law is applicable and when the payment in foreign currency was stipulated, the legal interest rate is 6% per year. " 6. Article 5 is amended and shall read as follows: "" ART. 5 In the legal relationships that do not arise from the operation of an undertaking, within the meaning of 3 3 para. (3) of the Civil Code, the interest may not exceed the legal interest rate by more than 50% per year. Any clause violating the provisions of par. 1 is null and void. In this case, the creditor is deprived of the right to claim legal interest. The validity of the conventional interest rate is determined by reference to the legal interest in force at the date of the stipulation 7. Article 6 is amended and shall read as follows: "" ART. 6 The interest must be determined by written act. In its absence, only the legal interest is due. " 8. Article 7 is amended and shall read as follows: "" ART. 7 The early payment of the remuneration may be made at the latest 6 months. The interest thus collected is not subject to the refund, regardless of the subsequent variations. " 9. Article 8 is amended and shall read as follows: "" ART. 8 Interest will be calculated only on the amount of the loan amount. However, the interest of the remunerators may be capitalised and may produce interest. Provisions of paragraph 1 and 2 do not apply to the current account contract and when by law it would be ordered otherwise. " 10. Article 9 shall be repealed. 11. Article 10 is amended and shall read as follows: "" ART. 10 The interest charged or paid by the National Bank of Romania, credit institutions, non-banking financial institutions and the Ministry of Public Finance, as well as their calculation shall be established by specific regulations. " 12. After Article 10, a new article is inserted, Article 10 ^ 1, with the following contents: "" ART. 10 10 ^ 1 Art. 1.535 and 1.538-1.543 of the Civil Code are applicable to the penalty interest. " + Article 198 Point c) of paragraph 2 of Article 48 of the Law no. 571/2003 on the Fiscal Code *), published in the Official Gazette of Romania, Part I, no. 927 of 23 December 2003, with subsequent amendments and completions, shall be amended and shall read as follows: "c) gains from the transfer of assets of the business assets, used in an independent activity, exclusively the value of the remaining assets after the final cessation of the activity;". Note
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* *) Law no. 571/2003 on the Fiscal Code was repealed by item 1 1 of para. ((1) of art. 502, Title XI of LAW no. 227 of 8 September 2015, published in the OFFICIAL GAZETTE no. 688 688 of 10 September 2015.
+ Article 199 Article 53 ^ 3 of Government Emergency Ordinance no. 109/2005 on road transport, published in the Official Gazette of Romania, Part I, no. 655 of 22 July 2005, approved with amendments and additions by Law no. 102/2006 , with subsequent amendments and completions, shall be amended and shall read as follows: "" ART. 53 53 ^ 3 The execution of public road transport and its related activities shall be carried out on the basis of a transport contract. " + Article 200 Article 5 (2) of Article 5 Government Ordinance no. 9/2004 on some financial guarantee contracts, published in the Official Gazette of Romania, Part I, no. 78 of 30 January 2004, approved with amendments and additions by Law no. 222/2004 , is amended and will read as follows: "(2) The financial guarantee contracts and financial guarantees provided for by this ordinance are not applicable to the securities provisions contained in the Civil Code."
+ Chapter VIII Provisions on the 6th book "On the Extinctive Prescription, Decaying and Calculation of the Terms" of the Civil Code + Section 1 Transitional and Implementing Provisions of the 6th Book "On the Extinction Prescription, Decaying and Calculation of the Terms" of the Civil Code + Article 201 Prescriptions started and unfulfilled on the date of entry into force of the Civil Code are and remain subject to the legal provisions that have instituted them. + Article 202 Art. 2.515 of the Civil Code does not validate the conventions regarding the modification of the legal regime of the prescription concluded before the entry into force of the Civil Code. + Article 203 Art. 2.532 2.532 section 6 and 7 of the Civil Code regarding the suspension of the prescription course also applies to prescriptions started before the entry into force of the Civil Code, if the circumstances that attract the suspension occurred after the latter date. + Article 204 Art. 2.539 2.539 para. (2) the second sentence of the Civil Code shall also apply in the case of the application for appeal or arbitrariness introduced after the entry into force of the Civil Code. + Article 205 Art. 2.548 2.548 para. (1) and (2) of the Civil Code shall apply only to the terms of revocation which began to run after the entry into force of the Civil Code. + Article 205 ^ 1 Art. 2.539 2.539 para. (2) the second sentence of the Civil Code are applicable including if the final decision was taken note of the waiver of the judgment or the perimation was found. --------- Art. 205 ^ 1 was introduced by the subsection. 25 25 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. + Article 205 ^ 2 Art. 2.556 applies if the documents were handed over by registered letter to the post office or telegraphic or to a fast courier service or to a specialized communication service, established according to the law. ---------- Art. 205 ^ 2 was introduced by the subsection. 25 25 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. + Section 2 Provisions amending and supplementing the 6th book "On the Extinction Prescription, Decaying and Calculation of the Terms" of the Civil Code + Article 206 Book VI "On the Extinctive Prescription, the Decaying and Calculation of the Terms" of the Civil Code is amended and supplemented as follows: 1. The name of the 6th book is amended and will read as follows: "" CARTEA VI About the extinctive prescription, decay and calculation of deadlines " 2. Article 2.506 is amended and shall read as follows: "" ART. 2.506 Effects of Fulfillment Prescription (1) Prescription does not operate in full law. (2) After fulfilling the limitation period, the one obliged may refuse the performance of the performance. (3) The one who willingly executed the obligation after the limitation period has been fulfilled does not have the right to ask for the return of the performance, even if at the time of execution he did not know that the term of prescription was fulfilled. ((4) The recognition of the right, made by a written act, as well as the constitution of guarantees for the benefit of the holder of the right whose action is prescriptible are valid, even if the one who made them did not know that the limitation period was fulfilled. In these cases the rules from the waiver of the prescription are applicable. " 3. Article 2.513 is amended and shall read as follows: "" ART. 2.513 The time until which the prescription can be invoked The prescription can only be opposed in the first instance, by welcoming, or, in the absence of invocation, at the latest to the first term of judgment to which the parties are legally cited. " 4. In Article 2.515, paragraph (4) is amended and shall read as follows: " (4) The limitation periods may be reduced or increased, by the express agreement of the parties, without however that their new duration is less than one year and not more than 10 years, except for the limitation periods of 10 years or longer, which may be extended up to 20 years. " 5. In Article 2.519, after paragraph 1, a new paragraph (2) is inserted, with the following contents: "(2) It shall also be prescribed within 2 years the right to action regarding the payment of the remuneration due to intermediaries for the services provided under the intermediation contract." 