Law No. 188 Of 1 October 2000 (Republished) On Bailiffs

Original Language Title:  LEGE nr. 188 din 1 octombrie 2000 (*republicată*) privind executorii judecătoreşti

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LAW no. 188 of 1 October 2000 (* republished *) (* updated *)

on bailiffs (updated until October 19, 2014 *)
Issued



PARLIAMENT

--------------- *) Updated form of this bill until October 19, 2014 is carried out by the Legal Department of the SC "Territorial Computing Center electronic "SA Piatra Neamt by including all amendments and supplements to the Law no. 76 of 24 May 2012; Law no. 187 of 24 October 2012; Law no. 255 of 19 July 2013; Law no.
138 of 15 October 2014. The contents of this document is not a document of official character is intended to inform users

--------------- **) Republished under art. II of Law no. 151/2011 approving Government Emergency Ordinance no. 144/2007 amending paragraph. (1) art. 37 of Law no. 188/2000 on bailiffs, published in the Official Gazette of Romania, Part I, no. 493 of 11 July 2011, giving a new numbering.
Law. 188/2000 on bailiffs was published in the Official Gazette of Romania, Part I, no. 559 of 10 November 2000 and has been amended by:
- Government Emergency Ordinance no. 18/2001 amending Law no. 188/2000 on bailiffs, published in the Official Gazette of Romania, Part I, no. 64 of 6 February 2001, approved by Law no. 360/2001 published in the Official Gazette of Romania, Part I, no. 382 of 12 July 2001;
- Government Emergency Ordinance no. 64/2001 amending and supplementing Law no. 188/2000 on bailiffs, published in the Official Gazette of Romania, Part I, no. 233 of 9 May 2001, approved with amendments by Law no. 540/2001 published in the Official Gazette of Romania, Part I, no. 652 of 17 October 2001;
- Government Ordinance no. 7/2001 on income tax, published in the Official Gazette of Romania, Part I, no. 435 of August 3, 2001, approved with amendments by Law no. 493/2002 published in the Official Gazette of Romania, Part I, no. 543 of 25 July 2002 and subsequently repealed by Law no. 571/2003 regarding the Fiscal Code, published in the Official Gazette of Romania, Part I, no. 927 of 23 December 2003, with subsequent amendments;
- Government Emergency Ordinance no. 190/2005 for achieving the necessary measures in the European integration process, published in the Official Gazette of Romania, Part I, no. 1,179 of December 28, 2005, approved with amendments by Law no. 332/2006 published in the Official Gazette of Romania, Part I, no. 629 of 20 July 2006;
- Law no. 278/2006 amending the Criminal Code and amending and supplementing other laws, published in the Official Gazette of Romania, Part I, no. 601 of 12 July 2006;
- Government Emergency Ordinance no. 144/2007 amending and supplementing Law no. 188/2000 on bailiffs, published in the Official Gazette of Romania, Part I, no. 880 of 21 December 2007, approved with amendments by Law no. 151/2011 published in the Official Gazette of Romania, Part I, no. 493 of 11 July 2011;
- Law no. 202/2010 on measures to accelerate the settlement process, published in the Official Gazette of Romania, Part I, no. 714 of 26 October 2010;
- Law no. 154/2011 amending Law no. 188/2000 on bailiffs, published in the Official Gazette of Romania, Part I, no. 510 of 19 July 2011.

Chapter I General Provisions



Article 1


(1) Enforcement of any enforceable except those which concern the income from the general government budget of the European Union and the European Atomic Energy Community budget, is achieved only by the bailiff, even if special laws It provides otherwise.


----------
Alin. (1) art. 1 was amended by pt. 1 of art. 37 of Law no. 76 of May 24, 2012 published in the Official Gazette no. 365 of 30 May 2012.

(2) Bailiffs fulfill other duties assigned by law to their jurisdiction.


Article 2


(1) Bailiffs are invested to meet a public interest service.


(2) the Act fulfilled by the bailiff, within its legal competence, bearing the stamp of his signature and registration number and date, is an act of public authority and has probative value provided by law.


Article 3


Repealed.
----------
Art. 3 was repealed by pt. 2 of art. 37 of Law no. 76 of May 24, 2012 published in the Official Gazette no. 365 of 30 May 2012.


Article 4


Coordination and Control of bailiffs shall be exercised by the Ministry of Justice.

Article 5


Bailiffs activity is carried out according to the law, the rights and legitimate interests of the parties and other interested persons irrespective of race, nationality, ethnic origin, language, religion, sex, political affiliation , wealth or social origin.

Article 6


Bailiffs can not refuse performing any act gave its jurisdiction only in cases and under conditions provided by law.

