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Law No. 76 Of 24 May 2012 For The Implementation Of Law No. 134/2010 On The Code Of Civil Procedure

Original Language Title:  LEGE nr. 76 din 24 mai 2012 pentru punerea în aplicare a Legii nr. 134/2010 privind Codul de procedură civilă

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LEGE no. 76 76 of 24 May 2012 (* updated *) for the implementation of Law no. 134/2010 on the Code of Civil Procedure ((updated until 19 October 2014 *)
ISSUER PARLIAMENT




----------------- *) The updated form of this normative act until October 19, 2014 is carried out by the legal department of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt by including all modifications and additions made by EMERGENCY ORDINANCE no. 44 44 of 23 August 2012 ; EMERGENCY ORDINANCE no. 4 4 of 30 January 2013 ; LAW no. 2 2 of 1 February 2013 ; LAW no. 214 214 of 28 June 2013 ; LAW no. 138 138 of 15 October 2014 . The content of this act is not an official document, being intended to inform users The Romanian Parliament adopts this law + Title I General provisions + Article 1 This Law contains the provisions for the implementation of Law no. 134/2010 on the Code of Civil Procedure, hereinafter referred to as the Code of Civil Procedure, having as main object the agreement of the existing civil procedural legislation with its provisions, as well as the resolution of the conflict of laws resulting from the entry into force of the Civil Procedure Code. + Article 2 Whenever special or complementary laws of the Code of Civil Procedure refer to the "Codicele of Civil Procedure" (or "Code of Civil Procedure"), hereinafter referred to as the Civil Procedure Code of 1865, or to repealed, amended provisions or supplemented by this law, the reference shall be deemed to be made, where appropriate, to the corresponding provisions which replace them. + Title II Transitional and implementing provisions + Chapter I Transitional provisions + Article 3 (1) The provisions of the Code of Civil Procedure shall apply only to the processes and foreclosures started after its entry into force. (2) Processes started by applications filed, under the law, in the mail, military units or holding places before the date of entry into force of the Code of Civil Procedure remain subject to old law, even if registered with the court after this date. + Article 4 Art. 614 of the Code of Civil Procedure applies only to foreclosures started after the entry into force of the Code of Civil Procedure. + Article 5 The provisions of the Code of Civil Procedure relating to enforceable securities shall also apply to judgments or other written documents, or, where appropriate, drawn up before the entry into force of the Code of Civil Procedure, which may be entered in the execution even if they were not invested with the enforceable formula. + Article 6 The procedural deadlines provided for by the special laws, pending on the date of entry into force of the Code of Civil Procedure, remain subject to the law in force on the date on which they began to run. + Chapter II Implementing provisions + Article 7 (1) If by this law it is not provided otherwise, whenever by a special law it is stipulated that the court decision of first instance is "final", from the date of entry into force of the Code of Civil Procedure, it shall be subject only appeal to superior hierarchical court. (2) Provisions of para. (1) shall also apply if by a special law it is stipulated that the court decision of first instance is "subject to appeal" or that "it may be appealed with appeal" or, as the case may be, the special law uses another similar expression. ((3) Provisions of para. ((1) and (2) shall not apply in matters of administrative and fiscal matters, including in matters of asylum. + Article 8 From the date of entry into force of the Code of Civil Procedure, the references in the normative acts to the "final and irrevocable" court decision or, as the case may be, "irrevocable" will be understood as made to the court decision "" definitive. " + Article 9 If the special law does not include provisions relating to the trial procedure, the manner of the court's decision or the appeal and the term of its exercise, the provisions of the Code of Civil Procedure shall be applied accordingly. + Article 10 Whenever a normative act provides for the investiture with the enforceable formula of a court decision or another inscription, they will be executed, from the date of entry into force of the Code of Civil Procedure, without the need investing with the executory formula. + Article 11 If the special law provides for obliging the debtor to pay the periodic damages or, as the case may be, a civil fine for non-compliance with an obligation to do or not to do that cannot be fulfilled by person other than the debtor, from The entry into force of the Code of Civil Procedure will be possible to apply penalties under the conditions provided in art. 894 of the Code of Civil Procedure. + Article 12 (1) Whenever the special law provides that the application for suspension of enforcement is settled by the president of the court, from the date of entry into force of the Code of Civil Procedure, the adjudication of this request will be made by a complete of the competent court according to law (2) Provisions of para. ((1) shall also apply to applications for suspension of the execution of a judicial decision, a decision rendered by an organ with judicial activity or, as the case may be, another enforceable title, if they are attacked in the judiciary. + Article 12 ^ 1 Unless otherwise provided by law, the provisions of art. 200 of the Code of Civil Procedure concerning the verification of the application and its regularisation shall not apply to procedural incidents nor to special procedures which are not compatible with these provisions. ---------- Article 12 ^ 1 was introduced by item 1. 1 1 of art. VII of LAW no. 138 138 of 15 October 2014 , published in MONITORUL OFFICIAL no. 753 753 of 16 October 2014. + Article 12 ^ 2 The meeting is not mandatory in procedural incidents, if by law it is not provided otherwise. ---------- Article 12 ^ 2 was introduced by the section 1 1 of art. VII of LAW no. 138 138 of 15 October 2014 , published in MONITORUL OFFICIAL no. 753 753 of 16 October 2014. + Article 12 ^ 3 By the phrase "president of the court" in art. 937 and by the term "president" of art. 944, of the Code of Civil Procedure, is understood "the president of the court panel". ---------- Article 12 ^ 3 was introduced by the section 1 1 of art. VII of LAW no. 138 138 of 15 October 2014 , published in MONITORUL OFFICIAL no. 753 753 of 16 October 2014. + Title III Amending and supplementing certain provisions of the Law no. 134/2010 on the Code of Civil Procedure + Article 13 Law no. 134/2010 on the Civil Procedure Code *), published in the Official Gazette of Romania, Part I, no. 485 of 15 July 2010, shall be amended and supplemented as follows: --------------- *) NOTE C.T.C.E. S.A. Piatra-Neamt: Law no. 134/2010 on the Code of Civil Procedure was republished in the OFFICIAL GAZETTE no. 545 545 of 3 August 2012. 1. In Article 2, paragraph 2 shall be amended and shall read as follows: "(2) The provisions of this Code shall also apply in other matters to the extent that the laws governing them do not contain contrary provisions." 2. Article 2 (3) shall be repealed. 3. Article 4 is amended and shall read as follows: "" Art. 4 Priority application of European Union law In matters covered by this Code, binding rules of European Union law shall apply as a matter of priority, irrespective of the quality or status of the parties. " 4. Article 5 is amended and shall read as follows: "" Art. 5 Duties on the receipt and settlement of applications (1) Judges have the duty to receive and settle any request for the jurisdiction of the courts, according to the law. (2) No judge may refuse to judge on the grounds that the law does not provide, is unclear or incomplete. (3) If a cause cannot be solved either on the basis of the law or of the usages, and in the absence of the latter, nor on the basis of the legal provisions relating to similar situations, it will have to be judged on the basis of the general principles of the right, taking into account all its circumstances and taking into account the requirements of fairness. (4) It is forbidden for the judge to lay down generally binding provisions by the judgments he pronounces in the cases which are subject to his judgment. " 5. In Article 18, paragraph 3 shall be amended and shall read as follows: "(3) Foreign citizens and stateless persons who do not understand or speak Romanian have the right to become aware of all the documents and works of the file, to speak in court and to put conclusions, through authorized translator, if the law does not provide otherwise." 6. in Article 22, after paragraph 6, a new paragraph (7) is inserted, with the following contents: "(7) Whenever the law reserves the judge the power of discretion or asks him to take into account all the circumstances of the case, the judge shall take into account, inter alia, the general principles of law, the requirements of fairness and good faith." 7. In Article 26, paragraph 1 shall be amended and shall read as follows: "" Art. 26 (1) The law governing the conditions of admissibility and the proving power of preconstituted evidence and legal presumptions is the one in force on the date of occurrence or, as the case may be, of the commission of the legal acts that are subject to probation. " 8. In Article 28, paragraph 1 shall be amended and shall read as follows: "" Art. 28 (1) The provisions of the procedural law shall apply to all processes that are adjudicated by the Romanian courts, subject to legal provisions to the contrary. " 9. Article 32 (1), point a) shall be amended and shall read as follows: "a) has legal capacity, under the law;". 10. After Article 35, a new article is inserted, Article 35 ^ 1, with the following contents: "" Art. 35 35 ^ 1 Standing up The procedural quality results from the identity between the parties and the subjects of the litigious legal relationship, as this is inferred from the judgment. The existence or non-existence of the rights and obligations asserted is a matter of substance. " 11. Article 40 (3) shall be repealed. 12. In Article 41 (1), point 1 is amended and shall read as follows: "" 1. when he has previously expressed his opinion on the solution in question which he has been appointed to judge. Putting into the discussion of the parties, ex officio, issues of fact or law, according to art. 14 14 para. ((4) and (5), do not make the judge incompatible; ". 13. In Article 41 (1), a new point shall be inserted after point 1, point 1 ^ 1, with the following contents: "" 1 ^ 1. when there are circumstances that make it justified to fear that he, his husband, the ascendants or their descendants or their affins, as the case may be, have an interest in the matter in question; ". 14. In Article 42, paragraph 1 shall be amended and shall read as follows: "" Art. 42 (1) Before the first court term the hearing clerk will verify, on the basis of the case file, whether the judge is in any of the cases of incompatibility provided in art. 40 and, when appropriate, shall draw up an appropriate reference. " 15. Article 44 is amended and shall read as follows: "" Art. 44 Invoking absolute incompatibility In the cases provided in art. 40, the judge cannot participate in the judgment, even if he did not abstain or was not recused. The irregularity can be invoked in any condition of the cause. " 16. In Article 63, paragraph 4 shall be amended and shall read as follows: " (4) The conclusion of rejection as inadmissible of the application for intervention can be appealed within 5 days, which flows from the pronouncement for the present part, respectively from the communication for the missing part. The appeal is only the appeal, if the conclusion was given in the first instance, respectively only the appeal to the higher hierarchical court, if the conclusion was handed down on appeal. The file shall be submitted, in certified copy for compliance with the original, to the competent court to resolve the appeal within 24 hours after the expiry of the term. Meeting is not mandatory. The appeal or, as the case may be, the appeal shall be adjudicated no later than 10 days after registration. The judgment of the main application shall be suspended until the appeal against the conclusion of rejection as inadmissible of the application for intervention is resolved. " 17. In Article 64, paragraph 2 shall be amended and shall read as follows: " (2) The Intervenient will take over the procedure in the state in which it is at the time of admission of the intervention, but will be able to request the administration of evidence by the request for intervention or at the latest until the first court term subsequent to the application Intervention. The subsequent acts of procedure will also be fulfilled towards him. " 18. In Article 73, paragraph 1 shall be amended and shall read as follows: "" Art. 73 (1) The court shall communicate to the one called in guarantee the request and copies of the documents accompanying it, as well as copies of the request for appeal, welcome and from the documents on file. " 19. In Article 76, paragraph 1 shall be amended and shall read as follows: "" Art. 76 (1) The application, together with the documents accompanying it and a copy of the request for appeal, from the meeting and from the documents on the file, will be communicated to the one shown as the holder of the right. " 20. In Article 78, paragraph 1 shall be amended and shall read as follows: "" Art. 78 (1) The one entered in the process will be quoted, with the summons communicated to him, in copy, and the conclusion provided in art. 77 77 para. ((3), the application for appeal, the meeting, as well as the documents attached to them. The citation will also be communicated the deadline by which it will be able to show the exceptions, the evidence and the other means of defense that it understands to use; the term will not be longer than the court term granted in question. " 21. in Article 89, after paragraph 3, a new paragraph (4) is inserted, with the following contents: "(4) Legal persons may benefit from facilities in the form of discounts, instalments or deferrals for the payment of stamp court fees due for actions and applications brought to the courts, under the special law." 22. After Article 89, a new article is inserted, Article 89 ^ 1, with the following contents: "" Art. 89 89 ^ 1 Special provisions The provisions contained in special laws on tax relief, tariffs, commissions or cautions for applications, actions and any other measures taken for the administration of tax receivables remain applicable. " 23. In Article 92, point 1, point a) is amended and shall read as follows: "a) the requests given by the Civil Code in the jurisdiction of the guardianship and family court, apart from the cases in which the law expressly provides otherwise;". 24. Article 92 (1), (b) and (c) shall be repealed. 25. in Article 92, paragraph 1, points g), j) and l) shall be amended and shall read as follows: " g) applications relating to common walls and ditches, the distance of construction and plantations, the right of passage, and to any servitude or other limitations of the property right provided for by law, established by parties or established by way of the court; .......................................................................... j) requests for obligations to do or not to do unevaluable in money, regardless of their contractual or extracontractual source, except for those given by law in the jurisdiction of other courts; .......................................................................... l) any other evaluable requests in money worth up to 200,000 lei inclusive, regardless of the quality of the parties, professionals or non-professionals; ". 26. In Article 92, a new point shall be inserted after point 1, point 1 ^ 1, with the following contents: "" 1 ^ 1. in the first and last instance, the claims on claims having as their object the payment of a sum of money of up to 2,000 lei inclusive; ". 27. In Article 93, point 1 is amended and shall read as follows: "1. in the first instance, all applications that are not given by law in the jurisdiction of other courts;". 28. In Article 94, point 1 is amended and shall read as follows: "1. in the first instance, applications in matters of administrative and fiscal litigation, according to the special law;". 29. In Article 96, paragraph 2 shall be amended and shall read as follows: " (2) In order to determine the value, the accessories of the main claim, such as interest, penalties, fruits, expenses or the like, regardless of the maturity date, and the periodic benefits at maturity, shall not be considered. the course of judgment. " 30. Article 106 is amended and shall read as follows: "" Art. 106 Defendant's case with domicile or unknown premises If the domicile or, as the case may be, the seat of the defendant is unknown, the application shall be entered at the court in whose constituency the residence or its representative is located, and if it has no known residence or representative, at the court in whose the applicant's constituency has its domicile, seat, residence or representative, as the case may be. ' 31. Article 109 is amended and shall read as follows: "" Art. 109 Requests directed against legal persons governed by public law Requests directed against the state, central or local authorities and institutions, as well as other legal persons under public law may be brought to the court from the applicant's domicile or headquarters or to the court at the defendant's headquarters. " 32. In Article 110, a new paragraph (2) is inserted, with the following contents: "(2) If a defendant has been brought to trial only for the purposes of referral to the competent court for him, any of the defendants may invoke the first term of judgment to which the parties are legally quoted before the first instance." 33. In Article 111 (1), point 3 is amended and shall read as follows: "3. the court of the place provided in the contract for the execution, or even in part, of the obligation, in the case of applications for the execution, cancellation, resolution or termination of a contract;". 34. After Article 111, a new article is inserted, Article 111 ^ 1, with the following contents: "" Art. 111 111 ^ 1 Applications for guardianship and family (1) If the law does not provide otherwise, the requests for the protection of the natural person given by the Civil Code in the jurisdiction of the guardianship and family court shall be settled by the court in whose territorial constituency the person ocrotitis. ((2) In the case of applications for the authorization by the court of guardianship and the family of the conclusion of legal acts, when the legal act whose authorization is requested concerns a building, it is also the jurisdiction and the court in whose constituency territorial is located the building. In this case, the court of guardianship and the family that has delivered the judgment shall immediately communicate a copy of it to the court of guardianship and family in whose territorial constituency it has its domicile or the protected residence. " 35. In Article 112 (1), point 1 is amended and shall read as follows: "1. domicile or seat of the insured;". 