6. In Article 2.520, paragraphs 1 and 6 of paragraph 1 and paragraph 2 shall be amended and shall read as follows: " 1. to public food professionals or hoteliers, for the services they provide; ..................................................................... 6. Lawyers, against customers, for payment of fees and expenses. The limitation period will be calculated from the day of final stay of the decision or in that of reconciling the parties or revoking the mandate. In the case of unfinished business, the limitation period is 3 years from the date of the last performance made; ..................................................................... (2) In all cases, the continuation of lessons, services, supplies, acts or works shall not interrupt the prescription for the amounts due. " 7. Article 2.525 is amended and shall read as follows: "" ART. 2.525 Right to action in the return of benefits The limitation of the right to action in the return of benefits made under a cancellable act or abolished for resolution or other cause of ineffectiveness begins to run from the date of the final stay of the decision abolishing the act or, as the case may be, from the date on which the declaration of termination or termination has become irrevocable. " 8. Article 2.526 is amended and shall read as follows: "" ART. 2.526 Right to action in the performance of successive benefits When it comes to successive benefits, the prescription of the right to action begins to run from the date on which each performance becomes chargeable, and if the benefits make up a whole unit, from the date on which the last performance becomes chargeable. " 9. In Article 2.532, paragraph 7 is amended and shall read as follows: " 7. if the one entitled to action must or may, according to the law or contract, use a certain prior procedure, such as administrative complaint, reconciliation attempt or the like, how long he has not known and nor did it have to know the outcome of that procedure, but not more than 3 months after the initiation of the procedure, whether by law or contract no other deadline was established; ". 10. In Article 2.537, points 2 and 3 shall be amended and shall read as follows: " 2. by the introduction of a request for a legal or arbitrary call, by registering the claim at the credit table in the insolvency proceedings, by submitting the application for intervention in the framework of the forced pursuit started by other creditors or by the invocation, by way of exception, of the right of which the action is prescribed; 3. by constituting as a civil party during the prosecution or before the court until the beginning of the judicial investigation; if the compensation is granted, according to the law, ex officio, the start of the prosecution interrupts the course of the prescription, even if the constitution did not take place as a civil party; " 11. In Article 2.539, the marginal name and paragraph 3 shall be amended and shall read as follows: " Request for appeal or arbitrariness ...................................................................... (3) The prescription is not interrupted even if the judicial or arbitral decision has lost its enforceable power by fulfilling the statute of limitations of the right to obtain enforcement. In this case, however, if the right to obtain the defendant's obligation is unforeseeable or has not been prescribed yet, a new request will be made to sue or arbitrarily, without being able to oppose the exception of the working authority on trial. " 12. In Article 2.539, after paragraph 3, a new paragraph (4) is inserted, with the following contents: "(4) The provisions of this Article shall apply, accordingly, and when the prescription has been interrupted by invoking, by way of exception, the right of which the action is prescribed." 13. In Article 2.541, paragraph (6) is amended and shall read as follows: " (6) If the prescription has been interrupted according to art. 2.537 2.537 section 3, the interruption operates until the communication of the order of classification, the order to suspend the prosecution or the decision to suspend the judgment or until the final judgment of the criminal court is delivered. If the repair of the damage is granted, according to the law, ex officio, the interruption operates until the one against which the prescription began to run known or had to know the final judgment of the criminal court by which it should have been fixing the compensation. " 14. Article 2.547 is amended and shall read as follows: "" ART. 2.547 Application of the rules of limitation If from the law or from the convention of the parties it does not appear unquestionably that a certain term is of revocation, the rules of the prescription are applicable. " + Chapter IX Provisions on the 7th book "Private International Law Provisions" of the Civil Code and on some laws + Section 1 Transitional and Implementing Provisions of the Seventh Book "Private International Law Provisions" of the Civil Code + Article 207 (1) The provisions of the 7th book "Provisions of private international law" of the Civil Code shall apply only in cases deducted to the court or competent authority after the date of entry into force of the Civil Code, having as object relations legal entities with elements of extraneity, regardless of the date and place of the conclusion of acts or the production or commission of the generating facts of those legal relations (2) In the case of private international law relations established prior to the entry into force of the Civil Code, the competence of the law determined according to ((1) may be removed if its application leads to manifestly unfair consequences. ((3) In cases relating to relations with elements of extraneity pending before the courts or competent authorities, the applicable law shall be determined in accordance with the rules of private international law applicable until the date of entry into the effect of the Civil Code. (4) Provisions of para. ((1) and (2) shall apply accordingly whenever an amendment to the rules of private international law laid down in the 7th book of the Civil Code would occur. + Article 208 (1) When the substantive law applicable to relations with elements of extraneity, designated by the parties or, as the case may be, by the author of the unilateral act, according to the provisions of the 7th book of the Civil Code, has undergone changes until the date of its application, shall apply the relevant rules of the latter in force at the date of designation, in the absence of contrary provisions in the 7th book of the Civil Code. (2) If in foreign law established under the rules of the 7th book of the Civil Code as the applicable law in question there has been a legislative transition, the substantive rules of law applicable in the case shall be determined according to the rules of law transient provided in this system of law. (3) In cases of acceptance of redeployment, under the conditions provided in art. 2.559 of the Civil Code, the foreign private international law rule is taken into account in the form and content existing at the time of identification of the applicable foreign right + Article 209 Provisions art. 34 34 and 35 of Law no. 105/1992 on the regulation of private international law relations, with subsequent additions, are applicable until the date of commencement of application Regulation (EC) No 4/2009 by Council of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of judgments and cooperation on maintenance obligations, published in the Official Journal of the European Union, L series, no. 7 7 of 10 January 2009, respectively the start of application in the European Union of the 2007 Hague Protocol on the law applicable to food obligations. + Section 2 Provisions amending the 7th book "Private International Law Provisions" of the Civil Code + Article 210 The 7th book "Provisions of Private International Law" of the Civil Code is amended as follows: 1. In Article 2.559, paragraph 1 shall read as follows: "(1) The foreign law includes the provisions of substantive law, including the conflicting rules, except for contrary provisions." 