Chapter II Competence


bailiffs
Article 7


Bailiff shall:

A) enforce the provisions of civil enforcement warrants;


B) notification of judicial and extrajudicial documents;


C) service of process;


D) recovery of any claim amicably;


E) measures ordered by the court;


F) declaration of status quo in terms of the Code of Civil Procedure;


G) making minutes of finding, if real offer followed by recording the amount of the debtor, according to the Code of Civil Procedure;


H) drawing, by law, to protest non-payment of bills of exchange, promissory notes and checks, where appropriate;


I) any other acts or operations data law to him.


Article 8


Bailiffs carry out their duties in the district court of appeal in whose jurisdiction is the court before which it works, unless the law provides otherwise.

Article 9


(1) In the case under Art. 7 letter a) is competent district bailiff of the court of appeal in whose jurisdiction enforcement is to be made, as provided by the Code of Civil Procedure.


(2) In the case under Art. 7 letter f) is competent district bailiff of the court of appeal in whose jurisdiction will be finding.


(3) In other cases provided for in art. 7 sworn bailiff is responsible for any interested party under the law.


----------
Art. 9 was amended pt. 3 of Art. 37 of Law no. 76 of May 24, 2012 published in the Official Gazette no. 365 of 30 May 2012.

Article 10


(1) Bailiffs may be removed in cases and under the Code of Civil Procedure



----------- Alin. (1) art. 10 was amended by section. 4 of art. 37 of Law no. 76 of May 24, 2012 published in the Official Gazette no. 365 of 30 May 2012.

(2) requiring the bailiff declared that the challenge may abstain.


(3) The interested party may request the recusal of the enforcement court bailiff immediately learning about one of the situations referred to in para. (1), but only until the end of execution. The court which was approved or rejected abstention and one recusal which was approved are not subject to appeal.


----------
Alin. (3) art. 10 was amended by section. 4 of art. 37 of Law no. 76 of May 24, 2012 published in the Official Gazette no. 365 of 30 May 2012.

(4) The ruling dismissing the challenge may be challenged only by appeal within 5 days from the communication.


----------
Alin. (4) art. 10 was amended by section. 4 of art. 37 of Law no. 76 of May 24, 2012 published in the Official Gazette no. 365 of 30 May 2012.

(5) The conclusion that decided that the challenge will show to what extent the challenged acts done by the bailiff will be retained.


Article 11


(1) conflicts of jurisdiction between bailiffs offices located in the same district of a court of appeal is settled by the court of appeal, upon notification to the interested party.


(2) When conflict occurs between bailiffs offices located in different districts, jurisdiction lies with the Court of Appeal in whose constituency office is the first notified the bailiff.


(3) Conflicts of jurisdiction is settled urgently and priority.


(4) The court shall in all cases, motivated by final judgment.


----------
Art. 11 was amended by section. 5 of art. 37 of Law no. 76 of May 24, 2012 published in the Official Gazette no. 365 of 30 May 2012.



Chapter III Organisation of the work of bailiffs

Section 1


Organization and functioning bailiffs offices

Article 12


(1) The bailiffs are conducted in an office that can operate one or more bailiffs associated with appropriate support staff.


(2) in a joint professional association bailiff does not lose the right to the office individually.


(3) bailiffs bailiff or associates, holders of an office, bailiffs may engage trainees, other professionals and support staff accordingly necessary for the operation of the office.


Article 13


(1) Ministry of Justice, by its specialized direction, keep records offices and bailiffs work on the appointment and termination of office of a bailiff.


(2) The number of bailiffs shall be established and updated annually by the Minister of Justice, in consultation with the Council of the National Union of Bailiffs, according to local requirements determined by the extent of planning, workload and number of inhabitants, so that the 15,000 inhabitants to return at least a bailiff. The number of bailiffs in the jurisdiction of a court shall not be less than 3. Also, determining the number of bailiffs will take into account the number of bailiffs trainees who have passed the tenure.


Article 14


In a district judges may operate one or more offices of bailiffs, whose jurisdiction extends throughout the court of appeal in whose territorial jurisdiction the court.

Article 15


Bailiff may be the person who fulfills the following conditions:

A) has Romanian citizenship and residence in Romania;


B) has full legal capacity;


C) has a degree in law;


D) has no criminal record and enjoys a good reputation;


E) knows the Romanian language;


F) is capable of medically to hold office;


G) served for 2 years as a bailiff trainee and has passed the examination be completed or, as appropriate, exercised for three years a position of legal specialty and passed the test or exam for admission to the profession. They are exempt from examination persons who have worked for 5 years as a judge, prosecutor or lawyer, provided they have passed the profession finalized in coming.