36. In Article 112, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: "(2 ^ 1) In the matter of compulsory insurance of civil liability, the prejudiced third party may also introduce direct action to the court of residence or, as the case may be, its headquarters." 37. In Article 115, a new paragraph (2) is inserted, with the following contents: " (2) Applications made according to par. (1) which concern several successive open legacies are the exclusive jurisdiction of the court of the last domicile of any of the deceased. " 38. Article 116 is amended and shall read as follows: "" Art. 116 Applications for companies Applications in matters of society, until the end of the liquidation or, as the case may be, until the deregistration of the company, are of exclusive jurisdiction of the court in the constituency to which the company is headquartered. " 39. In book I Title III, Chapter III, before Article 119, a new article shall be inserted, Article 118 ^ 1, with the following contents: "" Art. 118 118 ^ 1 Rules of jurisdiction rules New rules of jurisdiction may be established only by amending the rules of this Code. " 40. In Article 123, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 123 (1) If a judge has the status of a claimant in a request for the jurisdiction of the court to which he operates, he will refer one of the courts of the same degree in the constituency of any of the neighbouring courts of appeal with the court of appeal in whose constituency the court is located to which it operates. (2) If the application is brought against a judge who operates at the competent court to judge the case, the complainant may refer one of the courts of the same degree in the constituency of either of the neighbouring courts of appeal with the court of appeal in whose constituency the court was which would have been competent, according to the law. " 41. In Article 126, paragraphs 1 to 3 shall be amended and shall read as follows: "" Art. 126 (1) The general petition of the courts may be invoked by the parties or by the judge in any state of the matter. (2) The material and territorial jurisdiction of public order must be invoked by the parties or by the judge at the first trial term to which the parties are legally quoted before the first court. ((3) Necompetence of private order may be invoked only by the defendant by greeting or, if the encounter is not mandatory, at the latest at the first term of judgment to which the parties are legally quoted before the first court. " 42. After Article 126 a new article is inserted, Article 126 ^ 1, with the following contents: "" Art. 126 126 ^ 1 Competence check (1) At the first court term to which the parties are legally quoted before the first court, the judge is obliged, ex officio, to verify and determine whether the court seised is the general, material and territorial jurisdiction to judge the case, recording in the conclusion of the meeting the grounds of law for which it finds the jurisdiction of the court seised. The conclusion is interlocutory. (2) Exceptionally, if further clarification or evidence is required for the establishment of competence, the judge will put this matter in the discussion of the parties and grant a single term for this purpose. " 43. In Article 127, paragraph 1 is amended and shall read as follows: "" Art. 127 (. When the court of law discusses its jurisdiction, ex officio or at the request of the parties, it shall be obliged to establish the competent court or, where appropriate, another body with judicial activity. competent. " 44. In Article 127, after paragraph 3, a new paragraph (4) is inserted, with the following contents: " (4) If the court declares itself non-competitive and rejects the application as inadmissible as it is within the jurisdiction of an organ without judicial activity or as being not within the jurisdiction of the Romanian courts, the judgment is subject only to the appeal to the court superior hierarchical. " 45. In Article 130, paragraphs 2 and 4 shall be amended and shall read as follows: " (2) No conflict of jurisdiction can be created with the High Court of Cassation and Justice. The judgment of disclaimer of jurisdiction or the establishment of jurisdiction handed down by the High Court of Cassation and Justice is binding on the referring court. .......................................................................... (4) The competent court shall judge the conflict, in the chamber of council, without the citation of the parties, by a final decision. " 46. In Article 131, paragraph 3 shall be amended and shall read as follows: "(3) The conflict between two sections of the High Court of Cassation and Justice shall be settled by the Panel of 5 Judges." 47. In Article 137, paragraph 1 shall be amended and shall read as follows: "" Art. 137 (1) The request for resettlement based on the grounds of legitimate suspicion is within the jurisdiction of the appellate court, if the court from which the resettlement is required is a court of law or a court in its constituency. If the displacement is required from the court of appeal, the jurisdiction of settlement lies with the High Court of Cassation and Justice. The request for resettlement shall be submitted to the competent court to settle it, which shall immediately notify the court from which the displacement of the request for resettlement has been requested. " 48. In Article 140, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 140 (1) In case of admission of the request for resettlement, the court of appeal sends the trial to the judgment of another court of the same degree in his constituency. The High Court of Cassation and Justice will displace the trial of the case at one of the same degree courts in the constituency of any of the adjoining courts of appeal with the appellate court in whose constituency the court of to which displacement is required. (2) The judgment will show to what extent the acts fulfilled by the court before the displacement are to be preserved. If the court from which the resettlement was ordered has since proceeded to trial the trial, the judgment delivered shall be abolished by law by the effect of the admission of the request for resettlement. " 49. Article 141 is amended and shall read as follows: "" Art. 141 Formulation of a new request for resettlement (1) The completion of the process may not be required again, unless the new application is based on circumstances unknown at the date of the settlement of the previous application or arising after its resolution. (2) The request for resettlement of the case introduced with non-compliance with the provisions ((1) is inadmissible if the case is pending before the same court. " 50. In Article 143, paragraph 1 shall be amended and shall read as follows: "" Art. 143 (1) Any application to the courts must be made in writing and shall include the indication of the court to which the name, surname, domicile or residence of the parties or, as the case may be, their name and place of residence, the name and the the surname, domicile or residence of their representatives, if applicable, the object, the value of the claim, if applicable, the reasons for the request, and the signature The application shall also include, where appropriate, the electronic address or the coordinates which have been indicated for this purpose by the parties, such as the telephone number, the fax number or the like. ' 51. In Article 143, after paragraph 1, two new paragraphs are inserted, paragraphs 1 ^ 1 and 1 ^ 2, with the following contents: " (1 ^ 1) Applications addressed, personally or by representative, to the courts may also be formulated by registered in electronic form, if the conditions provided by law are met. ((1 ^ 2) Provisions of para. ((1 ^ 1) shall be duly applicable and where this Code provides for the written form of the submissions, defences or conclusions of the parties or other procedural acts addressed to the courts. " 52. In Article 144, after paragraph 2, two new paragraphs are inserted, paragraphs 3 and 4, with the following contents: " (3) If the obligation provided in par. ((1) is not fulfilled, the court will be able to perform ex officio or it will be able to charge any of the parties with this obligation, at the expense of the party who had this obligation. (4) If the request has been communicated, according to the law, by fax or by electronic mail, the Registrar of the meeting is kept to prepare ex officio copies of the request, at the expense of the party who had this obligation. Art. 149 149 para. ((6) remain applicable. " 53. Article 149 (4) shall be amended and shall read as follows: "" (4) If the communication according to par. (1) is not possible, it will be done by post, with registered letter, with declared content and acknowledgement of receipt, in closed envelope, to which the proof of receipt/the minutes and the notice provided in art. 158 158. " 54. In Article 149, after paragraph 7, a new paragraph (8) is inserted, with the following contents: " (8) In order to obtain the data and information necessary to carry out the procedure of communication of the subpoenas, other procedural documents, as well as to the performance of any task of the judgment, the courts have direct access to electronic databases or other information systems held by public authorities and institutions. They are required to take the necessary measures to ensure the direct access of the courts to the electronic databases and information systems held. " 55. Article 152 (1), letter f) shall be amended and shall read as follows: " f) the quality of that quoted; '. 56. In Article 152 (1), after letter h) a new letter, letter h ^ 1) is inserted, with the following contents: " h ^ 1) the mention that, by handing over the citation, under the signature of receipt, personally or by legal or conventional representative or by the official or person responsible for receiving the correspondence for a trial term, the quoted one shall be considered that he has in his knowledge and the terms of the subsequent judgment for which the subpoena was handed to him; ". 57. Article 152 (2) shall be amended and shall read as follows: " (2) In the citation, any data necessary for determining the address of the quoted person shall be mentioned, as well as if the citation is made with the call for questioning or if the quoted one is obliged to submit certain documents or if it is communicated to him with the citation other procedural documents. In cases where the encounter is not mandatory, the citation will mention the defendant's obligation to prepare his defense for the first term of judgment, proposing the evidence he understands to use, under the sanction provided by law, which will be expressly indicated. " 58. Article 157 is amended and shall read as follows: "" Art. 157 Handing out made to other people (1) Inmanation of citations and all procedural documents in the cases provided in art. 150 150 para. ((1) pt. 1 1-5 and point 12 or when the act is to be handed to a lawyer, notary public or bailiff may be made to the official or to the person responsible for receiving the correspondence, who will sign the proof. In their absence, the delivery of the citation or procedural documents will be made to the administrator of the building, and, in absentia, to the guard or security guard, who will sign the minutes drawn up for this purpose by the agent, after the latter has certificate in advance its identity and quality. (2) In the cases provided in art. 156 156 para. (4)-(7), the unit where the quoted is located will immediately hand him the citation or, as the case may be, the act of procedure communicated under the proof, certifying his signature or showing the reason why his signature could not be obtained. In the latter case the case will be made according to par. ((1). The proof will be handed over to the agent or will be sent directly to the court, if the delivery of the citation could not be made immediately. " 59. In Article 158 (3), the introductory part and letter f) shall be amended and shall read as follows: " (3) If the recipient refuses to receive the summons, the agent will deposit it in the mailbox. In the absence of the mailbox, it will display on the door of the recipient's home a notice to include: ........................................................................ f) the mention that after a day, but no later than 7 days after the display of the notice or, when there is an emergency, no later than 3 days, the recipient is entitled to appear at the court's headquarters to have his citation communicated. When the domicile or residence or, as the case may be, its premises are not located in the locality where the court is based, the notice will include the mention that in order to be communicated the citation the recipient is entitled to appear at the premises the city hall in whose territorial area it resides or is based; '. 60. Article 160 is amended and shall read as follows: "" Art. 160 Date of procedure The procedure shall be deemed fulfilled: 1. on the date of signature of the proof of delivery or, as the case may be, of the conclusion of the minutes provided in art. 159, whether or not the party has received the subpoena or other personal procedural document; 2. in the case of citation or communication of another act of procedure carried out by post or courier quickly, according to art. 149 149 para. ((4) and (5), the procedure shall be deemed fulfilled at the date of signature by the party of the confirmation of receipt or of the record, according to art. 158, by the postal officer or by the courier of his refusal to receive correspondence; 3. in the case of citation or communication of another act of procedure carried out according to 149 149 para. ((6), the procedure shall be deemed fulfilled on the date shown on the printed copy of the confirmation of dispatch, certified by the Registrar who made the transmission. " 61. In Article 174, paragraph 1 shall be amended and shall read as follows: "" Art. 174 (1) The act of a null or void procedure shall be abolished, in whole or in part, from the date of its fulfilment. " 62. Article 178 is amended and shall read as follows: "" Art. 178 Documents submitted to the post, specialized courier services, military units or holding places (1) The procedural document submitted within the period prescribed by the law by registered letter to the post office or submitted to a courier service quickly or to a specialized communication service is counted to be made within the deadline. (2) The act submitted by the interested party within the period provided by law at the military unit or at the administration of the holding place where this party is located is also considered as done in the term. (3) In the cases provided in par. ((1) and (2), the container of the post office, as well as the registration or attestation made, as the case may be, by the rapid courier service, by the specialized communication service, by the military unit or by the administration of the place of possession, on the as proof of the date of submission of the act by the interested party 63. In Article 182 (1) (1), after letter e), a new letter, letter f) is inserted, with the following contents: "f) the refusal of the party to appear at the briefing on the advantages of mediation, in the situations in which he accepted, according to the law;". 64. In Article 187, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "(1 ^ 1) The process begins by registering the application to the court, under the law." 65. In Article 188, paragraph 3 shall be amended and shall read as follows: " (3) Upon referral to the court with the debate of the succession procedure, the plaintiff will file an end issued by the public notary on the verification of the succession records provided for by the Civil Code. In this case, failure to perform the prior procedure will be invoked by the court, ex officio, or by the defendant. " 66. In Article 189, letters a), b) and e) shall be amended and shall read as follows: "" a) the name and surname, domicile or residence of the parties or, for legal persons, their name and seat. The application will also include the personal numerical code or, as the case may be, the unique registration code or the tax identification code, the registration number in the trade register or the registration in the register of legal entities and the bank account of the complainant, as well as of the defendant, if the parties possess or have been assigned these elements of identification according to the law, in so far as they are known to the complainant. Art. 143 143 para. ((1) the second sentence is applicable. If the applicant lives abroad, he will also show the domicile chosen in Romania where all the communications on the process are to be made; b) the name, surname and quality of the one representing the part in the process, and in the case of representation by lawyer, name, surname and professional headquarters. Art. 143 143 para. ((1) the second sentence shall be duly applicable. Proof of the quality of representative, in the form provided for in 146, will join the application; ....................................................................... e) showing the evidence on which each end of the application is supported. When proof is made by documents, the provisions of art. 145 145. When the claimant wishes to prove his or her request or any of its heads by questioning the defendant, he shall ask for his or her appearance, if the defendant is a natural person. In cases where the law provides that the defendant will respond in writing to the questioning, he will be attached to the request for a summons. When proof of witnesses is required, the names, surnames and address of witnesses, the provisions of art. 143 143 para. ((1) the second sentence being properly applicable; '. 