2. Article 2.570 shall read as follows: "" ART. 2.570 Determination and sample of habitual residence (1) For the purposes of this book, the habitual residence of the natural person is in the state where the person has his main dwelling, even if he has not fulfilled the legal formalities of registration. The habitual residence of a natural person acting in the exercise of his professional activity is the place where this person has his main establishment. (2) For the determination of the main dwelling, those personal and professional circumstances which indicate sustainable links with that State or the intention to establish such links will be considered. (3) The habitual residence of the legal person is in the state in which it has its main establishment. (4) The main establishment of a legal person is the place where it has established its central administration. ((5) Proof of habitual residence can be done with any means of proof. " 3. Article 2.575 shall read as follows: "" ART. 2.575 Acquisition of majority The change of national law of the person shall not affect the majority acquired according to the law applicable at the time of acquisition. 4. In Article 2.578, paragraphs 1 and 3 shall read as follows: " (1) The measures of protection of the person with full capacity of exercise are subject to the law of the state where he has his usual residence at the time of the establishment of the tutor or on the date of taking another protection measure. .......................................................................... (3) The law provided in par. (1) governs and the existence, extent, modification and extinguishment of the power of representation entrusted by the person with full capacity of exercise, for the situation in which he will not be able to care for his interests. However, it may choose one of the following laws: a) national law; b) the law of a previous ordinary residence; c) the law of the state where the goods are located, in terms of protection measures with regard to goods. " 5. In Article 2.579, paragraph (1) shall read as follows: " (1) The person who, according to the national law, is deprived of capacity or has a restricted exercise capacity cannot oppose this cause of invalidity to the one who, in good faith at the time of conclusion of the act and according to the law of the place where the act was concluded, considered it to be fully capable. This rule does not apply to legal acts relating to family, inheritance and real rights to buildings located in a state other than that of the place of conclusion of the act. " 6. In Article 2.585, paragraph 2 shall read as follows: " (2) The effects of the marriage promise, as well as the consequences of its violation, are governed by one of the following laws, in order: a) the law of common habitual residence of future spouses at the time of the marriage proposal; b) the common national law of the future spouses, when they do not have their usual residence in the same state; c) Romanian law, in the absence of common national law. " 7. In Article 2.587, paragraph (2) shall read as follows: "(2) The marriage ending before the diplomatic agent or the consular officer of Romania in the state in which he is accredited is subject to the formalities provided by the Romanian law." 8. In Article 2.589, paragraph (2) shall read as follows: " (2) The law determined according to par. ((1) applies both to the personal effects and to the property consequences of the marriage that this law regulates and from which the spouses cannot derogate, regardless of the matrimonial regime chosen by them. " 9. In Article 2.591, paragraph 2 shall read as follows: " (2) The conditions of form of the applicable law of choice are those provided for either by the law chosen to govern the matrimonial property regime or by the law of the place of conclusion of the convention of choice. In all cases, the choice of the applicable law must be express and ascertained by a signed and dated document by the spouses or to result in an unquestionable manner from the clauses of a matrimonial convention. When the Romanian law is applicable, the requirements of the form established by it for the validity of the matrimonial convention must be observed. " 10. Article 2.592 shall read as follows: "" ART. 2.592 Objective determination of the law applicable to matrimonial property If the spouses have not chosen the law applicable to their matrimonial property regime, it shall be subject to the law applicable to the general 11. In Article 2.600 (1), points c) and d) shall read as follows: " c) in the absence of the usual residence of one of the spouses on the territory of the state where they had the last common habitual residence, the law of joint citizenship of the spouses at the time of the d) in the absence of common citizenship of the spouses, the law of the last common citizens ' citizens, if at least one of them retained this citizenship at the time of the introduction of the divorce petition; ". 12. In Article 2.601, the introductory part shall read as follows: " The act drawn up abroad by which the man's unilateral will to open the marriage is found, without the foreign law applicable to recognize the woman an equal right, cannot be recognized in Romania, except when they are cumulatively met the following conditions: '. 13. In Article 2.605, paragraph 1 shall read as follows: " (1) The child's branch outside the marriage shall be established according to the national child law from the date of birth. If the child has more citizens, other than the Romanian one, the citizenship law is applied that is most favorable to him. " 14. Article 2.608 shall read as follows: "" ART. 2.608 Law applicable to adoption effects The effects of adoption, as well as relations between the adopter and the adopted are governed by the national law of the adopter, and if both spouses are adopters, the law governing the general effects of marriage is applied. The same law and the dissolution of adoption. " 15. Article 2,627 shall read as follows: "" ART. 2.627 Application of the law of the place The conditions of validity, advertising and effects of the securities are subject to the law of the place where the property is located at the date of conclusion of the mortgage contract. " 16. In Article 2,634, paragraphs 2 and 3 shall read as follows: " (2) The existence and validity of the consent expressed by the applicable law-making declaration shall be subject to the law chosen to carry out the inheritance. (3) The declaration of choice of the applicable law must satisfy, as regards the form, the conditions of a provision for the cause of death. Likewise, the modification or revocation by the testator of such a designation of the applicable law must satisfy, as regards the form, the conditions for amending or revoking a provision for the cause of death. " 17. Article 2,636 shall read as follows: "" ART. 2.636 The scope of the inheritance law. Succession of holidays (. The law applicable to inheritance shall, in particular, a) the moment and place of opening the inheritance b) persons with a vocation to inherit; c) the qualities required to inherit; d) the exercise of possession over the remaining assets of the deceased; e) the conditions and effects of the succession option; f) the extent of the heirs ' obligation to bear the liability; g) the substantive conditions of the will, the modification and revocation of a testamentary provision, as well as the special incapacities to dispose or receive by will; h) the succession. ((2) If, according to the law applicable to the inheritance, the succession is vacant, the assets located or, as the case may be, located on the territory of Romania are taken over by the Romanian state under the provisions of the Romanian law regarding the assignment of Vacant successions. ' 18. In Article 2,642, paragraph 3 shall read as follows: "(3) The right to reply against the touching of the personality is subject to the law of the state in which the publication appeared or where the show was broadcast." 