Article 16


(1) The bailiff is appointed by the Minister of Justice, in the district of judges, based on the request of an interested party and after verification that the conditions laid down in art. 15.


(2) painting bailiffs shall be established and updated annually by the Council of the National Union of Bailiffs. The painting bailiffs shall be published in the Official Gazette of Romania, Part I, and transmitted courts.


Article 17


(1) Within 90 days of the communication minister of justice order which was appointed bailiff is obliged to register their appointment to the Court of Appeal in whose district has his office up individually or in combination . For this record, the bailiff will present personal stamp and signature specimen.


(2) The Minister of Justice may, in duly justified cases, extend this period to period no longer than 90 days each.


(3) Failure in para. (1) on the registration of the Court of Appeal ipso jure suspension of the exercise of the bailiff.


(4) Filing a minister of justice order issuing the approval of the association bailiff, followed by the issue of the Minister of Justice approving the association, interrupts the flow of time.


(5) Filing a suspension before the deadline provided in par. (1) or (2), followed by the issue of the Minister of Justice to suspend the exercise of the bailiff, interrupting the flow of time.


----------
Art. It amended by section 17. 6 of art. 37 of Law no. 76 of May 24, 2012 published in the Official Gazette no. 365 of 30 May 2012.

Article 18


(1) After the appointment bailiff shall take the oath before the Minister of Justice and President of the National Union of Bailiffs or their representatives.



(2) The oath reads:


"I swear to respect the Constitution and laws, to fulfill with honor and integrity, conscience and impartially the duties incumbent upon me to secrecy and professional. So help me God!"

(3) The reference to the divinity of the oath formula change religious belief according to the bailiff. The bailiff with no formula will be sworn confession of religion, conscience and honor.


(4) The oath ends a report in two copies, signed by the persons mentioned in paragraph. (1) and buyers. A copy of the minutes shall be kept at the Registry of the Court of Appeal and the other copy shall be given to the bailiff respectively.


(5) Bailiffs fall in office only after taking the oath.


Article 19


Can be bailiff trainee who:

A) fulfills the requirements of Art. 15 lit. a) -f);


B) passed the entrance exam competition or the profession of bailiff, organized by the National Union of Bailiffs, under the direction and control of the Ministry of Justice;


C) are in probation period, to promote capacity examination;


D) is employed in an office of a bailiff.


Article 20


(1) competition or entrance exam bailiff profession is held annually or whenever necessary, the National Union of Bailiffs, under the direction and control of the Ministry of Justice.


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


Article 20 ^ 1


(1) The internship is period before obtaining the quality of bailiff and aims at training of bailiff at the beginning of the profession.


(2) The duration is 2 years, calculated from the date of conclusion of the individual employment contract with a bailiff.


(3) College director of each Chamber of Bailiffs may approve, on request, reducing the probation period to one year for enforcement trainees who stands in professional conferences based on the results of internship and essay bailiff supervisor .


(4) College director of each Chamber of Bailiffs may approve, based on a reasoned request, reducing the probation period for enforcement trainees who entered the profession under Law no. 287/2011


On certain measures concerning the organization of enforcement of claims belonging to credit institutions and non-banking financial institutions and, for reasons not attributable to them, they could not perform the internship period in application of Art. 22 para. (1) of the Act.
----------
Art. 20 ^ 1 was introduced by art. II of Law no. 138 of 15 October 2014 published in the Official Gazette no. 753 of 16 October 2014.

Article 21


(1) competition or entrance examination in the profession of bailiff and completed exam will take place before a committee which includes, necessarily, representatives of the National Union of Bailiffs, Ministry of Justice and teachers higher education specialist.


(2) The conditions for conducting such competitions and examinations shall be determined by the implementing regulation of this Act *), approved by the Minister of Justice.

________

*) See Order of the Minister of Justice no. 210/2001 approving the Regulation implementing the Law no. 188/2000 on bailiffs, published in the Official Gazette of Romania, Part I, no. 64 of February 6, 2001, as amended and supplemented.

Article 22


(1) The bailiff shall conclude an individual labor contract with the bailiff trainee and provide training thereof.


(2) The bailiff may delegate bailiff trainee to fulfill tasks set out in art. 7 letter a) -e).


(3) Check the training and conditions of termination of the individual employment contract of bailiff trainee is the responsibility of the Chamber of Bailiffs and determined by the Statute of the National Union of Bailiffs *).


__________

*) See Judgment National Union of Bailiffs no. 19/2010 for the approval of the Statute of the National Union of Bailiffs and bailiff profession, published in the Official Gazette of Romania, Part I, no. 713 of 26 October 2010, as amended.