67. Article 194 is amended and shall read as follows: "" Art. 194 Application Registration (1) The application for a summons, submitted in person or by representative, arrived by mail, courier, fax or scanned and transmitted by electronic mail or by registered in electronic form, shall be registered and received the date required by application Entry stamp. (2) After registration, the application and the accompanying documents, to which they are attached, where applicable, the evidence of how they were transmitted to the court, shall be handed over to the president of the court or to the person designated by him, who shall immediately take measures in order to randomly establish the court panel, according to the law. " 68. In Article 196, paragraphs 1 and 3-(6) shall be amended and shall read as follows: "" Art. 196 (1) The judge, as soon as he finds that the conditions provided by law for the application for appeal are fulfilled, orders, by resolution, its communication to the defendant, considering that he has the obligation to submit a welcome, under the sanction provided by the law, which will be expressly indicated, within 25 days from the communication of the request for appeal, under the conditions of art. 160. ....................................................................... (3) Within 3 days from the date of submission of the response to the meeting, the judge shall fix by resolution the first trial term, which shall be no more than 60 days from the date of the resolution, ordering the citation of the parties. (4) If the defendant did not submit a meeting within the period provided in par. (1) or, as the case may be, the applicant has not communicated a response to the meeting within the period provided in par. (2), at the expiry date of the corresponding period, the judge shall fix by resolution the first trial term, which shall be no more than 60 days from the date of the resolution, ordering the citation of the parties. (5) In urgent processes, the deadlines provided in par. ((1)-(4) may be reduced by the judge depending on the circumstances of the case. (6) If the defendant resides abroad, the judge will fix a longer, reasonable period in relation to the circumstances of the case. The citation will be made in compliance with the provisions of 151 151. " 69. In Article 199, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) The amendment of the application for appeal over the period provided in par. ((1) may take place only with the express consent of all parties. " 70. Article 200 (2), letter a) shall be amended and shall read as follows: "" a) the name and surname, personal identification number, domicile or residence of the defendant or, for legal persons, the name and the premises, and, where applicable, the unique registration code or the tax identification code, the registration number in the register of trade or enrolment in the register of legal persons and the bank account, if the claimant did not mention them in the application for legal proceedings. Art. 143 143 para. ((1) the second sentence shall be duly applicable. If the defendant lives abroad, he will also show the domicile chosen in Romania, where all the communications on the process are to be made; ". 71. In Article 201, paragraph 2 shall be amended and shall read as follows: " (2) At the welcome will join the same number of certified children on the documents they are supporting, as well as a row of children for the court. Art. 144 144 para. ((1), (3) and (4) and art. 145 145 are applicable. ' 72. In Article 210, paragraph 1 shall be amended and shall read as follows: "" Art. 210 (1) For each court hearing a list shall be drawn up with the processes that are debated on that day, which will be displayed on the court portal and at the door of the meeting room at least one hour before its start. The list will also include the indicative time frames fixed for the call of causes. Art. 215 215 are applicable. ' 73. Article 222 is amended and shall read as follows: "" Art. 222 Personal presence of the parties for the amicable settlement of the dispute (1) Throughout the course of the trial, the judge will try to reconcile the parties, giving them the necessary guidance, according to the law To this end, he will seek the personal appearance of the parties, even if they are represented. Art. 236 236 para. ((3) are applicable. (2) In disputes which, according to the law, may be the subject of the mediation procedure, the judge may invite the parties to attend an information meeting on the advantages of using this procedure. When deemed necessary, taking into account the circumstances of the case, the judge will recommend that the parties resort to mediation, in order to settle the dispute amicably, at any stage of the judgment. Mediation is not mandatory for the parties. ((3) If the judge recommends mediation, the parties will appear at the mediator, in order to inform them about the advantages of mediation. After disclosure, the parties decide whether or not to accept the dispute settlement through mediation. Until the deadline fixed by the court, which may not be less than 15 days, the parties shall submit the minutes drawn up by the mediator on the outcome of the information meeting. (4) The provisions of par. ((3) are not applicable if the parties have tried to resolve the dispute through mediation prior to the introduction of the action. (5) If, under the conditions of par. (1) or (2), the parties shall reconcile, the judge shall ascertain their agreement in the judgment which he shall give. Art. 434 434 are applicable. ' 74. In Article 224, paragraph 1 is amended and shall read as follows: "" Art. 224 (1) The party that submitted the application personally or through the trustee and took the term to the notice, as well as the party that was present at a court term, personally or through a legal or conventional representative, even not empowered with the right to knows the term, will not be cited throughout the trial at that court, considering that she knows the subsequent court terms. These provisions are also applicable to the party to whom, personally or through legal or conventional representative or through the official or person in charge of receiving correspondence, he was served the summons for a trial term, considering himself that, in this case, she also knows the terms of the subsequent court for which the subpoena was handed to her. " 75. Article 225 is amended and shall read as follows: "" Art. 225 Change of time The term of judgment may be changed only for reasons of sound, ex officio or at the request of either party. The trial panel vested with the trial of the case decides in the council chamber, without citing the parties. The parties will be immediately quoted for the new deadline. Art. 236 236 para. ((3) are applicable. " 76. In Article 229, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "" (3) If the appeal is declared or, where appropriate, an appeal against a conclusion as to which there is a contentious issue on the admissibility of the separate appeal of the conclusion, the application for the exercise of the appeal shall be submitted. the superior court along with a copy of the conclusion under appeal, certified by the court Registry. If the court of judicial review finds the admissibility of the appeal, it will ask the court that pronounced the conclusion appealed to submit the case file, under the conditions of para. ((2). ' 77. In Article 236, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: " (2 ^ 1) The judges will order the verification of the citation and communication procedures ordered for each term. When appropriate, the court will order the measures to restore these proceedings. Apart from these measures, the court will be able to order the parties to make themselves and by telephone, telegraphically, by fax, electronic mail or by any other means of communication that ensures, as the case may be, the transmission of the text of the the communication or notification for the term presentation, as well as the confirmation of receipt of the act, respectively of the notice, if the parties have indicated the appropriate data for this purpose. If the knowledge was made by phone, the clerk will draw up a reference in which he will show the way of his knowledge and object. " 78. In Article 236, paragraph 4 shall be amended and shall read as follows: " (4) When necessary for the performance of the duties provided in par. (3), the parties, experts, translators, interpreters, witnesses and any other participants in the process may be informed according to par. ((2 ^ 1). ' 79. After Article 236, a new article is inserted, Article 236 ^ 1, with the following contents: "" Art. 236 236 ^ 1 Suspension of the case (1) When it finds that the normal conduct of the trial is prevented from the plaintiff's fault, by failing to fulfill the obligations established in the course of the judgment, according to the law, the judge may suspend the judgment, pointing at have not been respected. Art. 184 184 are applicable. (2) At the request of the party, the judgment will be resumed if the obligations to which paragraph refers. (1) have been fulfilled and, according to the law, it may continue. " 80. Article 245 is amended and shall read as follows: "" Art. 245 Lack of duty to sample No one is held to prove what the court is held to take notice of its own motion. " 81. In Article 246, paragraph 2 shall be amended and shall read as follows: " (2) Textiles not published in the Official Gazette of Romania or in another specific way provided by law, conventions, treaties and international agreements applicable in Romania, which are not integrated into a law text, as well as customary international law must be proved by the interested party. " 82. In Article 246, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "(3) The normative provisions contained in classified documents may be proven and consulted only under the conditions provided by law." 83. Article 247 is amended and shall read as follows: "" Art. 247 Possibility of public knowledge The court may take notice of the law of a foreign state, provided that it is invoked. The proof of foreign law is made according to the provisions of the Civil Code regarding the content of 84. In Article 248, paragraph 4 is amended and shall read as follows: " (4) In case of postponement, for the reasons provided in par. (2), the party shall be obliged, under penalty of forfeiture of the right to administer the approved sample: a) to submit the list of witnesses within 5 days from the consent of the sample, when the test with witnesses is requested; b) to submit certified copies of the documents invoked at least 5 days before the deadline fixed for the judgment, if the evidence with documents was approved; c) to submit the questioning within 5 days from the consent of this evidence, in cases where the questioning must be communicated, according to the law; d) to submit proof of payment of the expenses necessary to carry out the expertise, within 5 days from the appointment of the expert or within the deadline set by the court according to the provisions of 325 325 para. ((2), if the test of the expertise has been approved. " 85. In Article 249, paragraph 3 shall be amended and shall read as follows: " (3) The parties, the deontological rules and the practices established between the parties must be probed, under the law, by the one who invokes them. Local regulations and regulations must be proved by the one who invokes them only at the court's request 86. Article 270 shall be repealed. 87. After Article 271 a new article is inserted, Article 271 ^ 1, with the following contents: "" Art. 271 271 ^ 1 Documents drawn up by professionals (1) Provisions art. 268 and 269 do not apply in the relationships between professionals. (2) Unsigned registration, but commonly used in the exercise of the business of an undertaking to ascertain a legal act, shall provide proof of its contents, unless the law imposes the written form for the very proof of the legal act. ((3) The registration under the private signature drawn up in the exercise of the activity of an enterprise is presumed to have been made on the date recorded in its contents. In this case, the date of registration under private signature can be combated with any means of proof. (4) If the registration provided in par. ((3) it shall not contain any date, it may be established in the relations between the parties with any means of proof. " 88. In Article 292, paragraph 2 shall be amended and shall read as follows: " (2) The authority or the holding public institution shall be entitled to refuse to send the document when it relates to national defence, public security or diplomatic relations. Partial extracts will be able to be sent if none of these reasons oppose it. Art. 246 246 para. ((3) shall apply accordingly. '; 89. In Article 303 (4), point 5 is amended and shall read as follows: "5. the legal act is attacked for fraud, error, dol, violence or is hit by absolute nullity for the illicit or immoral cause, as the case may be;". 90. Article 319 is amended and shall read as follows: "" Art. 319 Suspicion of false testimony If, from the research, the suspicions of false testimony or bribery of the witness emerge, the court will conclude a report and refer the matter to the competent prosecution body. " 91. In Article 325, paragraphs 2 and 3 shall be amended and shall read as follows: " (2) The conclusion of the appointment of the expert will determine the objectives on which he is to rule, the term in which he must carry out the expertise, the provisional fee of the expert and, if applicable, the advance for travel expenses. To this end, the court may fix a hearing in the council chamber, in which it will ask the expert to estimate the cost of the work to be carried out, and the deadline necessary to carry out the expertise. Thus, the court can fix a short term for when it will ask the expert to estimate in writing the cost of the work to be carried out, as well as the deadline necessary to carry out the expertise. The position of the parties will be recorded in conclusion. Depending on the position of the expert and the parties, the court will fix the deadline for submitting the expert report and the conditions for paying the necessary costs to carry out the expertise. (3) The proof of payment of the fee is submitted to the court Registry by the party that was obliged by conclusion, within 5 days from the appointment or within the deadline set by the court according to par. ((2). The fee may be increased, under the conditions provided in art. 333 333 para. ((2). ' 92. In Article 329, after paragraph 2, three new paragraphs are inserted, paragraphs 3 to 5, with the following contents: " (3) If one of the parties resists or impedes in any other way the performance of the work, the court will be able to count as proven the claims made by the opposing party regarding the factual fact of the work, in context of administration of all other evidence ((4) The expenses incurred with the expertise until the date of refusal will be borne by the party who opposed the performance of the expertise. (5) Exceptionally, when the finding of the truth in question is inextricably linked to the conduct of evidence with technical expertise, the court will authorize the use of public force for the purpose of carrying out the expertise, by concluding enforceable in the chamber of Council, after hearing the parties. " 93. In Article 350, paragraph 1 is amended and shall read as follows: "" Art. 350 (1) If by treaties or international conventions to which Romania is a party or by special normative acts it is not provided otherwise, the party that is abroad and is represented in the process by a trustee will be able to be questioned through it. " 94. In Article 366, after paragraph 3, two new paragraphs are inserted, paragraphs (3 ^ 1) and (3 ^ 2), with the following contents: " (3 ^ 1) Date agreed for the administration of samples according to par. ((1) may be amended, with the consent of all parties. ((3 ^ 2) If the administration of the sample is not possible for objective reasons, a new deadline will be set, the provisions of par. ((3 ^ 1) being properly applicable. If the parties do not understand, the court will be notified, according to art. 367 367. " 95. in Article 391, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) In cases in which the court may give time for the execution of the judgment, it shall do so by the very judgment which unties the case, showing the reasons for which it granted the term. The debtor will not be able to ask for a payment deadline, if the debtor was granted a reasonable period of payment by the creditor or had the possibility to execute within a reasonable time, calculated from the date of communication of the request for legal proceedings, in compliance with art. 1.522 of the Civil Code, nor if any of the reasons provided for in art. 665 665 para. ((1). ' 96. In Article 395, paragraph 2 shall be amended and shall read as follows: " (2) The minute, under the sanction of nullity of the judgment, will be signed on each page by the judges and, as the case may be, by the assistant magistrate, after which it will be recorded in a special register, held at the court Registry. This register may also be kept in electronic form. ' 97. In Article 398, paragraph 2 shall be amended and shall read as follows: " (2) The waiver may also be made after the delivery, even after the appeal has been declared, by presenting the party before the president of the court or the person designated by him or, as the case may be, by authentic inscription that will be submitted to the Registry the court, as long as the file was not submitted to the competent court, the provisions of paragraph ((1) by applying properly. " 98. In Article 400, paragraph 6 is amended and shall read as follows: " (6) The waiver of judgment is found by judgment subject to appeal, which will be judged by the hierarchical court superior to the one who took notice of waiver. When the waiver takes place in front of a section of the High Court of Cassation and Justice, the ruling is final. " 99. Article 404 is amended and shall read as follows: "" Art. 404 Remedies and remedies The judgment is subject to appeal, which is judged by the hierarchical court superior to the one who took note of the waiver of the alleged right. When the waiver takes place in front of a section of the High Court of Cassation and Justice, the appeal is judged by the Panel of 5 judges. " 100. In Article 408, paragraph 1 is amended and shall read as follows: "" Art. 408 (1) The suspension of the trial of the court proceedings will be ruled by conclusion, which can be appealed, separately, to the higher hierarchical court. When the suspension was ordered by the High Court of Cassation and Justice, the ruling is final. " 101. In Article 415, paragraph 2 is amended and shall read as follows: " (2) The decision finding the perimation is subject to appeal, to the higher hierarchical court, within 5 days of the ruling. When the perimation is found by a section of the High Court of Cassation and Justice, the appeal is judged by the Panel of 5 judges. " 102. In Article 418, a new paragraph (1 ^ 1) is inserted after paragraph 1, with the following contents: "(1 ^ 1) The judgment by which the court settles the remedies against the decisions of the public administration authorities with judicial activity and other bodies with such activity, in the cases provided by law, shall be called the sentence." 