19. In Article 2.645, paragraph (4) shall read as follows: " (4) The right of a public institution to exercise the regression is established by the law applicable to its organic status. The admissibility and exercise of the regression are governed by the provisions ((2) and (3). ' + Chapter X Final provisions + Article 211 In the sense of the Civil Code, as well as of the civil legislation in force, through expressions mental alienation or mental debility it is understood a mental illness or a mental disability that determines the mental incompetence of the person to act critically and predictively on the social-legal consequences which may arise from the exercise of civil rights and obligations. + Article 212 ((1) Except for art. 535 of the Civil Code, in the civil code the term "intangible" is replaced by the term "incorporal". (2) In the contents of art. 44 44, art. 144 144 para. ((3), art. 146 146 para. ((4), art. 172 172, art. 211 211 para. ((2), art. 316 316 para. ((2), art. 386 386 para. ((1), art. 689 689 para. ((3), art. 990 990 para. ((1) and art. 991 of the Civil Code, the phrase "hit by relative nullity" is replaced by the term "annulable". (3) In the contents of art. 215 215 para. ((1), art. 299 299, 300, art. 347 347 para. ((1), art. 1.064 1.064 para. ((2), art. 1.248 1.248 para. ((4), art. 1.251 1.251 and 1.252 of the Civil Code, the expression "hit/hit by relative nullity" is replaced by the term "cancellable/cancellable", as appropriate. ------------ Alin. ((3) art. 212 212 has been amended by RECTIFICATION no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 489 489 of 8 July 2011. (4) Within the Civil Code, as well as in the other normative acts in force, the words "legal entities without/with patrimonial purpose", "without patrimonial purpose" and "with patrimonial purpose" are replaced by the words " legal persons fara/cu profit-making, "non-profit-making" and "profit-making", respectively. (5) In the Civil Code, the term "Community"/"Community" is replaced by the term "European Union". (6) Within the Civil Code, the term "bank" and the expressions "banking institution" and "banking company" are replaced by the term "credit institution". (7) In the contents of art. 1.186 1.186 para. ((2), art. 1.191 1.191 para. ((1), art. 1.196 1.196 para. ((2), art. 1.200 1.200 para. ((2), art. 1.240 1.240 para. ((2), art. 1.266 1.266 para. ((2), art. 1.494 1.494 para. ((1), art. 1.495 1.495 para. ((1) and art. 2.014 2.014 para. ((2) of the Civil Code, the expression "established practices between the parties" shall be replaced by the expression "steadfastly practices between the parties". ((8) Throughout the whole Government Emergency Ordinance no. 86/2006 on the organization of the activity of insolvency practitioners, approved with amendments and completions by Law no. 254/2007 , with subsequent amendments and completions, the expression "professional civil society" is replaced by the expression "professional society". + Article 213 On the date of entry into force of the Civil Code, the terms and expressions of the civil and commercial law in force shall be replaced by the corresponding terms and expressions of the Civil Code. + Article 214 (1) Within 60 days from the date of publication of the present law in the Official Gazette of Romania, Part I, the Government will carry out the constitutional procedures necessary to adopt the following draft normative acts: a) the project on medically assisted human reproduction with donor third party; b) the project for modification and completion Law no. 119/1996 on civil status documents, republished, as amended; c) the project for modification and completion Law no. 571/2003 on the Fiscal Code, with subsequent amendments and completions, in order to regulate the tax treatment of the trust; d) the project on the organization and functioning of the Electronic Archive of Real Securities; e) the projects of any other normative acts whose adoption is necessary in order to enter into force or the application of the Civil Code. (2) Within 30 days from the entry into force of the normative acts provided in par. ((1) lit. c) and d), the Government will adopt, by decision, rules on the registration of the trust contract and its amendments to the competent bodies provided in art. 780 780 para. ((1) and (2) of the Civil Code, as well as rules relating to the notice of trust and its registration in the Electronic Archive of Real Securities Guarantees. (3) Within the period provided in par. (1) shall be approved, by order of the Minister of Justice, the methodological norms on the organization and functioning of the notarial National Register of matrimonial regimes, as well as the procedure for its registration and consultation. + Article 215 Law no. 304/2004 on judicial organization, republished in the Official Gazette of Romania, Part I, no. 827 of 13 September 2005, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 19, paragraph 2 shall be amended and shall read as follows: (2) The High Court of Cassation and Justice is organized in 4 sections-Civil First Section, Second Civil Section, Criminal Section, Administrative and Fiscal Litigation Section and United Sections, with its own competence. --------- Alin. ((2) art. 19 19 of Law no. 304/2004 on judicial organisation, republished has been amended by section 1 1 of art. 51 of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. 2. in Article 19, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) At the beginning of each year, the Governing College of the High Court of Cassation and Justice, on the proposal of its President or Vice President, may approve the establishment of specialized complete within the sections of the High Court of Cassation and Justice, depending on the number and nature of the cases, the volume of activity of each section, as well as the specialization of judges and the need to capitalize on their professional experience. " 3. Article 21 is amended and shall read as follows: + Article 21 Civil Section I, Section II Civil and Administrative and Fiscal Litigation Section of the High Court of Cassation and Justice judges appeals against decisions rendered by appeals courts and other judgments, in the cases provided by law, as well as appeals declared against non-final judgments or court documents, of any nature, which cannot be appealed on any other way, and the course of judgment has been interrupted before the courts of appeal. ----------- Article 21 of Law no. 304/2004 on judicial organisation, republished has been amended by section 4 4 of art. 51 of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. 