Article 23


(1) The bailiff shall cease:


A) upon request;


B) in the case of retirement or incapacity finding in the law;


C) the abolition of the office of the bailiff, followed by failure to exercise without justification by the holder of the profession, according to the law, in another office, within 6 months;


D) the exclusion of the profession, ordered disciplinary sanction, under this law;


E) when the final judgment was ordered sentencing or conditional sentence to the bailiff;



------------ Lit. e) of para. (1) art. 23 was amended by section. 1 of art. 44 of Law no. 255 of July 19, 2013 published in the Official Gazette no. 515 of 14 August 2013.

F) if it found its clear inability professional, expressed by the cancellation or termination of the irrevocable court a number of foreclosures representing 10% of the cases investigated or executing acts of execution made no later than 20 % of the cases investigated execution in a calendar year;


G) if the bailiff no longer meets the requirements of Art. 15 lit. a), b), d), e) and f);


H) death.


(1 1) The bailiff may be kept in service if, for an offense committed by negligence, was ordered conditional sentence, suspended sentence, the penalty of fine or he granted an amnesty or pardon before the commencement of penalty and considers that the deed did not interfere with professional prestige.

------------ Alin. (1 1) of art. 23 was introduced by pt. 2 of art. 44 of Law no. 255 of July 19, 2013 published in the Official Gazette no. 515 of 14 August 2013.

(2) Termination of infringement or bailiff has, where appropriate, the Minister of Justice at the request of the Council of the National Union of Bailiffs or office.


Article 24


Year suspended bailiff function:

A) in situations referred to in art. 49 lit. d) and art. 50 para. (1);


B) in cases of incompatibility referred to in art. 42 and if the prohibitions provided by law;


C) in case of default of professional money contributions for 3 months of their maturity until their full payment;


D) in case of temporary incapacity;


E) to the bailiff, for good reason.


Article 25


(1) In the cases provided for in art. 24 lit. a), b) and c) the suspension is ordered Justice Minister motion or on application of the Council of the National Union of Bailiffs.


(2) In the case under Art. 24 lit. d) the bailiff is obliged to immediately inform the Chamber of Bailiffs part that will ask the Minister of Justice to take note of that fact.


(3) In the case under Art. 24 lit. e) the suspension is approved by the Minister of Justice, endorsed by the Council of the National Union of Bailiffs.


(4) The suspension shall cease disappeared circumstances that caused it, the provisions on taking the measure being applied accordingly.


Section 2


Bailiffs Chamber
Article 26


(1) In the district of each court of appeal works bailiffs one room, with legal personality.


(2) Chamber of bailiffs belong all bailiffs in the district court of appeal concerned.


Article 27


(1) The Chamber of bailiffs is headed by a director college consists of a chairman, a vice president and 3-7 members.


(2) College director is elected according to the statutes, the general assembly of bailiffs for a period of 3 years, the members of that House of bailiffs.


(3) The president of the college director is room bailiffs in its relations with third parties. He receives an allowance for the work the amount of which is determined by the general assembly.



(4) College director has a salaried secretary and support staff in number and structure established by the General Assembly.


Article 28


Director of the Chamber of Bailiffs College has the following main responsibilities:

A) the parties resolve complaints against bailiffs and bailiffs trainees taking appropriate measures, which they communicated to the National Union of Bailiffs;


B) delegate in exceptional cases, for a period of 6 months, a bailiff to ensure the functioning of an office of bailiff, with the acknowledgment of the President of the National Union of Bailiffs and the president of the court of appeal whose constituency is to perform his duties; delegation may not be repeated until one year, unless the bailiff delegate consents;


C) inform the National Union of Bailiffs of the work on the necessary offices of bailiffs and bailiffs and bailiff trainee;


D) prepare legal documentation and provides consulting and informing current bailiffs;


E) keep records of income and expenditure and contribution Bailiffs Chamber members;


F) proxy data and work required for Bulletin bailiffs and ensure its dissemination;


G) perform other duties stipulated by this law, its implementing rules and the Statute of the National Union of Bailiffs.




Section 3 of the National Union of Bailiffs

Article 29


(1) Bailiffs from Romania constitute the National Union of Bailiffs, professional organization with legal personality made up of all bailiffs appointed according to art. 16.


(2) The management bodies of the National Union of Bailiffs are: congress, council president.


(3) National Union of Bailiffs Congress consists of delegates from each Chamber of Bailiffs, according to the representation norm set by statute, chairmen of the Boards bailiffs and other members of the Council of the National Union of Bailiffs.


(4) Congress of the National Union of Bailiffs meets annually convened its board.