103. In Article 419, paragraph 3 is amended and shall read as follows: " (3) In the final part of the device will be shown if the decision is enforceable, is subject to an appeal or is final, the date of its pronouncement, the mention that it was pronounced in public session or in another way provided by law, such as and the signatures of the members of the court. When the decision is subject to appeal or appeal, the court to which the application for the exercise of the appeal shall be shown. " 104. In Article 420, paragraphs 1 to 3 are amended and shall read as follows: "" Art. 420 (1) The judgment shall be drawn up by the judge who settled the trial. When in the composition of the court panel also enters judicial assistants, the president will be able to designate one of them to draft the ruling. (2) If one of the judges or judicial assistants has remained in the minority in the deliberation, he will draft his separate opinion, which will include the exposure of the considerations, the solution he proposed and his signature. Also, the judge who agrees with the solution, but for different considerations, will separately draft the competition opinion. (3) The judgment will be signed by the members of the court and by the Registrar. " 105. In Article 421, paragraph 3 is amended and shall read as follows: " (3) The final decisions ordering the annulment, in whole or in part, of a notarial act shall be communicated ex officio immediately to the public notaries instrumentator, directly or through the chamber of public notaries in the constituency of which works. " 106. Article 428 is amended and shall read as follows: "" Art. 428 Probative force The judicial decision has the probative force of an authentic document. " 107. Article 435 is amended and shall read as follows: "" Art. 435 Scope of application The provisions of this Section shall apply accordingly and where the agreement of the parties is followed by the mediation procedure. '; 108. In Article 438, paragraph 1 is amended and shall read as follows: "" Art. 438 (1) If by the judgment given the court failed to rule on an end of the main application or accessory or on a related or incidental request, it may be required to complete the judgment within the same period in which it may be declared, as the case may be, appeal or appeal against that judgment, and in the case of judgments given in the extraordinary remedies or after the detention, within 15 days of delivery. " 109. Article 448 is amended and shall read as follows: "" Art. 448 Exemption of the defendant from payment The defendant who admitted, at the first court term to which the parties are legally cited, the plaintiff's claims will not be liable to pay the costs unless, prior to the start of the trial, he was placed in delay by the complainant or are rightfully in delay. Art. 1.522 1.522 para. ((5) of the Civil Code shall remain applicable. " 110. In Article 451, paragraph 3 is amended and shall read as follows: " (3) If the court rejects as inadmissible the legal remedy, exercised by the interested party in considering the inaccurate claim in the judgment on the appeal, the judgment handed down by the court of judicial review will be communicated, ex officio, to all parties who have taken part in the judgment in which the judgment under appeal has been ruled. From the date of the communication begins to run, if applicable, the term for the exercise of the remedy provided for by the law. " 111. In Article 453, paragraphs 2 and 3 shall be amended and shall read as follows: " (2) In the case of decisions liable to appeal, if it has not been exercised, the appeal shall be inadmissible. However, a judgment liable to appeal and appeal may be appealed, within the time limit of appeal, directly with appeal, to the court which would have been competent to judge the appeal against the judgment given on appeal, if the parties expressly consent, by authentic inscribed or by verbal declaration, given before the court whose judgment is attacked and recorded in a minutes. In this case, the appeal can only be exercised for the violation or misapplication of the rules of material law. (3) The extraordinary remedies can be exercised and concurrently, under the law. The appeal is judged as a priority. " 112. In Article 464, paragraph 3 is amended and shall read as follows: " (3) The requirements of par. ((1) lit. b) and e) and the one in par. (2) are provided under penalty of nullity, and those of par. ((1) lit. c) and d), under penalty of decay. The lack of signature can be fulfilled under art. 191 191 para. (2), and the lack of proof of payment of stamp duty may be complacent until the first court term to which the party was legally quoted on appeal. " 113. In Article 465, paragraphs 3 and 7 shall be amended and shall read as follows: " (3) If the call for appeal does not meet the conditions laid down by law, the president of the court or the person designated by him who receives the call request will determine the deprivation and ask the caller to complete or modify the request immediately, if present and is possible, or in writing, if the call was sent by post, fax, electronic mail or courier. Completing or modifying the application will be within the call deadline. If the President or the person designated by him considers that the remaining period until the expiry of the appeal period is not sufficient, he will grant a short term of no more than 5 days after the expiry of the appeal period, in which the completion of the or changing the application ...................................................................... (7) The President or person appointed by him, after the end of the appeal period for all parties, as well as the deadlines provided in par. (5) and (6), will submit to the court of appeal the file, together with the calls made, the welcome, the response to the welcome and the evidence of communication of these acts, according to par. ((5) and (6). ' 114. In Article 469, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 469 (1) The chairman of the appellate court or the person designated by him, as soon as he receives the file, will, by resolution, take measures for random distribution to a full of judgment. (2) The presiding judge shall determine the first trial term, which shall be no more than 60 days from the date of the resolution of the president of the appellate court, ordering the citation of the parties. Art. 196 196 para. ((5) and (6) shall apply accordingly. '; 115. In Article 474, paragraph 4 is amended and shall read as follows: " (4) If the appellate court determines that the first instance was non-competitive and the lack of competence was invoked under the law, it will annul the judgment under appeal and refer the case to the competent court or another body with activity competent judicial or, where applicable, shall reject the application as inadmissible. '; 116. Article 475 is amended and shall read as follows: "" Art. 475 Not making the situation worse in your own way of attack The caller cannot be created in his own way of attack a situation worse than that of the judgment under appeal, unless he consents expressly to it or in the particular cases provided by law. " 117. In Article 477, paragraph 2 is amended and shall read as follows: " (2) The decisions rendered in the applications referred to in art. 92 92 section 1 lit. a)-k), in those relating to civil navigation and activity in ports, labour and social security conflicts, in matters of expropriation, in claims relating to compensation for damages caused by miscarriages of justice, as well as in other claims assessable in money worth up to 500,000 lei inclusive. Also, the decisions given by the courts of appeal are not subject to appeal in cases where the law provides that the decisions of the first instance are subject only to the appeal. " 118. In Article 478, paragraph 5 is amended and shall read as follows: "" (5) The panel shall, within 48 hours of the judgment, give a reasoned conclusion, which shall be final. " 119. In Article 478, paragraph 6 is repealed. 120. In Article 478, paragraphs 7 and 8 are amended and shall read as follows: " (7) At the judgment of the request for suspension the parties must be represented by the lawyer or, when applicable, by the legal counsel. (8) For thorough reasons, the appeal court may return to the suspension granted, the provisions of paragraph 1. ((3)-(5) and (7) applying accordingly. " 121. In Article 480, paragraph 3 is amended and shall read as follows: " (3) The measures provided in par. ((1) lit. a) and c)-e), as well as the requirements referred to in par. (2) are provided for under penalty of nullity. Art. 81 81 para. ((1), art. 82 82 para. ((3) and art. 86 86 para. ((2) remain applicable. " 122. In Article 482 (1), points 2 and 3 are amended and shall read as follows: " 2. if the judgment was delivered by a judge other than the one who took part in the debate on the merits of the trial or a court of law other than that established randomly for the settlement of the case or whose composition was changed, by breaking the law 3. when the judgment was given in violation of the public order jurisdiction of another court, invoked under the law; ". 123. In Article 487, paragraphs 1, 4 and 7 shall be amended and shall read as follows: "" Art. 487 (1) When the appeal is within the competence of the High Court of Cassation and Justice, the president of the court or the section president or, as the case may be, the person appointed by them, receiving the file from the court whose decision is attacked, will take, by resolution, measures for the random establishment of a 3-judge panel, which will decide on the admissibility in principle of the appeal. Art. 469 469 para. ((3) are applicable. ......................................................................... (4) After the analysis of the report in the filter panel, it shall be communicated immediately to the parties, which may formulate in writing a point of view on the report, within 10 days of the communication. In the absence of proof of communication of the report and before the expiry of a period of 30 days from the communication, the panel will not be able to proceed to examine the appeal, according to par. ((5) and (6). ......................................................................... (7) If the appeal cannot be settled according to par. (5) or (6), the panel shall pronounce, without citing the parties, an end of admission in principle of the appeal and shall fix the term of judgment on the merits of the appeal, with the citation of the parties. " 124. In Article 487, paragraph 8 is repealed. 125. In Article 492, paragraph 2 is amended and shall read as follows: " (2) The courts provided in par. (1) will house with reference, once in the course of the trial, if the court whose judgment is appealed has settled the trial without going to trial of the fund or the judgment was made in the absence of the party that was unlawful, both the administration of evidence and the debate of the fund. In order to retrial, the case is sent to the court that delivered the casata or other court of the same degree with it, from the same constituency. Art. 491 491 shall apply accordingly in the event of non-compliance, the overtaking of the powers of the judiciary and the breach of the working authority on trial. " 126. In Article 497 (2), point 1 is amended and shall read as follows: "1. the judgment given on appeal was rendered by an absolute non-competitive court or in violation of the rules relating to the composition of the court and, although the appropriate exception was invoked, the court of appeal failed to rule on it;". 127. In Article 500, paragraph 1 is amended and shall read as follows: "" Art. 500 (1) The appeal for cancellation may be entered within 15 days from the date of communication of the judgment, but no later than one year after the date when the decision has remained final. " 128. In Article 505 (1), point 1 is amended and shall read as follows: " 1. in the cases provided in art. 503 503 para. ((1) pt. 1, from the communication of the judgment; ". 129. In Article 507, paragraph 6 is amended and shall read as follows: " (6) If the review was required for adverse rulings, the appeal is the appeal. If the review has been resolved by one of the sections of the High Court of Cassation and Justice, the appeal shall be within the jurisdiction of the Panel of 5 Judges. " 130. Article 508 is amended and shall read as follows: "" Art. 508 Processing quality To ensure the interpretation and application of the law by all courts, the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, ex officio or at the request of the Minister of Justice, the College of leadership of the High Court of Cassation and Justice, the governing colleges of the courts of appeal, as well as the Ombudsman have the duty to ask the High Court of Cassation and Justice to rule on the matters of law that have been settled different from the courts. " 131. In Article 510, paragraphs 1 and 2 are amended and shall read as follows: "" Art. 510 (1) The appeal in the interest of the law shall be adjudicated by a panel of its chairman, failing that, one of the vice-presidents of the High Court of Cassation and Justice, the section presidents of the High Court, as well as 20 judges, of which 14 judges from the section/wards in whose/whose competence the question of law enters the question of law that has been solved differently by the courts and 2 judges of the other wards. The president of the High Court of Cassation and Justice, respectively one of its vice presidents is president of the panel. (2) If the matter of law is of interest to two or more wards, its chairman, as the case may be, one of the vice-presidents of the High Court of Cassation and Justice will determine the number of judges in the interested wards who will enter in the composition of the supplement provided in par. ((. the other departments shall be represented in accordance with the provisions of the same paragraph. ' 132. In Article 510, a new paragraph (2 ^ 1) is inserted after paragraph 2, with the following contents: " (2 ^ 1) When the matter of law does not fall within the competence of any section of the High Court of Cassation and Justice, its president, as the case may be, one of the vice presidents of the High Court of Cassation and Justice shall designate 5 judges of the every precinct. For the preparation of the report, the president of the panel will designate a judge from each section. " 133. In Article 510, paragraphs 3 to 5 are amended and shall read as follows: " (3) After the complaint of the High Court of Cassation and Justice, the President or, as the case may be, one of its Vice-Presidents will take the necessary measures for the random appointment of the judges of the section in whose jurisdiction the matter of law that has been solved differently by the courts, as well as of the judges of the other sections that enter into the composition of the supplement provided in par. ((1). (4) After the composition of the supplement according to par. (3), its chairman will designate among the members of the panel 3 judges to draw up a report on the appeal in the interest of the law. The rapporteurs are not incompatible. (5) In order to prepare the report, the president of the panel will be able to ask some recognized specialists for written opinion on the issues of law solved differently. " 134. After Article 511 a new article is inserted, Article 511 ^ 1, with the following contents: "" Art. 511 511 ^ 1 Termination of decision The decision in the interest of the law ceases its applicability at the date of modification, repeal or finding of unconstitutionality of the legal provision that was the object of interpretation. 135. In Book II, Title III, the title of Chapter II is amended and shall read as follows: "" CHAPTER II Referral to the High Court of Cassation and Justice in order to give a prior ruling on the unbundling of questions of law " 136. Article 512 is amended and shall read as follows: "" Art. 512 Object of referral If, in the course of judgment, a full court of the High Court of Cassation and Justice, of the court of appeal or tribunal, vested with the settlement of the case as a last resort, finding that a matter of law, the clarification of which depends the settlement on the merits of that case, is new and on it the High Court of Cassation and Justice has not held nor is subject to an appeal in the interest of the pending law, will be able to request the High Court of Cassation and Justice to pronounce a decision to resolve the principle of law with which it was notified. " 137. Article 513 is amended and shall read as follows: "" Art. 513 Court proceedings (1) The complaint of the High Court of Cassation and Justice shall be made by the court panel after contradictory debates, if the conditions laid down in art. 512 512, by concluding which is not subject to any remedy. If the complaint is concluded, it will include the reasons for the admissibility of the complaint according to the provisions of art. 512, the view of the court panel and the parties. (2) By the conclusion provided in par. ((1), the case will be suspended until the prior decision for the unbundling of the question of law is rendered. (3) After registration of the case at the High Court of Cassation and Justice, the conclusion of referral shall be published on the website of this court. (4) Similar causes, pending before the courts, may be suspended until the referral is resolved. (5) The distribution of the complaint is made by the president or, in his absence, by one of the vice-presidents of the High Court of Cassation and Justice or by the person appointed by them. ((6) The complaint shall be adjudicated by a complete format of the chairman of the corresponding section of the High Court of Cassation and Justice or by a judge appointed by him and 12 judges of the respective section. The president of the section or, in case of impossibility, the judge appointed by him is the president of complete and will take the necessary measures for the random appointment of the judges. (7) After the composition of the supplement according to par. (6), its chairman shall appoint a judge to draw up a report on the matter of law subject to judgment. The Judge-designate shall not become incompatible. (8) When the matter of law concerns the work of several sections of the High Court of Cassation and Justice, its president, failing that, one of the vice-presidents of the High Court of Cassation and Justice will convey the referral to the presidents Stakeholders in the resolution of the question of law. In this case, the panel will be made up of its president, failing that, from the vice president of the High Court of Cassation and Justice, who will preside over the panel, from the presidents of the sections interested in resolving the question of law, as well as how many 5 Judges of the respective sections randomly appointed by the President of the Panel. After the composition of the complete, for the preparation of the report the president of the panel will designate a judge from each section. The rapporteurs