4. In Article 35, paragraph 2 shall be amended and shall read as follows: (2) Within the courts of appeal functions wards or, as the case may be, complete specialized for civil cases, regardless of their object or the quality of the parties, criminal cases, cases with minors and family, causes of administrative and fiscal litigation, causes of labour and social security, companies, the trade register, insolvency, unfair competition or other matters, and, in relation to the nature and number of cases, complete specialities for maritime and river causes. --------- Alin. ((2) art. 35 35 of Law no. 304/2004 has been amended by section 6 6 of art. 51 of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. 5. In Article 36, paragraph 3 shall be amended and shall read as follows: (3) In the courts there are sections or, as the case may be, complete specialized for civil cases, regardless of their object or the quality of the parties, criminal cases, cases with minors and family, cases of administrative and fiscal litigation, cases on labour and social security, companies, the trade register, insolvency, unfair competition or other matters, and, in relation to the nature and number of cases, complete specialities for maritime and river causes. ---------- Alin. ((3) art. 36 36 of Law no. 304/2004 has been amended by section 7 7 of art. 51 of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. + Article 216 Within 4 months from the date of publication of the present law in the Official Gazette of Romania, Part I, the National Bank of Romania and the National Securities Commission will issue common rules regarding the presumptive placements to be safe, according to art. 831 of the Civil Code. + Article 217 In order to apply the provisions of 2.323-2.479 of the Civil Code, within 4 months from the date of publication of the present law in the Official Gazette of Romania, Part I, the National Securities Commission will amend the provisions of Title VI cap. 3 section 3 of the S.C. Code Central depository S.A., approved by Decision no. 1.407 1.407 of 20 June 2006 , with subsequent amendments and completions, in the sense of allowing the transfer of mortgage financial instruments and the establishment of subsecvent mortgages without the consent of the preferred mortgage constituent. Decision of the National Securities Commission, with the Code of S.C. Depositarul Central S.A., is published in the Official Gazette of Romania, Part I. + Article 218 Within 4 months from the date of publication of the present law in the Official Gazette of Romania, Part I, the laws, including Law no. 287/2009 on the Civil Code, as well as the emergency ordinances of the Government and the ordinances of the modified Government and/or completed by this law will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. + Article 219 Civil procedure code, republished *) in the Official Gazette no. 45 of 24 February 1948, as amended and supplemented, shall be amended and supplemented as follows: ---------- The code of civil procedure, republished was repealed by letter. a) a art. 83, Title V of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. 1. Article 2 (1) (a) shall be repealed. 2. in Article 10, point 4 shall be repealed. 3. Article 248 (3) shall be repealed. 4. In Article 282 ^ 1, paragraph 1 is amended and shall read as follows: " The court decisions given in the first instance in the applications introduced by the main on maintenance pensions, in disputes whose object has a value of up to 100,000 lei inclusive, regardless of the quality of the parties, are not subject to the appeal professional or non-professional, on the actions of the owners, the actions in eviction, those relating to the records in the civil status registers and the taking of the precautionary measures, on the claims for the compensation of judicial errors committed in criminal trials and in other cases provided by law. " 5. In Article 360, paragraph 1 is amended and shall read as follows: "The arbitral tribunal shall settle the dispute under the main contract and the applicable rules of law, taking into account, where appropriate, also of use or professional rules." 6. Article 586 is amended and shall read as follows: "" ART. 586 When the creditor refuses to receive payment from the debtor, the latter is entitled to make a real offer and to record what he owes. " 7. Article 587 is amended and shall read as follows: "" ART. 587 For the purpose provided in art. 586, the debtor will make to the creditor, by means of a court executor from the district of the tribunal in which the domicile of the creditor or his chosen domicile, an injunction, is invited to receive the benefit due. In that summons will be shown the place, date and time when the amount or object offered is to be handed over to the creditor. " 8. Article 588 is amended and shall read as follows: "" ART. 588 If the creditor receives the amount or the good offered, the debtor shall be released from his obligation. The bailiff will draw up a report by which he will find the acceptance of the real offer. " 9. Article 589 is amended and shall read as follows: "" ART. 589 If the creditor does not present himself or refuses to receive the amount or the object offered, the bailiff will conclude a minutes in which he will record these circumstances. In this case, the debtor, to be free of duty, will be able to record the amount or the good offered to CEC Bank-S.A. or to any other credit institution or, as the case may be, to a specialized unit, and the consigning container will be submitted to the executor the court that sent the summons. The procedure for recording the amounts of money is mandatory for the unit to which the record is to be made and cannot be conditional on the existence of the creditor's agreement. The record of goods is made under the conditions provided by law. The record will be preceded by a new injunction addressed to the creditor in which the day and time will be shown when and the place where the amount or, as the case may be, the good offered will be submitted. " 10. Article 590 is amended and shall read as follows: "" ART. 590 After the record, the bailiff will find, through a minutes, the payment and release of the debtor. The minutes shall be communicated to the creditor within 5 days of its preparation. Within 15 days from the communication of the minutes provided in par. 1, the creditor will be able to ask for its cancellation for non-compliance with the conditions of validity, background and form, of the payment offer and the consemnation, at the court in the constituency to which the record was made. The judgment is subject only to the appeal, within 10 days of the communication. The debtor shall be considered free on the date of the payment of the payment, unless the payment offer and the consignor are cancelled. " 11. After Article 590, three new articles are introduced, articles 590 ^ 1-590 ^ 3, with the following contents: "" ART. 590 590 ^ 1 The offer of payment can also be made during the trial, before any court, at any stage of the judgment. In this case, by conclusion, the creditor shall be late to receive the amount or, as the case may be, the good. If the creditor is present and receives the benefit due, the debtor's release will be found by conclusion. If the creditor is absent or refuses to receive the performance, the debtor will proceed to the record according to the provisions of art. 589 589 para. 2, and its receipt receipt will be made available to the court, which, by conclusion, will find the debtor's release. The terminations provided in par. 1 1 and 2 shall be attacked only with the substance, except for those given on appeal, which are irrevocable. " "" ART. 590 590 ^ 2 Based on the minutes drawn up under the conditions of art. 588 588 or art. 590 or the conclusion issued under the conditions of art. 590 ^ 1, the interested one will be able to ask for the removal from the land book or from other public registers of mortgage rights constituted in order to guarantee the claim extinguished under the conditions of this chapter. " "" ART. 590 590 ^ 3 The provisions of this chapter shall be supplemented by the provisions of the Civil Code relating to payment and consignor. " 12. After Article 613 ^ 1 two new articles are inserted, Articles 613 ^ 1a and 613 ^ 1b, with the following contents: "" ART. 613 613 ^ 1a When the request for divorce is based on the defendant's defendant's fault, and he acknowledges the facts that led to the dissolution of marital life, the court, if the plaintiff agrees, will pronounce the divorce without researching the merits of divorce grounds and without making mention of the fault for the dissolution of the marriage. Art. 613 ^ 1 para. 4 4 and 5 and art. 619 619 para. 4 4 shall apply accordingly. If the complainant does not agree with the delivery of the divorce under the conditions of par. 1, the application will be settled according to the provisions of art 617 617. " "" ART. 613 613 ^ 1b When divorce is requested because the state of health of one of the spouses makes it impossible to continue the marriage, the court will administer evidence on the existence of the disease and the condition of the sick husband's health and pronounce the divorce make mention of the fault for the dissolution of marriage. " 13. After Article 616 ^ 1 a new article is inserted, Article 616 ^ 2, with the following contents: "" ART. 616 616 ^ 2 If during the divorce process one of the spouses dies, the court will take note of the termination of the marriage and will order, by irrevocable decision, the closure of the file. However, when the divorce application is based on the defendant's fault and the complainant dies in the course of the trial, leaving the heirs, they will be able to continue the action, which the court will only admit if it finds the sole fault of the husband Defendant. Otherwise, the provisions of paragraph 1 1 are applicable. For the introduction in question of the heirs of the applicant husband, the court will suspend the process according to the 243 243 para. 1 1 section 1 1. " 14. Article 617 is amended and shall read as follows: "" ART. 617 The court will pronounce the defendant's fault at the defendant's fault when, due to thorough reasons, attributable to him, the relationships between the spouses are seriously injured and the continuation of the marriage is no longer possible. The court can pronounce the divorce at fault of both spouses, even when only one of them made a request, if from the evidence administered it appears that they are both guilty of the dissolution of the marriage. If the defendant has not made a counterclaim, and from the evidence administered it follows that only the plaintiff is culpable of the dissolution of the marriage, his request will be rejected as unfounded. Art. 617 617 ^ 1 are applicable accordingly. The judgment by which the divorce is pronounced will not be motivated, if both parties request this court. In the case of divorce by the consent of the spouses, the court will pronounce the divorce without making mention of the fault of the spouses. " 15. After Article 617 a new article is inserted, Article 617 ^ 1, with the following contents: "" ART. 617 617 ^ 1 When spouses are separated in fact for at least 2 years, any of them will be able to ask for a divorce, assuming responsibility for the failure of marriage. In this case, the court will verify the existence and duration of the separation in fact and pronounce the plaintiff's exclusive wrongful divorce. If the defendant spouse agrees to the divorce, the provisions of art. 613 ^ 1 para. 3 3-5 and art. 619 619 para. 4 4 will apply accordingly. " 16. In Article 619, after paragraph 5, a new paragraph 6 is inserted, with the following contents: " The court to which the divorce decision remained irrevocable will send, ex officio, the civil status service where the marriage was concluded, the notarial national register of the matrimonial regimes, provided by the Civil Code, and, as the case may be, the office national of the trade register. " 17. Article 674 is amended and shall read as follows: "" ART. 674 The owners ' requests shall be admissible only in the cases and conditions provided by the Civil Code. " 18. Article 675 is amended and shall read as follows: "" ART. 675 The owners ' requests are adjudicated urgently and in particular. The counterclaim and any other requests seeking the protection of a right in connection with the good in dispute are inadmissible. Meeting is not mandatory. " 19. Article 676 is amended and shall read as follows: "" ART. 676 The court decision by which an application was resolved has the working authority judged in a subsequent possession application carried between the same parties and based on the same facts. However, it does not have such authority in a subsequent application for the fund of law. The judgment by which an action on the merits of the law has been settled shall have the authority of res judicata in a subsequent application in respect of the same good. " 20. In the 6th book "Special Procedures", the name of Chapter XIV is amended and shall read as follows: "" CAP. XIV Provisions on dispute settlement between professionals ' 21. In Article 720 ^ 1, paragraphs 1 and 1 ^ 1 are amended and shall read as follows: " In the processes and applications between money-assessable professionals and derived from contractual relationships, prior to the introduction of the application for legal proceedings, the plaintiff will attempt to resolve the dispute either by mediation or by direct conciliation with the other side The period of limitation of the right to action for the litigious right subject to mediation or conciliation shall be suspended for the duration of this procedure, but not more than 3 months after its commencement. " 22. Article 720 ^ 2 is amended and shall read as follows: "" ART. 720 720 ^ 2 The parties or their representatives may be assisted by experts or other specialists. " 23. In Article 720 ^ 4, paragraph 4 is amended and shall read as follows: " Conclusion on taking the measures provided for in art. 114 ^ 1 para. 6 may be appealed within 5 days of delivery, if it has been given with the citation of the parties, and from the communication, if it has been given without their citation. " 24. In Article 720 ^ 6, paragraph 1 is amended and shall read as follows: " The processes and applications between professionals are mainly judged. The court is obliged to ensure, according to the law, the realization of the rights and procedural obligations of the parties, as well as the expeditious conduct of the 25. Article 720 ^ 8 is amended and shall read as follows: "" ART. 720 720 ^ 8 The decisions given in the first instance according to the provisions of this chapter are executors The exercise of the call shall not suspend the execution. 