Article 30


(1) Convening Congress National Union of Bailiffs is made within 7 days from the decision of the Board of the National Union of Bailiffs and will be held within at least one and at most two months of convocation. Rooms bailiffs shall be notified in writing and by publication in a national newspaper. Rooms bailiffs are required to display the date and agenda convening at their headquarters and courts in the jurisdiction in which it operates.


(2) rooms bailiffs are obliged to elect delegates to at least 10 days before the Congress of the National Union of Bailiffs.


(3) Congress National Union of Bailiffs is a quorum of two thirds of the members and makes decisions by majority vote of members present.


(4) If the required quorum is not achieved at par. (3) is another convening of Congress National Union of Bailiffs in the same conditions, more than one month. Congress convening this National Union of Bailiffs is legally constituted by the presence of most delegates. If no quorum is not achieved then, Congress of the National Union of Bailiffs is delayed again and will be reconvened every time to achieve the quorum prescribed in this paragraph.


Article 31


(1) The Council of the National Union of Bailiffs will convene an extraordinary congress at the request of one third of the members of the Boards of bailiffs or at the request of the majority of the Chambers directories colleges bailiffs.


(2) The convocation of an extraordinary congress is made within 7 days from the conditions laid down in art. 30 para. (4).


(3) extraordinary congress will be held within 30 days from the date of convocation.


Article 32


(1) Congress of the National Union of Bailiffs shall:



A) The Statutes of the National Union of Bailiffs and the House insurance;


B) elect the President and Vice Council of the National Union of Bailiffs and other bodies established by statute;


C) elect the Board of Censors and the House insurance;


D) elect and dismiss members of the Commission superior discipline, each room bailiffs entitled to one representative;


E) consider and approve the annual report of the Council of the National Union of Bailiffs;


F) approve the budget of the National Union of Bailiffs and house insurance;


G) perform any other functions provided by this law, its implementing regulation or statute.


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


Article 33


(1) National Union of Bailiffs Council consists of representatives of each Chamber of Bailiffs, according to the representation norm set by statute of which are elected by the Congress of the National Union of Bailiffs president and two vice presidents.


(2) The President represents the National Union of Bailiffs in relations with third parties, domestically and internationally.


Article 34


National Union of Bailiffs Council performs the following tasks:

A) require the Minister of Justice suspension, revocation or termination of office of bailiff;


B) approve the contribution rates of bailiffs' offices in the Chamber of bailiffs and the bailiffs on the Boards of the National Union of Bailiffs, according to its statute;


C) propose to the Minister of Justice conditions of the contest or the entrance examination to the profession of bailiff and examination completed;


D) perform other duties stipulated by this law, its implementing regulation or statute.


Article 35


(1) the National Union of Bailiffs will organize and operate a home insurance indemnity insurance bailiffs, legal person, as laid down by statute approved by the Congress of the National Union of Bailiffs .


(2) The National Union of Bailiffs will establish and administer, no later than one year after the entry into force of this Act *), Electronic register advertising the sale of goods subject to enforcement, which will operate as a system through which all bailiffs will conduct national advertising the sale of movable higher value of 2,000 lei and immovable properties under enforcement proceedings. By decision of the National Union of Bailiffs will be established procedure for implementing the system and data reporting.



_________ *) Paragraph (2) was introduced by Law no. 154/2011 amending Law no. 188/2000 on bailiffs.



Chapter IV Rights and duties bailiff

Section 1


bailiffs Rights
Article 36


Bailiffs exercise their personal duties and enjoy stability in office, can not be transferred to another location without their consent, unless required by law.

Article 37


Bailiff activity that meets the requirements of Art. 15 lit. c) it is considered seniority legal specialty.

Article 38


(1) While practicing bailiffs are protected by law.


(2) Repealed.



------------ Alin. (2) art. Article 38 was repealed. 84 of Law no. 187 of October 24, 2012 published in the Official Gazette no. 757 of 12 November 2012.

Article 39


(1) Bailiffs are entitled to service at minimum and maximum fees established by the Minister of Justice, in consultation with the Council of the National Union of Bailiffs. In case of enforcement of claims concerning payment of a sum of money, the maximum fees are:


A) for claims of up to 50,000 lei including maximum fee is 10% of the amount representing the value of the claim that is the subject of enforcement;



B) for claims worth over 50,000 lei to 80,000 lei but including maximum is 5,000 lei fee plus a percentage of up to 3% of the amount exceeding 50,000 lei from the amount of the claim that is the subject of enforcement;


C) for claims worth over 80,000 lei, but up to 100,000 lei including maximum is 5,900 lei fee plus a percentage up to 2% of the amount exceeding 80,000 lei from the amount of the claim that is the subject of enforcement;


D) for claims worth over 100,000 lei, the maximum is 6,300 lei fee plus a percentage of up to 1% of the amount exceeding 100,000 lei amount of the claim that is the subject of enforcement.