are not incompatible. (9) If at the High Court of Cassation and Justice there is no section corresponding to the same to which it was found that the question of law was not unitary disconnected in the practice of the courts, the provisions of par. ((8). (10) The report will be communicated to the parties, which, no later than 15 days after the communication, may submit, in writing, by lawyer or, as the case may be, by legal counsel, their views on the matter of law subject to judgment. (11) Provisions art. 510 510 para. ((5)-(8) shall apply accordingly. ((12) The complaint shall be adjudicated without the citation of the parties, no later than 3 months after the date of the inauguration, and the solution shall be adopted by at least two thirds of the number of the judges No abstentions shall be accepted from the vote. (13) The procedure provided for in this Chapter shall be exempt from the judicial stamp duty and the judicial stamp. " 138. In Article 514, paragraphs 1 and 3 shall be amended and shall read as follows: "" Art. 514 (1) On the complaint, the Panel for the unbundling of matters of law shall be ruled by decision only on the matter of law subject to unbundling. ....................................................................... (3) Unbinding the date of questions of law is mandatory for the court that requested the unbundling from the date of delivery of the decision, and for the other courts, from the date of publication of the decision in the Official Gazette of Romania, Part I. " 139. In Article 514, a new paragraph (4) is inserted after paragraph 3, with the following contents: " (4) Provisions art. 511 511 ^ 1 shall apply accordingly. ' 140. In Article 517, paragraph 5 is amended and shall read as follows: " (5) When he considers the appeal as unfounded, the court panel will reject it by conclusion. Against this conclusion the objector can complain within 3 days of communication. The complaint is filed with the court that pronounced the conclusion, which will immediately forward it for resolution, together with a certified copy from the case file, to the superior hierarchical court. When the trial is adjudicated at the High Court of Cassation and Justice, the complaint is settled by another complete of the same section. The wording of the complaint does not suspend judgment 141. In Article 517, a new paragraph (6) is inserted after paragraph 5, with the following contents: " (6) The terminations provided in par. ((4) and (5) shall be motivated within 5 days of delivery. " 142. In Article 521, a new paragraph (3) is inserted after paragraph 2, with the following contents: " (3) If the territorial competence cannot be established according to the provisions of par. (2), the non-contentious applications will be directed to the court in whose constituency the applicant has, as the case may be, his domicile, residence, seat or representative office, and, if none of them are on the territory of Romania, the applications will be directed, following the rules of material competence, at the District Court of Bucharest or, as the case may be, at the Bucharest Court. " 143. After Article 532 a new article is inserted, Article 532 ^ 1, with the following contents: "" Art. 532 532 ^ 1 Inventory of the minor's assets (1) In order to inventory the assets of the minor put under the tutelage, the guardianship court shall immediately designate a delegate and order the citation of the tutor and the members of the family council, as well as the minor who has reached the age of 14. ((2) The inventory shall include the identification data of movable or immovable property, their summary description, including particulars of the condition of the goods and their estimated value, as well as the indication of existing documents on the goods. The inventory will also include claims on claims, debts or other claims declared by the guardian or by members of the family council. " 144. In Article 536, paragraph 2 is amended and shall read as follows: " (2) Subject to the observance of public order and good morals, as well as the imperative provisions of the law, the parties may establish by the arbitral convention or by written act subsequently concluded, at the latest with the constitution of the tribunal arbitral, either directly or by reference to a certain regulation having as its object the arbitration, the rules on the constitution of the arbitral tribunal, the appointment, revocation and replacement of arbitrators, the term and place of arbitration, the rules of procedure that the arbitral tribunal must follow them in the trial of the dispute, including any prior dispute settlement procedures, the distribution between the parties of the arbitral expenses and, in general, any other rules regarding the smooth conduct of the arbitration. " 145. In Article 540, paragraph 1 is amended and shall read as follows: "" Art. 540 (. The arbitral convention shall be concluded in writing, under penalty of invalidity. The condition of the written form shall be deemed to be fulfilled where the use of the arbitration has been agreed by the exchange of correspondence, regardless of its form, or exchange of procedural documents. ' 146. In Article 541, paragraph 2 is amended and shall read as follows: "" (2) The existence of the arbitral convention may also result from the written understanding of the parties made before the arbitral tribunal. " 147. In Article 542, paragraph 1 is amended and shall read as follows: "" Art. 542 (1) By the compromise clause the parties agree that the disputes that will be born from the contract in which it is stipulated or in connection with it shall be settled on the way of arbitration, showing, under penalty of nullity, the manner of appointment of arbitrators. In the case of institutionalized arbitration, it is sufficient to refer to the institution or rules of procedure of the institution that organizes the arbitration. " 148. In Article 543, paragraph 1 is amended and shall read as follows: "" Art. 543 (1) By compromise the parties agree that a dispute between them should be settled on the way of arbitration, showing, under penalty of nullity, the object of the dispute and the names of the arbitrators or the manner of their designation in the case of arbitration ad hoc. In the case of institutionalized arbitration, if the parties have not chosen the arbitrators or established the method of their designation, it will be made according to the rules of procedure of that arbitral institution. " 149. In Article 546, paragraph 1 is amended and shall read as follows: "" Art. 546 (1) The court, seised with a case concerning which an arbitral agreement has been concluded, shall verify its own jurisdiction and shall declare itself non-competitive only if the parties or one of them so request, invoking the arbitration agreement. In this case, the court will decline jurisdiction in favor of the organization or institution in addition to which the institutionalized arbitration works, which, pursuant to the declination ruling, will take the necessary measures in order to establish the tribunal arbitral. In the case of ad hoc arbitration, the court will reject the application as not a matter for the court 150. Article 549 is amended and shall read as follows: "" Art. 549 Partial invalidity It is void the clause in the arbitral convention that gives one of the parties a privilege with regard to the appointment of arbitrators or which provides for the right of one of the parties to appoint the arbitrator instead of the other party or to have more arbitrators than the other side. 151. In Article 562, paragraph 1 is amended and shall read as follows: "" Art. 562 (1) The discussion of the dispute before the arbitral tribunal shall be made in the language established by the arbitral convention or, if nothing has been foreseen in this regard, or no subsequent settlement has occurred, in the language of the contract from which the dispute was born or, if the parties do not understand, in a language of international circulation established by the arbitral tribunal. " 152. In Article 568, paragraph 2 is amended and shall read as follows: " (2) When the parties resort to institutionalized arbitration, the provisions of art. 610 610 para. ((3). ' 153. After Article 585 a new article is inserted, Article 585 ^ 1, with the following contents: "" Art. 585 585 ^ 1 Separate attack of meeting terminations (1) They can be attacked separately with the action for cancellation provided in art. 599 the conclusion of the arbitral tribunal by which the following measures were taken: a) the course of arbitration was suspended, according to art. 406 406 and 407; b) precautionary or provisional measures have been taken, according to art. 577 577; c) was rejected, as inadmissible, the request for referral of the Constitutional Court on the constitutionality of a legal provision. (2) Provisions art. 599 599-604 shall apply accordingly, insofar as this Article does not provide otherwise. (3) Apart from the reasons provided in art. 599, in the action for annulment you can also invoke the lack of conditions provided by law for taking measures ordered by conclusion ((4) The action for cancellation may be introduced within 5 days from the communication, except as provided in par. ((1) lit. a), when it can be formulated while the suspension lasts. (5) In the cases provided in par. ((1) lit. b) and c), the action for cancellation does not suspend the course of arbitration. ((6) Solving the action for annulment, the court of appeal may, as the case may be, maintain, amend or abolish the measures ordered by the arbitral tribunal by conclusion. The judgment of the Court of Appeal shall be 154. In Article 592, paragraph 1 is amended and shall read as follows: "" Art. 592 (1) The arbitral tribunal shall settle the dispute under the main contract and the applicable rules of law, according to the provisions of art. 5 5. " 155. In Article 594, paragraph 2 is repealed. 156. In Article 599 (1), a new letter (i) is inserted after point h), with the following contents: " i) if, after the ruling of the arbitral award, the Constitutional Court ruled on the exception invoked in that case, declaring unconstitutional the law, the ordinance or a provision in a law or an ordinance that was the subject of that exceptions or other provisions of the contested act, which, necessarily and obviously, cannot be dissociated from the provisions mentioned in the complaint. " 157. Article 602 is amended and shall read as follows: "" Art. 602 Term of exercise (1) The action for annulment shall be brought to the court of appeal within one month from the date of communication of the arbitration award. If a request has been made according to art. 595, the term flows from the date of communication of the judgment or, as the case may be, of the conclusion by which the application was (2) For the reason provided in art. 599 599 para. ((1) lit. i), the term is 3 months from the publication of the Constitutional Court's decision in the Official Gazette of Romania, Part I. " 158. Article 603 is amended and shall read as follows: "" Art. 603 Execution suspension The Court of Appeal will be able to suspend the execution of the arbitral award against which the action for annulment Art. 478 478 para. ((2)-(5) and (8) shall apply accordingly. '; 159. Article 604, paragraph 1, point b) of paragraph 3 and paragraph 4 shall be amended and shall read as follows: "" Art. 604 (1) The Court of Appeal will judge the action for annulment in the panel provided by law for trial in the first instance ...................................................................... b) in the other cases provided in art. 599 599 para. ((1), shall send the case for retrial to the arbitral tribunal, if at least one of the parties expressly requests this. Otherwise, if the dispute is in a state of judgment, the appellate court will rule in substance, within the limits of the arbitral convention. If, however, to decide on the merits, new evidence is needed, the court will rule after their administration. In the latter case, the court will first rule the annulment ruling and, after administration of evidence, the judgment on the fund, and, if the parties expressly agreed that the dispute be settled by the arbitral tribunal in fairness, the court of call will settle the cause in equity. ...................................................................... (4) The decisions of the court of appeal, pronounced according to par. ((3), shall be subject to appeal. " 160. Article 606 is amended and shall read as follows: "" Art. 606 Forced execution The arbitral award shall constitute enforceable title and shall be enforced as a judicial decision. " 161. Article 608 (3) shall be repealed. 162. In Article 613, after paragraph 3, two new paragraphs are inserted, paragraphs 4 and 5, with the following contents: " (4) The execution of obligations to do, such as the registration or deletion of a right, act or fact from a public register, the issuance of an authorization, the issuance of a certificate or the handover of a document and the like, can be obtained at simple request of the entitled person, made pursuant to an enforceable title, without the need for the intervention of the bailiff, if by law it is not ordered otherwise. In the event of non-compliance of the debtor, the creditor may resort to enforcement under the conditions of this Code. (5) The sale by the creditor of movable property mortgaged under the terms of art. 2.445 of the Civil Code is made with the consent of the court, without the intervention of the bailiff. " 163. Article 615 (2) shall be repealed. 164. In Article 619, paragraph 3 is amended and shall read as follows: " (3) If by the enforceable title no interest, penalties or other such amounts have been granted that can be established according to par. (2), the bailiff, at the request of the creditor, may update the value of the main obligation set in money, regardless of its source. If the enforceable title contains no such criterion, the bailiff will proceed, at the request of the creditor, to update according to the rate of inflation, calculated from the date when the court decision became enforceable or, in the case of the other enforceable securities, from the date on which the claim became chargeable until the date of the actual payment of the obligation contained in any of these securities. ' 165. Article 623 is amended and shall read as follows: "" Art. 623 Application of forced execution (. Enforcement may only be carried out pursuant to an enforceable title. (2) The enforceable decisions, the final decisions, as well as any other decisions or documents that, according to the law, can be executed. " 166. Article 624 is amended and shall read as follows: "" Art. 624 Enforceable decisions There are enforceable decisions 1. the decisions given in the appeal, if by law it is not provided otherwise; 2. the decisions given in the first instance, without the right of appeal, or those in relation to which the parties agreed to exercise directly the appeal, according to art. 453 453 para. ((2). ' 167. Article 626 is amended and shall read as follows: "" Art. 626 Arbitral decisions and other decisions of the bodies with judicial powers Arbitral decisions may be enforced, even if they are attacked with the action for annulment, as well as other decisions of the bodies with judicial powers remaining final, as a result of their non-appeal before the competent court. " 168. Article 627 is amended and shall read as follows: "" Art. 627 European enforceable titles European enforceable titles with regard to which European Union law does not require prior recognition in the Member State in which enforcement will be carried out shall be enforceable without any other prior formality. " 169. Article 628 is amended and shall read as follows: "" Art. 628 Enforcement of judgments subject to judicial review (1) The enforcement of a judicial decision constituting an enforceable title can only be made at the risk of the creditor if the judgment can be appealed or appeal; if the title is subsequently amended or abolished, the creditor will be kept, under the law, to reinstate the debtor in his rights, in whole or in part, as the case may be. (2) Provisions of para. ((1) shall apply accordingly in the case of the execution of an arbitration award. " 170. Article 629 is amended and shall read as follows: "" Art. 629 Other enforceable securities (1) There are also enforceable securities and can be enforced: 1. the conclusion and the minutes drawn up by the bailiffs who, according to the law, constitute enforceable securities; 2. authentic documents; 3. credit titles or other documents to which the law recognizes enforceable power. (2) The suspension of the execution of the securities provided in ((1) pt. 2 and 3 may also be required under the substantive action having as their object their abolition. Art. 708 708 shall apply accordingly. '; 171. Article 630 is amended and shall read as follows: "" Art. 630 Authentic notary documents (1) The act authenticated by the notary public which ascertains a certain, liquid and chargeable claim is enforceable. In the absence of the original, the enforceable title may constitute the duplicate or the certified copy on the copy of the public notary archive. (2) In the event of cancellation by the court of the inscription authenticated by the notary public, civil liability of the notary public may only be committed for its violation with the guilt of its professional obligations, followed by causing injury, established by final judgment. " 172. Article 631 is amended and shall read as follows: "" Art. 631 Credit securities The Cambia, the promissory note and the cheque, as well as other credit securities constitute enforceable securities, if they meet the conditions laid down in the special law 173. Article 632 is amended and shall read as follows: "" Art. 632 Refusal of enforceable title If the enforceable title is refused by other competent bodies according to the law and if the special law does not provide otherwise, the creditor may complain to the court in the constituency to which the body was to issue the title enforceable, within 15 days of the date when he became aware of the refusal. " 174. In Article 634, paragraph 2 is amended and shall read as follows: " (2) Provisions art. 40 and the following shall apply accordingly to the participants in the forced execution provided in par. ((1) pt. 4-8 4-8. " 175. In Article 635, paragraph 2 is amended and shall read as follows: " (2) The quality of creditor or debtor can be transmitted at any time during the forced execution, according to the law. In this case, the acts of execution carried out until the date of transmission of the procedural quality produce effects, under the law, to the successors in rights of the creditor or the debtor, as the case may be. " 176. In Article 641, paragraph 2 is amended and shall read as follows: "(2) The executing court shall settle the applications for the consent of the forced execution, the appeals for execution, as well as any other incidents arising during the forced execution, except for those given by law in the jurisdiction of other courts or bodies." 