26. Article 720 ^ 9 is amended and shall read as follows: "" ART. 720 720 ^ 9 The court decision given according to the provisions of this chapter, which is brought to fruition by forced execution and bearing the mention that it is irrevocable, constitutes enforceable title, without carrying out other formalities. " 27. Article 721 is amended and shall read as follows: "" ART. 721 The provisions of the present code constitute the common law procedure in civil matters; they shall also apply in the subjects provided for by other laws, in so far as they do not contain contrary provisions. " + Article 220 ((1) Law no. 287/2009 on the Civil Code, published in the Official Gazette of Romania, Part I, no. 511 of 24 July 2009, shall enter into force on 1 October 2011. (2) The normative acts provided for in art. 214 and 216-218 enter into force on the date of entry into force of the Civil Code. + Article 221 This law shall enter into force on the date provided in art. 220 220 para. ((1), except art. 214, 216-218, 224, art. 225 225 para. ((1) and (2), art. 226 and 228, which takes effect 3 days from the date of publication of the present law in the Official Gazette of Romania, Part I. + Article 222 Until the entry into force of the Law no. 134/2010 , the reference in the Civil Code or the present law to the final decision will be understood as made in the irrevocable decision. ----------- Article 222 has been amended by the subsection. 26 26 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. + Article 223 If the present law does not provide otherwise, the processes and applications in civil or commercial matters pending on the date of entry into force of the Civil Code shall be settled by the vested legal courts, in accordance with the provisions of legal, material and procedural in force at the time they were started. + Article 224 (1) Until the entry into force of the Civil Code, the Civil and Intellectual Property Section and the Commercial Section of the High Court of Cassation and Justice shall be reorganized as Civil Section I and the Second Civil Section. ((2) Provisions art. 19 19 para. ((3) of Law no. 304/2004 on judicial organisation, republished, with subsequent amendments and completions, shall be duly applicable. + Article 225 (1) The commercial sections existing on the date of entry into force of the Civil Code within the courts and courts of appeal will be reorganized as civil sections or, as the case may be, will be unified with the existing civil sections, by decision of the Superior Council of Magistracy, on the proposal of the governing college of the court (2) Decision of the Superior Council of Magistracy provided in par. (1) will produce its effects from the date of entry into force of the Civil Code. (3) Civil and commercial proceedings pending on the date of entry into force of the Civil Code will continue to be resolved by the same full of judgment, in compliance with the principle of continuity. In the case of referral to the retrial, the case will be apportioned according to the rules of judicial organization in force on the date of registration of the case to the + Article 226 (1) By decision of the Superior Council of Magistracy, on the proposal of the governing college of the court, in relation to the number of cases, can be established, within the civil sections, complete specialized for the settlement of certain categories of disputes, in consideration of their object or nature, such as: a) claims for insolvency, preventive composition and ad hoc mandate; b) applications in the matter of companies and other companies, with or without legal personality, as well as in the matter of the trade register; c) requests for restriction, preventing or distorting competition; d) requests for securities and other financial instruments. (2) When setting up specialized panels according to par. ((1) the following criteria shall be taken into account: a) ensuring a balanced activity volume between the judges of the section; b) specialization of judges and the need to capitalize their professional experience; c) compliance with the principle of random distribution (3) Decision of the Superior Council of Magistracy provided in par. (1) will produce its effects from the date of entry into force of the Civil Code. + Article 227 If the special law provides that certain cases are within the jurisdiction of the commercial courts or, as the case may be, the jurisdiction of the commercial sections of the courts or courts of appeal, after the entry into force of the Civil Code, the jurisdiction specialized courts or, as the case may be, the civil sections of the courts, reorganized according to art. 228, respectively, civil sections reorganized according to art. 225. + Article 228 (1) Until the date of entry into force of the Civil Code, the commercial courts of Arges, Cluj and Mures shall be reorganized as specialized courts or, as the case may be, as civil sections within the courts of Arges, Cluj and Mures, under the conditions of art. 226. (2) In determining the cases of competence of specialized courts or, as the case may be, of civil sections reorganized according to par. (1) account will be taken of the number and nature of the cases, the specialization of judges, the need to capitalize on their professional experience, as well as the volume of activity of the court. + Article 229 (1) The organization, functioning and duties of the guardianship and family court shall be established by the law on judicial organization. (2) Until the regulation by law of the organization and functioning of the guardianship court: a) its powers, provided by the Civil Code, are fulfilled by the courts, sections or, as the case may be, specialized panels for minors and family; b) the psychosocial investigation report provided by the Civil Code is carried out by the tutelary authority, except for the investigation provided in art. 508 508 para. (2), which shall be carried out by the general direction of social assistance and child protection; c) the authorities and institutions with attributions in the field of protection of the rights of the child and of the natural person continue to exercise the powers provided by the regulations in force on the date of entry into force of data in the jurisdiction of the guardianship (3) Until the date of entry into force of the regulation provided in par. ((1), the duties of the guardianship court relating to the exercise of the guardianship of the goods of the minor or of the judicial ban or, as the case may be, the supervision of the manner in which the guardian administers his the guardianship authority. ------------ Alin. ((3) of art. 229 229 has been amended by section 2 2 of art. unique from LAW no. 214 214 of 28 June 2013 published in MONITORUL OFFICIAL no. 388 388 of 28 June 2013, which introduces art. I ^ 1 of EMERGENCY ORDINANCE no. 4 of 30 January 2013 published in the OFFICIAL GAZETTE no. 68 68 of 31 January 2013. (3 ^ 1) Until the entry into force of the regulation provided in par. ((1), the measure of placement, emergency placement and specialized supervision shall be established and monitored accordingly. art. 58 58-70 of Law no. 272/2004 on the protection and promotion of children's rights, as amended. ------------ Alin. (3 ^ 1) of art. 229 229 has been introduced by section 2 2 of art. III of EMERGENCY ORDINANCE no. 79 79 of 28 September 2011 published in MONITORUL OFFICIAL no. 696 696 of 30 September 2011, reintroduced by the subsection. 28 28 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. (3 ^ 2) Until the entry into force of the regulation provided in par. ((1), the appointment of the special curator who assists or represents the minor at the conclusion of the acts of disposition or the debate of the succession procedure shall be made, immediately, by the tutelary authority, at the request of the notary public, in the latter case no validation or confirmation by the court is required. ------------ Alin. (3 ^ 2) of art. 229 229 was introduced by the subsection. 