(2) The Minister of Justice will establish minimum and maximum fees for people with incomes below the minimum gross salary guaranteed payment and the possibility of their payment in several installments.


(3) bailiffs may not make the enforcement of judgments prepayment fee.


(4) Repealed.



--------- Alin. (4) art. Section 39 was repealed. 7 of art. 37 of Law no. 76 of May 24, 2012 published in the Official Gazette no. 365 of 30 May 2012.

(5) Repealed.



--------- Alin. (5) art. Section 39 was repealed. 7 of art. 37 of Law no. 76 of May 24, 2012 published in the Official Gazette no. 365 of 30 May 2012.

Article 40


Bailiff is entitled to annual leave under the conditions set by statute.

Article 41


Bailiffs receive social security benefits, based on social security contributions under the law.

Article 42


Operation bailiff is incompatible with:

A) remunerated activity in other professions, except university teaching, artistic work, literary and journalism;


B) of deputy or senator, or the county or local councils, the term of office;


C) carrying out commercial activities, directly or through intermediaries;


D) an associate in a general partnership, associate comandidat in limited partnerships or shares manager of a limited liability company, Chairman of the Board of Directors, member of the board, CEO or director of a limited company, a manager of a professional company.


Section 2


bailiffs' duties and liability
Article 43


Bailiffs and bailiff office staff have an obligation of professional secrecy on documents and facts about which they acquired in their work, even after leaving the service, unless the law or the parties concerned shall issue from this obligation.

Article 44


(1) Bailiffs are required to attend at least once every 3 years in professional training programs organized by the National Union of Bailiffs, Bailiffs cameras attached to courts of appeal, relating to education higher in the country or abroad or to other forms of professional development.


(2) The National Union of Bailiffs approved annually, at the suggestion of chambers of bailiffs on the courts of appeal, continuous training program for bailiffs.


(3) The organization of continuous training activities and the arrangements for assessing the fulfillment of this obligation are provided for by the implementing regulations of this law and the profession.


Article 45


(1) Liability of bailiff may be engaged, under civil law for damages caused by breach of his professional obligations.


(2) Professional liability insurance is performed by a bailiff Insurance Fund established for that purpose, according to Art. 35 para. (1).


Article 46


Bailiffs prohibited to acquire directly or through intermediaries, for themselves or others, goods that were subject to foreclosure activity.

Article 47


Disciplinary responsibility of the bailiff comes to the following deviations:

A) breach of professional secrecy;


B) violation of incompatibilities and prohibitions provided by law;


C) committing acts prejudicial to her honor, professional integrity or morality;



D) failure on the training of bailiffs trainees, employees on a contract basis;


E) systematic delay and negligence in performing;


F) unjustified absence from office;


G) failure to conduct advertising sales through electronic register of advertising the sale of goods subject to enforcement under Art. 35 para. (2).


Article 48


(1) The disciplinary action shall be exercised by the Minister of Justice or College Director of the Chamber of bailiffs and judges of its Disciplinary Board, consisting of three members elected by the general assembly of the Chamber of Bailiffs, for a period of 3 years .


(2) suspension from office or expulsion from the profession is mandatory prior research, which is carried out by inspectors general of the specialized directorate of the Ministry of Justice or College Director of the Chamber of bailiffs.


(3) The hearing of the person concerned is mandatory, it is entitled to acquaint themselves with the case and to formulate a defense.


(4) Disciplinary Board of the Chamber of Bailiffs summon the parties and deliver a reasoned decision which shall be communicated to them.


(5) against the decision of the Disciplinary Board of the Chamber of Bailiffs parties may appeal within 15 days of the communication to upper Disciplinary Committee of the National Union of Bailiffs, which sits in panels of five members. Commission's decision is final and superior discipline may be subject to appeal to the Court of Appeal.



--------- Alin. (5) art. It amended by section 48. 8 of art. 37 of Law no. 76 of May 24, 2012 published in the Official Gazette no. 365 of 30 May 2012.

(6) the trial procedure of disciplinary offenses shall be determined by the implementing regulation of this law.


Article 49


Apply disciplinary sanctions commensurate with the gravity of the facts and consist of:

A) reprimand;


B) warning;


C) fine from 500 to 3000 lei, which is revenue budget of the Chamber of bailiffs in whose jurisdiction is located bailiff's office respectively. Failure to pay the fine within 30 days from the date of the final decision that determined disciplinary law entails suspension from office of bailiff until payment amount. The final judgment shall be enforceable;


D) suspend for a period of one month to six months;


E) expulsion from the profession.