177. In Article 642, paragraphs 2 and 3 shall be amended and shall read as follows: " (2) If the traceable, movable or immovable property is in the constituencies of several appellate courts, any of the bailiffs operating in addition to one of them is competent to carry out the execution, including on the traceable goods within the other courts of appeal. (3) If the movable property subject to forced pursuit or direct forced execution has been moved during the execution procedure, the territorial jurisdiction shall be the bailiff who commenced the enforcement proceedings. " 178. Article 643 is amended and shall read as follows: "" Art. 643 Recusal and replacement of the bailiff (1) Executors of the courts may be recused only in cases and under the conditions provided in art. 41 41 and the following in this Code. (2) The request for recusal shall not suspend the execution. However, the executing court may order, reasoned, the suspension of the execution until the request for recusal is resolved, by conclusion which is not subject to any appeal. In order to order the suspension, the one who requests it must give in advance a bail in the amount of 1,000 lei. If the value of the claim provided for in the enforceable title does not exceed 1,000 lei, the bail will be 10% of the value of the claim. (3) In case of admission of the request for recusal, the conclusion will show to what extent the acts fulfilled by the bailiff are to be kept. (4) At the request of the creditor, the court that approved the enforcement may order, for thorough reasons, the replacement of the bailiff with another bailiff indicated by the creditor and the continuation of the forced execution by the new Bailiff. Art. 644 644 para. ((3) shall apply accordingly. '; 179. In Article 644, paragraph 2 is repealed. 180. In Article 644, paragraph 3 is amended and shall read as follows: " (3) If it has the connection of the executations, the court, by conclusion, will also rule on the execution expenses carried out until the connection. At the same time, the court will order the sending of the related files to the designated executor ((1). ' 181. In Article 647, paragraph 3 is amended and shall read as follows: "(3) If by law it is not ordered otherwise, the terminations are given without summoning the parties, they are communicated to them, they are executors of law and can be appealed only with an appeal to execution." 182. Article 648 is amended and shall read as follows: "" Art. 648 Public Ministry The Public Ministry supports, under the law, the execution of judicial decisions and other enforceable titles. In the specific cases provided by law, the Public Ministry may request the execution of judicial decisions and other enforceable securities. " 183. In Article 649, after paragraph 2, two new paragraphs are inserted, paragraphs 3 and 4, with the following contents: " (3) The agents of the public force cannot refuse to support the enforcement activity under the grounds that there are impediments, of any nature, to execution, the only one liable for their disregard being the bailiff, under the law. (4) In case of refusal, the provisions of art. 183 183 para. ((2) and art. 184 184-186 shall be applicable accordingly. ' 184. In Article 650, paragraphs 1, 2 and 5 shall be amended and shall read as follows: "" Art. 650 (1) At the request of the bailiff, those who owe money to the wanted debtor or hold their assets subject to the pursuit, according to the law, have the duty to communicate in writing all the information necessary for the execution. They are held to declare the extent of their obligations to the intended debtor, possible ways that could affect them, prior seizure, claims of claim, subrogation, debt takeovers, novations, as well as any other acts or acts of interest. nature to modify the content or parts of the obligational report or the legal regime of the property held At the request of the bailiff or the interested party, the executing court may take the measures provided for in art. 182 182 para. ((1) pt. 2 lit. f) and art. 184. (2) Also, at the request of the bailiff, public institutions, credit institutions and any other natural or legal persons are obliged to communicate, immediately, in writing, the data and information appreciated by the bailiff as necessary to achieve forced execution, even if by special laws it is ordered otherwise. Thus, the tax authorities are obliged to communicate, under the same conditions, the data and information they manage according to the law. At the request of the bailiff or the interested party, the executing court may take the measures provided for in art. 182 182 para. ((1) pt. 2 lit. f) and art. 184. ...................................................................... (5) In order to obtain the information necessary for the execution, the bailiff shall have free access to the land register, to the commercial register and to other public registers containing data on the goods of the debtor likely to be prosecuted. At the same time, the bailiff may request the enforcement court for the data and information to which art refers. 149 149 para. ((8). ' 185. In Article 650, paragraph 6 is repealed. 186. In Article 651, paragraph 1 is amended and shall read as follows: "" Art. 651 (1) In the cases and under the specific conditions provided by law, the presence of assistant witnesses is mandatory when entering a dwelling, in premises, warehouses or other rooms, in order to seize and raise the debtor's assets. " 187. In Article 654, paragraphs 3 and 4 are amended and shall read as follows: " (3) The application for enforcement, outside the mentions provided in art. 143, will include: a) the name, surname and domicile or, where applicable, the name and seat of the creditor and the debtor; b) the good or, as the case may be, the manner of c) the execution modalities requested by the creditor (4) On request shall be attached the title enforceable in original or in certified copy, as the case may be, and proof of payment of stamp duties, including the judicial stamp, as well as, if applicable, the specific documents provided by law. " 188. In Article 655, paragraph 2 is amended and shall read as follows: " (2) The conclusion provided in par. ((1) shall be communicated immediately to the creditor. If the bailiff refuses to open the execution procedure, the creditor may complain, within 15 days from the date of communication of the conclusion provided in par. ((1), to the executing court. " 189. Article 656 is amended and shall read as follows: "" Art. 656 Declaration of enforceability (1) Within a maximum of 3 days from the registration of the application, the bailiff shall request that the execution of the execution by the executing court be ordered, to which he shall submit, in copy certified by the bailiff for compliance with the original, the creditor's request, the enforceable title, the conclusion provided in 655 655 para. ((1) and proof of stamp duty. (2) The application for consent of forced execution shall be settled by the court within a maximum of 7 days from its registration to the court, by closing the date in the council chamber, without citing the parties. The pronouncement can be postponed by no more than 48 hours, and the motivation of the conclusion is made no later than 7 days after the ruling. (3) The conclusion will include, outside the mentions provided in art. 228 228 para. (1), the performance of the enforceable title on the basis of which the execution will be made, the amount, with all the accessories for which the pursuit was approved, when the forced pursuit of the debtor's assets was approved, the concrete way of enforcement, when it was expressly requested, and the authorization of the creditor to proceed to the forced execution of the obligation contained in the enforceable title. (4) The enforceability of forced execution allows the creditor to ask the bailiff who requested the consent to resort, simultaneously or successively, to all the implementing modalities provided by law in order to achieve his rights, including execution expenses. The consent of forced execution produces effects throughout the country. Also, the consent of the forced execution extends to the enforceable securities that will be issued by the bailiff in the framework of the approved enforcement procedure. (. The court may reject the application for a declaration of enforceability only if: 1. the application for enforcement shall be the competence of another enforcement body than the one referred to; 2. the decision or, as the case may be, the inscription does not constitute, according to the law, 3. the inscription, other than a judicial decision, does not meet all the conditions of the form required by law; 4. the claim is not certain, liquid and chargeable; 5. the debtor shall enjoy the immunity of execution; 6. the title shall contain provisions which may not be brought to fruition by forced execution; 7. there are other impediments provided by law. (6) The conclusion by which the court accepts the application for a declaration of enforceability shall not be subject to any appeal. The conclusion by which the application for the consent of forced execution is rejected can be appealed exclusively with appeal only by the creditor, within 5 days of communication. (7) In the final part of the conclusion of the declaration of enforceability, the enforceable formula will be added, with the following contents: " We, President of Romania We give power and order the bailiffs to execute the title (Here follows the elements of identification of the enforceable title.) for which the present conclusion of consent of forced execution was pronounced. We order the agents of the public force to support the prompt and effective fulfillment of all acts of forced execution, and prosecutors to arouse for carrying out the enforceable title, under the law. (follows the signature of the president of the court and the clerk.) "" 190. In Article 657, paragraph 2 is amended and shall read as follows: " (2) The communication of the enforceable title and the injunction, except in cases where the law provides that the execution is done without notice or without the communication of the enforceable title to the debtor, is provided under the sanction of nullity of execution 191. In Article 659, point 2 is amended and shall read as follows: "2. in the case of ordinances and terminations rendered by the court and declared by the law enforceable." 192. In Article 660, paragraph 2, point 4 of paragraph 3 and paragraph 4 shall be amended and shall read as follows: " (2) The expenses occasioned by the execution of the forced execution are in charge of the debtor pursued, unless the creditor has given up the execution, a situation in which they will be borne by him, or if by law it is provided otherwise. The debtor will also be held to bear the execution expenses established or, as the case may be, made after registration of the application for execution and until the date of realization of the obligation established in the enforceable title, even if he made the payment in the manner Volunteer. However, if the debtor, ordered according to art. 658, executed the obligation immediately or within the time allowed by law, he will not be held to bear but the expenses for the acts of execution actually fulfilled, as well as the honorarium of the bailiff and, if applicable, of the lawyer to the creditor, in proportion to their activity. ...................................................................... 4. the fee of the expert, the translator and the interpreter; ...................................................................... (4) The amounts due to be paid shall be determined by the bailiff, by conclusion, on the basis of the evidence presented by the interested party, under the law. These amounts may be censored by the court of execution, by way of the appeal to the execution made by the interested party and taking into account the evidence administered by it. Art. 445 445 para. ((2) and (3) shall apply accordingly, and the suspension of enforcement in respect of such enforcement expenses shall not be subject to the payment of a security. " 193. Article 663 is amended and shall read as follows: "" Art. 663 Transition to forced execution In addition to the case in which the law provides otherwise, the acts of forced execution may not be carried out until after the expiry of the term shown in the summons or, in the absence thereof, in the one provided for in the conclusion by which the execution was approved. " 194. In Article 669 (1), the introductory part is amended and shall read as follows: "" Art. 669 (1) If the law does not result in the contrary, for all acts of execution carried out in the course of execution, the bailiff is obliged to conclude minutes that will include the following mentions: " 195. In Article 672, paragraph 1 is amended and shall read as follows: "" Art. 672 (1) If the bailiff encounters opposition to performing an act of execution, at his request, made under the conditions of art. 649 649 para. (2), the police, gendarmerie and other agents of the public force shall be obliged to ensure the effective performance of the enforcement activity, including by removal from the place of execution of the debtor or any other person. " 196. In Article 682, paragraphs 3 and 6 are amended and shall read as follows: " (3) After the registration of the application, the bailiff will immediately submit it to the competent enforcement court, together with all the supporting documents, the provisions of art. 655 655 and 656 applying properly. Until the intervention request is resolved, the court may suspend the release or distribution of amounts obtained from the recovery of the debtor's assets The court may compel the intervener creditor to pay a bail. Art. 708 708 para. ((7) and (8) shall apply accordingly. .......................................................................... (6) If the debtor disputes, in whole or in part, the claims complained about, the intervening creditors whose claims have been challenged have the right to request the court, with the prior payment of the bail provided in art. 708 708 para. (2), to order the bailiff for the amounts claimed to be set aside, if, within 5 days from the date when the convocation provided for in par. (4), they will prove that they have brought legal action for the purpose of obtaining the enforceable title. Until the expiry of this period, the release or, as the case may be, the distribution of these amounts, if applicable, shall be suspended by right, and after the end of the term the court will decide on the suspension, ((3), until the dispute is resolved by a final decision. In the latter case, these amounts will be recorded until the dispute is resolved by a final judgment, unless they are alleged by other creditors in a useful way. " 197. In Article 687, paragraph 1 is amended and shall read as follows: "" Art. 687 (1) If the creditor, at his fault, allowed to pass 6 months without fulfilling an act or endeavor necessary for the forced execution, which was requested, in writing, by the bailiff, the execution shall be perishable by law. " 198. In Article 691, paragraph 2 is amended and shall read as follows: "(2) The execution shall also be suspended at the request of the creditor pursuer by the bailiff." 199. In Article 691, a new paragraph (3 ^ 1) is inserted after paragraph 3, with the following contents: "(3 ^ 1) The implementing acts carried out on the day of the resolution of the application having as its object the suspension, even provisional, of the forced execution are abolished by law by the effect of admitting the application for suspension and the appeal to execution." 200. In Article 692, paragraph 2 is repealed. 201. In Article 692, paragraphs 3 and 4 are amended and shall read as follows: " (3) If the application is admissible, the court will suspend the execution of the other goods (4) The suspended execution shall be resumed only after the final stay of the project for the distribution of the amounts resulting from the execution carried out. " 202. Article 693 is amended and shall read as follows: "" Art. 693 Cases of cessation of execution (. Enforcement shall cease if: 1. the obligation provided for in the enforceable title was fully realized, the execution expenses were paid, as well as other amounts due according to the law; 2. it can no longer be carried out or continued due to the lack of traceable goods or the impossibility of capitalizing on such goods; 3. the creditor has given up the execution; 4. the enforceable title was abolished; 5. the execution was cancelled. (2) In all cases, the bailiff shall draw up a conclusion, motivated in fact and in law, with the mention of the case of termination of execution. The termination of the execution will be communicated immediately to the creditor and the debtor. (3) In the cases provided in par. ((1) pt. 2, 3 and 5 the bailiff shall personally remit to the creditor or the representative or the enforceable title. " 203. Article 696 is amended and shall read as follows: "" Art. 696 Limitation period (1) The right to obtain enforcement shall be prescribed within 3 years if the law does not provide otherwise. In the case of securities issued in respect of real rights, the limitation period shall be 10 years. (. The limitation period shall begin from the date of birth of the right to obtain enforcement. In the case of judicial and arbitral decisions, the limitation period shall begin to run from the date of their final stay. " 204. After Article 696 a new article is inserted, Article 696 ^ 1, with the following contents: "" Art. 696 696 ^ 1 Effects of the limitation period (1) Prescription does not operate in full law, but only at the request of the person concerned. (2) Prescription extinguishes the right to obtain forced execution and any enforceable title loses its enforceable power. In the case of judicial and arbitral decisions, if the right to obtain the defendant's obligation is unforeseeable or, as the case may be, has not been prescribed, the creditor may obtain a new enforceable title, on the way of a new trial, without being able to oppose the exception the working authority judged. " 205. In Article 701, paragraphs 1 and 3 shall be amended and shall read as follows: "" Art. 701 (1) Against forced execution, the terminations given by the bailiff, as well as against any act of execution may be appealed by those interested or injured by execution. It can also be appealed to the execution and if the bailiff refuses to carry out a forced execution or perform an act of enforcement under the law. ....................................................................... (3) Also, after the commencement of forced execution, those interested or injured may ask, on the way of the appeal for execution, and the cancellation of the conclusion by which the application for the consent of the forced execution was granted, if it was given without fulfilling legal conditions. " 206. In Article 702, paragraphs 2 and 3 shall be amended and shall read as follows: " (2) Where enforcement is made pursuant to an enforceable title other than a judicial decision, may be invoked in the appeal to enforcement and factual or legal grounds relating to the substance of the right of the enforceable title, only if the law does not provide for that enforceable title a specific procedural path for its abolition. (3) A new appeal cannot be made by the same party for reasons that existed on the date of the first appeal. However, the objector may amend his original application by adding new grounds of appeal if, in respect of the latter, the time limit for the exercise of the challenge to execution is respected. " 207. Article 703 is amended and shall read as follows: "" Art. 703 Competent court (1) The contestation shall be entered at the executing court. (2) In the case of forced pursuit by attachment, if the domicile or seat of the debtor is in the constituency of another court of appeal than the one in which the enforcement court is located, the appeal may also be entered at the court in whose constituency has its domicile or seat debtor. In the case of forced tracking of buildings, the forced pursuit of fruit and general income of buildings, as well as in the case of forced surrender of immovable property, if the building is in the constituency of another court of appeal than the one in which it is find out the enforcement court, the appeal can also be entered at the court at the place of the location of the property. (3) The contestation on the clarification of the meaning, extent or application of the enforceable title shall be entered at the court that delivered the judgment that is executed. If such an appeal concerns an enforceable title that does not emanate from an organ of jurisdiction, the jurisdiction of settlement belongs to the executing court. " 208. In Article 704, paragraph 3 is amended and shall read as follows: "(3) The appeal regarding the clarification of the meaning, extent or application of the enforceable title can be made at any time within the limitation period of the right to obtain forced execution." 