28 28 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. ((3 ^ 3) Provisions of para. (3 ^ 2) shall also apply accordingly to the appointment of the special curator referred to in art. 167 of the Civil Code. ------------ Alin. (3 ^ 3) of art. 229 229 was introduced by art. III of LAW no. 54 54 of 14 March 2013 , published in MONITORUL OFFICIAL no. 145 145 of 19 March 2013. (4) Applications pending on the date of entry into force of the Civil Code remain to be settled by the courts or, as the case may be, by the competent administrative authorities according to the law in force on the date of their referral. + Article 229 ^ 1 Repealed. ---------- Art. 229 ^ 1 was repealed by letter. j) a art. 83 of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. + Article 229 ^ 2 (1) Notary national registers shall be opened, held and administered exclusively by the National Union of Public Notaries. (2) The opening, content, administration and operation of notary registers shall be established by Law no. 36/1995 , republished. ----------- Art. 229 ^ 2 was introduced by the subsection. 29 29 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. + Article 230 On the date of entry into force of the Civil Code: a) Civil codices (or Civil Code of 1864), published in the Official Gazette no. 271 of 4 December 1864, no. 7 7 of 12 January 1865, no. 8 8 of 13 January 1865, no. 8 of 14 January 1865, no. 11 11 of 16 January 1865, no. 13 of 19 January 1865, with subsequent amendments and completions, except for the provisions of art. 1169 1169-1174 and 1176-1206, which is repealed on the date of entry into force of the Law no. 134/2010 ; ------------ Lit. a) of art. 230 230 has been modified by the subsection. 30 30 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. b) Law no. 313/1879 for the cancellation of the criminal clause in any contracts and for the addition of a paragraph to art. 1.089 of the Civil Code, published in the Official Gazette no. 40 40 of 20 February 1879; c) Trade Codicele of 1887, published in the Official Gazette no. 31 of 10 May 1887, except for the provisions of art. 46-55, 57, 58 and 907-935, still applicable in the relations between professionals, which are repealed on the date of entry into force of the Law no. 134/2010 , of the second book "On maritime trade and on navigation", as well as the provisions of art. 948, 953, art. 954 954 para. ((1) and art. 955 955, which is repealed on the date of entry into force of the Maritime Code; ----------- Lit. c) of art. 230 230 has been modified by the subsection. 30 30 of section 22 22 of art. I of LAW no. 60 60 of 10 April 2012 published in MONITORUL OFFICIAL no. 255 255 of 17 April 2012. d) Decree no. 2.142/1930 for the promulgation of the Law on the operation of central funduary books for railways and canals 148/1930, published in the Official Gazette no. 127 127 of 12 June 1930; e) Law no. 178/1934 on the regulation of the consignment contract, published in the Official Gazette no. 173 173 of 30 July 1934; f) art. 17 17 and art. 19 19-28 of Law no. 153/1937 on general stores and warping of goods and cereals (Docks and silos), published in the Official Gazette, Part I, no. 81 81 of 7 April 1937; g) Decree-Law no. 115/1938 for the unification of the provisions on land books, published in the Official Gazette, Part I, no. 95 of 27 April 1938, as amended; h) Civil Code Carol II, republished in the Official Gazette no. 206 of 6 September 1940, as amended; i) Commercial Code Carol II, republished in the Official Gazette no. 194 of 23 August 1940, with subsequent amendments and completions; j) Law no. 319/1944 for the inheritance right of the surviving spouse, published in the Official Gazette no. 133 133 of 10 June 1944; k) Law no. 163/1946 for the provisional replacement with land records of land books destroyed, stolen or lost, published in the Official Gazette no. 62 of 14 March 1946, as amended; l) Law no. 242/1947 for the transformation of provisional land books from the Old Kingdom into land advertising books, published in the Official Gazette no. 157 of 12 July 1947, as amended; m) Law no. 4/1953 on the Family Code, republished in the Official Bulletin no. 13 of 18 April 1956, with subsequent amendments and completions; n) Decree no. 31/1954 regarding individuals and legal entities, published in the Official Bulletin no. 8 of 30 January 1954, with subsequent amendments and completions; o) Decree no. 32/1954 for the implementation of the Family Code and the Decree on individuals and legal entities, published in the Official Bulletin no. 9 9 of 31 January 1954, except art. 30-43 30-43, which is repealed on the date of entry into force of Law no. 134/2010 ; p) Decree no. 167/1958 regarding the extinctive prescription, republished in the Official Bulletin no. 11 11 of 15 July 1960; q) art. 1 1-33 and 36-147 of Law no. 105/1992 on the regulation of private international law relations, published in the Official Gazette of Romania, Part I, no. 245 of 1 October 1992, with subsequent additions; r) Law of Arendation no. 16/1994 , published in the Official Gazette of Romania, Part I, no. 91 of 7 April 1994, with subsequent amendments and completions; s) art. 21-33 of the Housing Law no. 114/1996 , republished in the Official Gazette of Romania, Part I, no. 393 393 of 31 December 1997; s) art. 7 7, 14 and 15 of Law no. 119/1996 on civil status documents, republished in the Official Gazette of Romania, Part I, no. 743 of 2 November 2009, as amended; t) art. 32 of the Land Fund Law no. 18/1991 , republished in the Official Gazette of Romania, Part I, no. 1 of 5 January 1998, with the following amendments and completions; t) art. 9 9 para. 8 8 of Law no. 112/1995 for the regulation of the legal situation of some buildings with the destination of housing, passed into state property, published in the Official Gazette of Romania, Part I, no. 279 of 29 November 1995, as amended; u) Title VI "Legal regime of real securities" of the Law no. 99/1999 on certain measures to accelerate economic reform, published in the Official Gazette of Romania, Part I, no. 236 of 27 May 1999, as amended; v) art. 12, 14-25, art. 32 32 para. ((2), art. 43 and 44 of Government Emergency Ordinance no. 40/1999 on the protection of tenants and the establishment of rent for housing spaces, published in the Official Gazette of Romania, Part I, no. 148 of 8 April 1999, approved with amendments and additions by Law no. 241/2001 , as amended; from the same date, the provisions of art. 12 and 14-25 no longer apply to the rental contracts of the home in the process of execution; w) Law no. 509/2002 on permanent commercial agents, published in the Official Gazette of Romania, Part I, no. 581 581 of 6 August 2002; x) art. 40 40 para. ((1), art. 41 41 and 42 of Law no. 272/2004 on protection and promotion of children's rights, published in the Official Gazette of Romania, Part I, no. 557 of 23 June 2004, as amended; y) art. 1, 5-13, 16, art. 18 18 para. (2) sentence I, art. 56 56 para. ((1)-(4), art. 57 57, 59-63 and 65 of Law no. 273/2004 on the legal regime of adoption, republished in the Official Gazette of Romania, Part I, no. 788 788 of 19 November 2009; ed) art. 90 90 para. (2) of the Gas Law no. 351/2004 , published in the Official Gazette of Romania, Part I, no. 679 of 28 July 2004, with subsequent amendments and completions; aa) Title X 'Legal movement of land' Law no. 247/2005 on the reform in the fields of property and justice, as well as some adjacent measures, published in the Official Gazette of Romania, Part I, no. 653 of 22 July 2005, with subsequent amendments and completions; bb) any other contrary provisions, even if they are contained in special laws. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished.
p. CHAMBER OF DEPUTIES PRESIDENT,
IOAN OLTEAN
SENATE PRESIDENT
MIRCEA-DAN GEOANA
Bucharest, June 3, 2011. No. 71. -------