Article 50


(1) Where action has been taken against the bailiff to arrest or house arrest or where it was ordered in the first instance conviction or conditional sentence, Justice Minister, ex officio or upon proposal of the National Union Bailiffs, will take the measure of his suspension from office pending resolution of the criminal trial law.



------------ Alin. (1) art. Amended by section 50. 3 of Art. 44 of Law no. 255 of July 19, 2013 published in the Official Gazette no. 515 of 14 August 2013.

(2) The Minister of Justice has excluded from the profession of bailiff sentenced under the terms of art. 23 para. (1) e) from the date of the final judgment of conviction.


Article 51


In case of suspension or expulsion from the profession stamp, card, books and works suspended or expelled bailiff shall be submitted within five days, upon signature, the Chamber of bailiffs in whose jurisdiction is located office thereof. Bailiffs Chamber has an obligation to ensure the continuation of work executed.

Chapter V


Activity of bailiffs
Article 52


(1) Enforcement and other acts of competence bailiff shall meet on request, unless the law provides otherwise.


(2) All acts done by the bailiff shall be in Romanian.


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


Article 53


(1) In fulfilling its functions and duties, the bailiff will draw conclusions, minutes and other proceedings, forms and terms provided by law.


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Alin. (1) art. It amended by section 53. 9 of art. 37 of Law no. 76 of May 24, 2012 published in the Official Gazette no. 365 of 30 May 2012.

(2) Repealed.


----------
Alin. (2) art. Section 53 was repealed. 10 of art. 37 of Law no. 76 of May 24, 2012 published in the Official Gazette no. 365 of 30 May 2012.

(3) Upon request, within 5 days, the executor will release copies of the documents drawn to its duty to any person justifying an interest.


Article 54


Bailiff performs its duties in compliance with this law, the regulation of the profession and enforcement of this law and the Code of Civil Procedure and other laws applicable.

Article 55


(1) acts on enforcement are met bailiff at the office during working hours displayed properly or at the place of execution.


(2) If the preparation of an act can not be postponed for objective reasons, it will be met and outside working hours.


Article 56


(1) refusal bailiff to fulfill the tasks set out in art. 7 letter b) s) shall be justified if the parties continue in demand to fulfill them within 5 days from the date of refusal.


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Alin. (1) art. It amended by section 56. 11 of Art. 37 of Law no. 76 of May 24, 2012 published in the Official Gazette no. 365 of 30 May 2012.

(2) In case of unjustified refusal to fulfill tasks under par. (1), the claimant may bring a complaint within 5 days from the date it became aware of this refusal, the court within whose jurisdiction it has its registered office bailiff.



----------- Alin. (2) art. It amended by section 56. 11 of Art. 37 of Law no. 76 of May 24, 2012 published in the Official Gazette no. 365 of 30 May 2012.

(3) Judging complaint is summoning the parties.



----------- Alin. (3) art. It amended by section 56. 11 of Art. 37 of Law no. 76 of May 24, 2012 published in the Official Gazette no. 365 of 30 May 2012.

(4) The decision is subject only to the appeal court.


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Alin. (4) art. It amended by section 56. 11 of Art. 37 of Law no. 76 of May 24, 2012 published in the Official Gazette no. 365 of 30 May 2012.

(5) The bailiff is obliged to comply with the judgment became final.


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Alin. (5) art. It amended by section 56. 11 of Art. 37 of Law no. 76 of May 24, 2012 published in the Official Gazette no. 365 of 30 May 2012.

(6) Repealed.



----------- Alin. (6) of art. Article 56 was repealed. 84 of Law no. 187 of October 24, 2012 published in the Official Gazette no. 757 of 12 November 2012.

Article 57


Acts done by bailiffs, showing obvious errors or omissions, or completed they will be directed by them on request or ex officio, by summoning the parties, if the work includes data enabling correction of errors or omissions completion. Demand for error correcting or supplementing materials will be solved urgently. About correction or addition made mention is made on all copies of the document.

Article 58


(1) At the request of the party to be issued a duplicate of the original act bailiff's office who drafted the act will issue a duplicate within 5 days.


(2) Throughout the duplicate reproduce verbatim the act. Instead original signature is the name and surname of each signatory.


(3) The duplicate has the same probative value as the original.


Article 59


When fulfilling the tasks set out in art. 7 letter d) relations between the bailiff and the client are subject through likeness, mandate rules. Remittance to the client document acknowledging the original claim is its collection mandate.

Article 60


(1) acts bailiffs are subject, under the law, control competent courts.


(2) The activity is supervised by professional bailiffs, under this law.


Article 61


Those interested or injured by the acts of enforcement may be challenged to execution, as provided by the Code of Civil Procedure.