209. In Article 709, paragraph 1 is amended and shall read as follows: "" Art. 709 (1) If he admits the appeal to execution, the court, taking into account its object, as the case may be, shall either direct the contested enforcement act, order the cancellation or termination of the execution itself, cancel or clarify the enforceable title. " 210. In Article 710, paragraphs 1 and 4 are amended and shall read as follows: "" Art. 710 (1) Until the adjudication of the goods for sale, the debtor or the guarantor third party may obtain the abolition of the precautionary measures or the execution, recording at the unit provided by the law, at the disposal of the bailiff, the entire value of the claim, with all the accessories and expenses of execution, and submitting proof of record to the bailiff. ........................................................................ (4) If, however, the debtor or the guarantor third party proves that he has appealed within and will object to the release, it shall be suspended by law and the bailiff shall rule on the release of the sum only after the court has given a decision. final on the respective appeal. " 211. Article 717 (1) is amended and shall read as follows: "" Art. 717 (. Mobile goods which are subject to a division of the estate affected by the exercise of an authorised profession may be pursued only by creditors whose claims have been born in connection with the exercise of that profession. If the goods are not affected by an individual professional heritage, but they serve to exercise the occupation or profession of the individual debtor, they may be subject to forced pursuit only if there are no other traceable goods and only for obligations maintenance or other privileged claims on mobiles. '; 212. In Article 721, paragraph 4 is amended and shall read as follows: " (4) Mobile goods in the place which constitute the domicile or residence or, as the case may be, the registered office or the working point of the debtor shall be presumed, until proven otherwise, that they belong to the latter. If it is stated that some property belongs to another person, but its rights do not result from documents with a certain date, the executor will seize the goods, but he will make mention in the minutes of seizure about the claimed rights. " 213. Article 731 is amended and shall read as follows: "" Art. 731 Advertising of seizure (1) The application of the seizure shall be made mention, at the request of the bailiff, in the commercial register, in the Electronic Archive of Real Securities, in the succession register kept by the public notaries or in other registers of Advertising, as appropriate. (2) From the date of registration, the seizure becomes opposable to all those who, after registration, will acquire any right on that good. " 214. In Article 740 (1), point 1 is amended and shall read as follows: " 1. pays the claim, including accessories and execution expenses, in the hands of the creditor or representative or having special power of attorney. Art. 693 693 are applicable; ' 215. In Article 743, paragraph 2 is amended and shall read as follows: " (2) If until the end of the term provided in par. (1) the third party buyer does not record the price offered at the disposal of the bailiff, the term for sale at public auction will be fixed, according to art. 748 748. " 216. In Article 748, paragraph 1 is amended and shall read as follows: "" Art. 748 (1) If the valorization of the goods is to be made by sale at public auction, the bailiff, no later than one day after the expiry of the deadlines provided for in art. 742 742 para. ((1) or in art. 743, and, in the case of goods provided in art. 742 742 para. (2), from the date of the minutes of seizure, will fix, by final conclusion, the day, time and place of the auction. " 217. In Article 750, paragraph 1 is amended and shall read as follows: "" Art. 750 (1) The Executor of the Court shall notify the creditor, debtor, third-party holder of the seized property, as well as any person who has a right in connection with these goods about the day, time and place of sale at auction, according to the provisions regarding the communication and delivery of the citations, at least 48 hours before the deadline for the sale. " 218. In Article 751 (2), two new letters, letters g ^ 1) and g ^ 2 are inserted after point g), with the following contents: " g ^ 1) the summons for all those who claim any right over the property to notify the executor before the date set for sale, within the time limits and under the sanctions provided by law; g ^ 2) the invitation to all those who want to buy the good to present themselves at the sales deadline, at the place fixed for this purpose and up to that deadline to submit purchase offers; " 219. In Article 751, after paragraph 6, two new paragraphs are inserted, paragraphs 7 and 8, with the following contents: " (7) One copy of the sales publication will be communicated to the persons referred to in art. 750 750 para. ((1). (8) If the movable property of a minor or of a person placed under a court prohibition is pursued, the provisions of art. 829 829 para. ((2) are applicable. " 220. In Article 756, paragraph 1 is amended and shall read as follows: "" Art. 756 (1) Any person who has full exercise capacity as well as the ability to acquire the goods put up for auction may participate in the auction. " 221. Article 759 is amended and shall read as follows: "" Art. 759 Extinguishing the right of pre-emption The holder of a right of pre-emption who did not participate in the auction will no longer be able to exercise his right after the adjudication of the good. " 222. In Article 771, paragraph 2 is amended and shall read as follows: " (2) In the case of attachment on the accounts of a natural or legal person, the jurisdiction belongs to the bailiff whose office is in the constituency of the court of appeal from the domicile or seat of the debtor or, as the case may be, from the main office or, where applicable, from the secondary offices of the credit institution where the debtor opened his account. If the debtor has several accounts opened, the jurisdiction for the establishment of the attachment on all accounts belongs to the bailiff from any of the places where they were opened. " 223. In Article 772, paragraph 1 is amended and shall read as follows: "" Art. 772 (1) The attachment shall be established without notice, on the basis of the conclusion of the declaration of enforceability, by the address in which the enforceable title will be specified and the attachment, which will be communicated to the third person shown in art. 770 770 para. ((1), together with the conclusion of enforceability or a certificate on the solution delivered in the file. The measure taken will also be notified to the debtor, who will be notified, in copy, the address of establishment of the attachment, to which certified copies will be attached from the conclusion of enforceability or on the certificate on the solution delivered in the file, and the enforceable title, if the latter were not previously communicated to him. " 224. In Article 773, paragraph 1 is amended and shall read as follows: "" Art. 773 (1) From the moment of communication of the address for the establishment of the attachment to the third party, all the amounts and the poprite goods are preserved. From the freezing and until the full payment of the obligations provided for in the enforceable title, including during the suspension of the prosecution by attachment, the third party will not make any other payment or other operation that could diminish preserved goods if the law does not provide otherwise. " 225. In Article 773, a new paragraph (8) is inserted after paragraph 7, with the following contents: " (8) If the enforceable title includes a payment obligation in foreign currency, the credit institutions shall be authorized to make the conversion in foreign currency indicated in the enforceable title of the amounts existing in the debtor's accounts, either in lei or in a other currency than that in which the execution is made, without the consent of the account holder, at the exchange rate communicated by the National Bank of Romania for that day. " 226. In Article 774, a new paragraph (4) is inserted after paragraph 3, with the following contents: " (4) In the case of attachment to securities or other embedding movable property, the provisions of art. 731 731 shall apply accordingly. '; 227. In Article 789, paragraph 3 is amended and shall read as follows: "" (3) Tracking the income of a building cannot be carried out if there is a real estate tracking on the same building. " 228. Article 790 is amended and shall read as follows: "" Art. 790 Application for tracking (1) The application for tracking, accompanied by the enforceable title and proof of payment of stamp duties, shall be directed at the bailiff in the district of the appellate court in whose territorial area the property whose income is pursued is located. (2) The application for tracking will include the mentions provided in art. 654 654 and the indication of the property whose income is being pursued. " 229. Article 791 is amended and shall read as follows: "" Art. 791 Seizure-manager (1) After the consent of the forced pursuit, at the request of the creditor or, in absentia, when he considers that it is necessary, the bailiff will appoint, by conclusion, the date with the short-term citation of the parties, an administrator-seizure, for administration of property income. (2) The creditor, the debtor or another natural person or the legal person may be appointed administrator-seizure. (3) When the sequester is appointed a person other than the debtor, the executor will fix them as remuneration an amount, taking into account the activity submitted, while also establishing the method of payment. (4) The seizure manager acts as administrator in charge of the simple administration of the goods of another, the provisions of the Civil Code regarding the administration of the goods of another by applying accordingly. (5) In the event of failure to fulfil the obligations laid down in his/her task, the seizure manager, at the request of any interested person, may be revoked by the bailiff and replaced by another person. (6) Also, at the request of any interested person, the seizure manager may be ordered to compensation by the executing court. " 230. In Article 802, paragraph 5 is amended and shall read as follows: "" (5) In the case of enforceable securities with claims whose value does not exceed 10,000 lei, the sale of immovable property of the debtor may be made only if he has no other traceable goods or if he has traceable goods, but cannot be capitalized. Unjustified refusal of the debtor to provide the bailiff with the necessary information, clarifications and evidence, as well as the supply of bad information with bad faith in relation to the existence and value of some movable property or some income of nature to be capitalized in order to fully cover the claim allows the triggering of real estate foreclosure even if the value of the claim does not exceed 10,000 lei. " 231. In Article 803, a new paragraph (3) is inserted after paragraph 2, with the following contents: "(3) They are subject to forced pursuit, with the property inscribed in the land register, and any other autonomous or added works, according to the Civil Code, even if the latter are not entered in the land register at the time of the start of the pursuit." 232. In Article 806, paragraph 4 is amended and shall read as follows: " (4) The mortgage lender may not require the foreclosure of the debtor's unmortgaged goods to be put up for sale or unless the foreclosure of mortgaged immovable property has led to the mortgage lender's indestulation within the total amounts. due. " 233. In Article 808, paragraph 1 is amended and shall read as follows: "" Art. 808 (1) The application for tracking, accompanied by the enforceable title and proof of payment of stamp duties, shall be directed at the bailiff in the district of the appellate court in whose territorial area the property belonging to the wanted debtor is located or another person, if a mortgage is followed. " 234. In Article 808, paragraph 3 is repealed. 235. In Article 808, paragraph 4 is amended and shall read as follows: " (4) The application for tracking will include the mentions provided in art. 654 654. " 236. Article 810 (1) shall be repealed. 237. In Article 810, paragraph 3 is amended and shall read as follows: " (3) If only the share belonging to the debtor from the property located in the common property on quotas-parts, certified copies of the declaration of enforceability of the execution will be communicated to the co-owners, with the invitation to exercise the right that is recognized according to art. 812 812. " 238. In Article 811, paragraph 1 is amended and shall read as follows: "" Art. 811 (1) With the communication of the conclusion of consent, the executor will ask the territorial office of cadastre and real estate advertising to order, based on it, to note the tracking of the property in the land book, with the showing of the creditor the amount for which the pursuit is made. 239. Article 815 is amended and shall read as follows: "" Art. 815 Methods of valorisation The foreclosed buildings are capitalized by the sales modalities provided in art. 743-745 743-745, which shall apply accordingly. ' 240. Article 816 is amended and shall read as follows: "" Art. 816 The inoposability of rights The real rights, as well as any other rights inscribed after the note of the prosecution of the property in the land book shall not be possible to be opposed to the creditor of the following creditor and to the adjudicator, apart from the cases expressly provided by law or if the creditor or the adjudicator has agreed with that right or the acquirer or the acquiring third party has recorded the amounts necessary to cover the claims to be pursued, including interest and execution expenses. " 241. Article 818 is amended and shall read as follows: "" Art. 818 The minutes of the situation (1) After the communication of the conclusion of the declaration of enforceability and the grading in the land register of the forced pursuit, the bailiff, in order to identify the following property and his appreciation, will conclude a minutes of the situation, which will includes, in addition to the particulars provided for in art. 828 828 para. ((1) lit. a)-c), e) and m), elements regarding the description of the property pursued, as well as, if applicable, the tax obligations on the building and the amounts due by way of contribution to the expenses of the owners ' association. If the debtor does not provide these elements under the conditions of art. 618, the bailiff will take the steps provided in art. 650 to obtain the documents and relationships that make possible the identification of the tracked property and its evaluation. In the invitation communicated to the debtor according to art. 618, the bailiff, under penalty of nullity of execution, will indicate to the debtor that, in the absence of relations, accompanied by supporting documents, regarding the description of the property to make the evaluation possible, art. 650 650. In all cases, in order to identify the property, the bailiff has the right to move to the place of the building. (2) If the property subject to the pursuit is not entered in the land register, the bailiff will ask the office of cadastre and real estate advertising, on behalf of the debtor, the opening of the land book, based on a cadastral documentation prepared by an authorized person and the property titles obtained, when applicable, under the conditions of art. 650 650. The necessary expenses will be advanced by the creditor and will be imputed to the debtor by way of forced execution expenses, under the conditions of art. 660 660. " 242. Article 823 is amended and shall read as follows: "" Art. 823 Distribution of property income The amounts collected by the seizure manager will be distributed to creditors, in compliance with the provisions of art. 853-876, even before the distribution of the price resulting from the sale of the following property. 