Article 62



(1) professional control is exercised by the Ministry of Justice by specialist inspectors general, and the National Union of Bailiffs by its board of management, and will consider:


A) organization and operation rooms and offices bailiffs bailiffs;


B) quality acts and work carried out by bailiffs;


C) the behavior of bailiffs in relationships, public authorities, individuals and legal entities.


(2) The Council of the National Union of Bailiffs may delegate College director of the Chamber of bailiffs exercise control provided in par. (1) b) and c) in his constituency.


Article 63


(1) Office bailiff will own archives and registry.


(2) Archive bailiffs activity is state property, are preserved, preserves and teaches the law.


(3) The Secretariat will carry out the receipt, recording and sending correspondence, registration and filing of documents, record keeping and other ancillary works necessary for the effective exercise of the bailiff.


Article 64


Archive activity and secretarial offices of bailiffs are regulated by the implementing regulation of this law.

Article 65


Offices of bailiffs must keep records of financial and accounting law.



Chapter VI Transitional and Final

Article 66


(1) On request, bailiffs according to which the work commencing under Art. 69 para. (4) have an experience in this activity at least 2 years and those who are older than 2 years in legal profession regardless of length of activity bailiff will be appointed bailiffs, in compliance with art . 15 lit. a), b), d), e) and f).


(2) Bailiffs office, who chooses within 120 days from the date of entry into force of this Act *) to continue operations as a bailiff, be transferred for work in other functions of the judiciary for meeting the conditions required by law.


(3) bailiffs according to which the work commencing according to this law does not meet the conditions under par. (1) shall be employed by the care rooms bailiffs bailiffs as trainees in an office of their territorial jurisdiction.



__________ *) Paragraph (2) was amended by the Government Emergency Ordinance no. 64/2001 amending and supplementing Law no. 188/2000 on bailiffs, approved with amendments by Law no. 540/2001.

Article 67


Returns from taxes collected from bailiffs' fees are revenues to the state budget and are included separately in the income and expenditure of the Ministry of Justice, under the conditions provided by law and intended for judicial stamp duties.

Article 68


(1) This Law shall enter into force after its publication in the Official Gazette of Romania, Part I, and shall be implemented within 90 days from that date.


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



___________ **) See the asterisk art. 21 para. (2).

Article 69


(1) Within 150 days from the date of entry into force of this law ***) will bailiffs calling up cameras bailiffs and the National Union of Bailiffs.


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


(3) The statute provided in par. (2) shall be published in the Official Gazette of Romania, Part I.


(4) Bailiffs will start working in offices, under this law, after 6 months from the date of entry into force.



_________ ***) Paragraph (1) was amended by the Government Emergency Ordinance no. 18/2001 amending Law no. 188/2000 on bailiffs, approved by Law no. 360/2001.

Article 70



(1) On entering the offices of bailiffs according to art. 69 para. (4) bailiffs offices attached to courts and tribunals outgoing.


(2) Files enforcement are pending before the work commencing bailiffs according to this law shall be distributed between the offices set up by a Judge of each court, in compliance with art. 8 and 9. A copy of the file is maintained or, where appropriate, shall be sent by the judge to the court of competent execution.


(3) Where two or more offices of bailiffs are either competent to take over the files provided in par. (2), the judge will proceed as follows:


A) the distribution is made bailiff office who perform acts of enforcement in that folder, unless the creditor show another option;


B) when the distribution is not possible according to letter a) it is fairly between the competent offices.


(4) acts of enforcement met before sharing files par. (2) and (3) the legal provisions in force at the time of their stand.


Article 71


Bailiff's refusal to take cases assigned by the judge and perform the proceedings on enforcement in the terms and conditions established by law constitutes misbehavior and sanctioned according to art. 49 lit. d) if it was committed in such conditions that the criminal law, a criminal offense.

Article 72


This law is supplemented by the Code of Civil Procedure.

Article 73


On entering the offices of bailiffs according to art. 69 para. (4) is repealed art. 138 and 139 of Law no. 92/1992 on judicial organization, republished in the Official Gazette of Romania, Part I, no. 259 of 30 September 1997, as amended and supplemented, the provisions relating to remuneration of Law bailiffs. 50/1996 on staff salaries and other entitlements of the judiciaries ****), republished in the Official Gazette of Romania, Part I, no. 563 of 18 November 1999 amended and supplemented, and any contrary provisions.

__________ ****) Subsequently repealed by Government Ordinance no. 8/2007 regarding the remuneration of auxiliary personnel in courts and prosecutors' offices attached to them, as well as from other units of the judiciary, published in the Official Gazette of Romania, Part I, no. 72 of 31 January 2007, approved with amendments by Law no. 247/2007, as amended and supplemented.
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