243. In Article 824, paragraph 1 is amended and shall read as follows: "" Art. 824 (1) If within 15 days from the communication of the conclusion of the declaration of enforceability the debtor does not pay the debt, the bailiff will start the sales procedure. " 244. Article 825 is amended and shall read as follows: "" Art. 825 Assessment of the property (1) The bailiff shall immediately establish, by conclusion, the circulation value of the property, relative to the average market price in that locality, and shall communicate it to the parties. (2) At the same time, the executor will ask the office of cadastre and real estate advertising to communicate to him the real rights and other tasks that encumbered the following property, as well as any rights of preference registered for the benefit of The holders of these rights will be notified about the execution and will be quoted at the deadlines fixed for the sale of the property. (3) At the request of the interested parties or if he cannot proceed himself to the evaluation, the bailiff shall appoint an expert to determine the circulation value of the property. (4) The request for expertise will be made by the parties, within 15 days from the communication of the conclusion provided in par. (1), under penalty of decay. The expertise may also be required by the acquiring third party, by the co-owners in the case provided in art. 812, as well as by the intervening creditors, at the same time. (5) All documents that may be used for the assessment of the property will be joined upon request. (6) The expert will be appointed by the executor by enforceable conclusion, which will also show the deadline for submitting the expert report, the provisions of art. 747 747 para. ((6)-(9) by applying accordingly. The conclusion shall be communicated to the parties and The creditor may file documents for the assessment of the property, if any. (7) Another expertise is not admissible, but the parties may agree another value. (8) The refusal of the debtor to allow the access of the expert to the building for evaluation shall not preclude the evaluation, taking into account the documents submitted to the execution file, as well as any other available data or information, including those obtained by the executor on the basis of the steps taken under art. 650 650. " 245. In Article 827, paragraph 1 is amended and shall read as follows: "" Art. 827 (1) Within 5 days from the establishment of the price of the property, the executor will fix, by final conclusion, the deadline for the sale of the property, which will be brought to public knowledge through sales publications. " 246. Article 827 (3) is repealed. 247. Article 828, point k) of paragraph 1 and paragraphs 4 and 6 shall be amended and shall read as follows: " k) the invitation to all those who want to buy the property to present themselves at the sales deadline, at the place fixed for this purpose and up to that deadline to submit purchase offers; ....................................................................... (4) Publications in the extract, including the mentions provided in par. ((1) lit. a), c) and f)-m), will be made, under penalty of nullity, in a national circulation newspaper, if the value of the property exceeds the amount of 250,000 lei, or in a local newspaper, if it does not pass over this amount. The publication, in extract or in its entirety, will also be published in newspapers, magazines and other existing publications that are intended for the sale of buildings of the nature of the one auctioned, including on open internet pages for the same purpose. ....................................................................... (6) The completion of the formalities regarding the display of the publication at the premises of the bailiff, at the place where the following property is located, as well as at the place where the auction is held, if this is other than the place where the building is located, will finds through the minutes concluded by the bailiff. The display at the place of the building can also be done by the procedural agent of the bailiff. In the case of the display at the court premises and at the city hall, the minutes shall be drawn up by the official of the institution responsible for such attributions, at the execution file having to exist, at the auction date, proof that the executor the court asked the respective institutions to display the publication 248. Article 829 (1), letter a) is amended and shall read as follows: " a) to the following creditor and to the debtor, as well as, where applicable, to the third party acquirer, to the co-owners or to other persons who have a right to be entered in connection with the immovable property 249. In Article 830, paragraph 4 is amended and shall read as follows: " (4) The forced pursuit of the property shall be suspended on the date on which the seller of the property pursued submits to the bailiff proof of registration within the period of the appeal for execution provided in par. ((3) or, as the case may be, proof of communication to the purchaser, at the same time, of the unilateral declaration of termination. " 250. In Article 832, paragraph 1 is amended and shall read as follows: "" Art. 832 (1) He may participate in the auction, as a auctioneer, any person who has full exercise capacity, as well as his ability to acquire the good that is sold. " 251. In Article 835, paragraphs 8 and 9 are amended and shall read as follows: " (8) If the price at which the property has been evaluated is not offered either, the sale will be postponed to another term, of no more than 30 days, for which a new publication will be made, under the conditions of art. 828 828. At this deadline, the auction will start at the price of 75% of the starting price of the first auction. If the auction start price is not obtained and there are at least 2 auctioneers, at the same time, the good will be sold at the highest price offered, but not less than 30% of the starting price of the first auction. The sale will be possible even if only one person is presented who offers the price from which the auction begins. In the content of the sales publication prepared for the second term will be inserted, under penalty of nullity, all these mentions on how to determine the price of adjudication of the property at the second term. (9) If even at the second auction the property has not been awarded, at the request of the creditor, the bailiff will be able to establish a new tender, under the conditions provided in par. ((8). At the deadline set in par. ((8), the auction will start at the price of 50% of the starting price of the first auction. If this price is not obtained and there are at least 2 auctioneers, the good will be sold, at this term, at the highest price offered, even if the latter is lower than the value of the claim or guarantee. The sale will be possible even if only one person who offers the starting price of this auction is presented. In the content of the sales publication prepared for the third term, all these mentions on the way of determining the price of adjudication of the property at the third term will be inserted under the sanction of nullity. " 252. Article 836, point e) of paragraph 1 and paragraph 3 shall be amended and shall read as follows: " e) the claims that the tenderers have lodged a guarantee, that the tenderer has been held and that the executor has ordered the immediate refund of the guarantees lodged by the other participants; ....................................................................... (3) The minutes shall be signed by the executor, the creditor, the debtor and the acquiring third party, if they are present, as well as the auctioneer and other participants in the auction, if any. The refusal to sign the minutes will be made mention by the bailiff. " 253. Article 837 is amended and shall read as follows: "" Art. 837 Extinguishing the right of pre-emption The holder of a right of pre-emption who did not participate in the auction will no longer be able to exercise his right after the adjudication of the property. " 254. In Article 838, paragraph 2 is repealed. 255. Article 841 is amended and shall read as follows: "" Art. 841 Payment in installments At the request of the adjudicator, the bailiff, with the consent of the creditor, when he is not an adjudicator, as well as the debtor, for the part of the price exceeding the value of the claim, may set the payment of the price in installments their number, the amount and the date of their maturity, and the amount payable immediately as an advance. " 256. In Article 842, points d) and h)-j) are amended and shall read as follows: " d) the name, surname and domicile or, as the case may be, the name and seat of the debtor, the acquirer and the auctioneer; ........................................................................ h) the mention that the act of adjudication is title of property and that it may be entered in the land register; i) the mention that, for the adjudicator, the act of adjudication constitutes enforceable title against the debtor or, as the case may be, of the acquiring third party, as against any person who possesses or owns the property adjudicated, without being able to invoke a right opposable under the law; j) the mention that, for the creditor, the act of adjudication constitutes enforceable title against the adjudicatory that does not pay the price difference, if the sale was made with the payment of the price in installments; " 257. In Article 842, after letter j) two new letters, letters k) and l) are inserted, with the following contents: " k) the date of drawing up the act of adjudication, signature and stamp of the bailiff, and the signature of the adjudicator; l) the mention that the act of adjudication is submitted to the appeal for execution under the conditions of 844 844. " 258. In Article 843, paragraph 1 is amended and shall read as follows: "" Art. 843 (1) A copy of the act of adjudication will be handed over to the adjudicatory to serve as title, and another will be communicated ex officio to the cadastre office and real estate advertising for provisional registration in the land register of the right of the property of the adjudicatory, at its expense. " 259. In Article 844, paragraph 1 is amended and shall read as follows: "" Art. 844 (1) Within one month from the date of provisional registration in the land book, the debtor or the acquiring third party, the following creditors and any other person concerned, after the entries of the land books, will be able to appeal the act of adjudication by way of Enforcement challenge. The executing court may suspend the release or, as the case may be, the distribution of the amounts resulting from the foreclosure of the property If the request for suspension is made by the debtor or the acquiring third party, he is obliged to pay the bail under the conditions of art. 708 708 para. ((2). ' 260. Article 845 is amended and shall read as follows: "" Art. 845 Intabulation of ownership and possession of the adjudicatory (1) If no appeal has been filed within the period provided for in art. 844 844 para. (1) or if it was rejected by final judgment, the bailiff shall decide ex officio, by final conclusion, that the right of property of the adjudicator be intabulat in the land register, even if the adjudicator is the very third party that already had the right to enter the land registry. If the right acquired by the adjudicator was provisionally entered, only provisional registration will be ordered. (2) At the same time, at the request of the adjudicator, he will be taken possession of the property awarded by the executor, unless he was previously in possession, according to art. 843 843 para. ((2). (3) If the property was sold with payment of the price in installments, the bailiff will decide, by the same conclusion, and the registration in the land register of the prohibition of alienation and encumbrance of the property until the full payment of the price and the corresponding interest. (4) The Executor of the Court shall also hand over to the creditor the pursuer a copy of the act of adjudication, which shall serve him as enforceable title against the buyer, if he does not pay the price difference. " 261. Article 851 is amended and shall read as follows: "" Art. 851 Action in setback (1) If it has been totally or partially evated, the adjudicator may act on the debtor pursued to be compensated. The legal provisions regarding the seller's appeal shall apply accordingly. (2) In so far as it cannot be indestulated from the debtor, the adjudicator may act on the creditor who collected the award price, within the limit of the amount collected. The limitation period is one year and flows from the date on which the enforcement against the debtor has ceased for the reason provided in art. 693 693 section 2 2. " 262. In Article 854 (1), point a) is amended and shall read as follows: " a) claims representing costs, for insurance or enforcement measures, for the preservation of goods whose price is distributed, any other expenses made in the common interest of creditors, as well as claims born against the debtor for the expenses incurred during the fulfilment of the conditions or formalities provided by law for the acquisition of the right on the adjudicated property and its registration in the advertising register; " 263. In Article 854, a new paragraph (1 ^ 1) is inserted after paragraph 1, with the following contents: "" (1 ^ 1) The provisions on legal subrogation remain applicable for the benefit of the one who pays any of the claims provided in par. ((1). ' 264. In Article 859, paragraph 1 is amended and shall read as follows: "" Art. 859 (1) In order to participate in the distribution, all interested creditors will have to submit to the headquarters of the bailiff, within the deadline provided in art. 858 858 para. ((4), the debt securities, in original or in certified copy, distinctly showing the capital, interest and expenses owed to them, as well as, if applicable, the rights of preference not entered in the land book or other registers public. " 265. In Article 865, paragraph 3 is amended and shall read as follows: " (3) The one dissatisfied with the draft distribution may enter an appeal within 5 days from the date of drawing up the minutes provided in par. ((2). The appeal suspends the payment of the claim or the part of the contested claim. At the first deadline to which the parties were legally cited, the court is obliged to rule on the maintenance or, as the case may be, the removal of the suspension. The court rules by concluding, which can be appealed only with appeal, within 5 days of the ruling. The appeal shall not suspend the execution of the contested conclusion. ' 266. In Article 874, paragraph 1 is amended and shall read as follows: "" Art. 874 (1) The securities of claims paid in full will be issued to creditors, with the mention of total extinguishment of debt 267. In Article 877, paragraph 1 is amended and shall read as follows: "" Art. 877 ((1) If the obligation of the debtor provided for in the enforceable title consists in leaving the possession of a good, in the surrender of a good or its use or in the evacuation of the debtor from a dwelling or another premises, in the abolition of a construction, plantations or other works or in the performance of any other activity established for the realization of the creditor's rights, and the debtor does not willingly execute his obligation within the term provided for in the summons, the creditor will request forced execution, being able, in relation to the circumstances of the case and the nature of the obligation to be to refer the matter to the executing court, with a view to applying a penalty. " 268. Article 878 is amended and shall read as follows: "" Art. 878 Execution without notice At the request of the creditor, if an urgent need is justified or there is a danger that the debtor will evade prosecution, hide, destroy or damage the goods to be handed over, the court will be able to order, by concluding the consent of the forced execution, that the forced execution shall be done immediately and without notice. " 269. In Article 879, paragraph 2 is amended and shall read as follows: "(2) The minutes shall be communicated to the parties, and a copy shall be kept at the execution file." 270. In Article 881, paragraph 1 is amended and shall read as follows: "" Art. 881 (1) If in the enforceable title it has not been determined what amount to be paid as equivalent of the value of the work in case of the impossibility of its surrender, the executing court, at the request of the creditor, will determine this amount by decision given with the citation Parties. In all cases, at the request of the creditor, the court shall also consider the prejudices occasioned by the non-performance willingly of the obligation, before it becomes impossible to execute. " 271. Article 883 is amended and shall read as follows: "" Art. 883 Execution of forced execution (1) In order to enforce the obligation provided in art. 882, the bailiff will raise the good pursued from the debtor or from the person he is at, putting the creditor in his rights, established by the enforceable title. (2) The bailiff will conclude, under the conditions of art. 879, a report on the performance of the execution, while establishing the execution expenses that the debtor is to pay. " 272. Article 884 is amended and shall read as follows: "" Art. 884 Inability to surrender If, within 30 days from the date of travel of the bailiff to the place where the movable property was to be raised, the forced surrender was not carried out to the creditor, the bailiff, at the latter's request, may draw up a conclusion to find the impossibility of teaching. Art. 880 and 881 shall apply accordingly even when the debtor, after the end of the 30-day period, offers the surrender of the good to the creditor. " 273. In Article 887, a new paragraph (4) is inserted after paragraph 3, with the following contents: " (4) Execution in the manner of real estate foreclosure will be able to continue on the day of its commencement just after 20,00, as well as in the following days, including non-working days, if not completed due to an opposition to execution from the debtor or another person or if the operations to be carried out to complete the forced execution could not be carried out until 20,00. " 274. Article 889 is amended and shall read as follows: "" Art. 889 The minutes of forced surrender About the performance of the execution according to the provisions of this chapter, the bailiff will draw up a minutes, the provisions of 879 879 being applicable. If the debtor refuses to receive the minutes, he is missing or, as the case may be, left the property after the start of execution, and his domicile is in that building, the bailiff, if the debtor did not communicate to him an elected home, he will proceed to the display of the minutes of forced surrender on the door of the property or in any other part of the building that makes it visible. " 275. In Article 890, paragraphs 2 and 3 are amended and shall read as follows: " (2) The price of the goods sold, after deduction of foreclosure expenses, including sales expenses and custodian remuneration, will be recorded in the name of the debtor, who will be notified about it according to the provisions regarding the communication and delivery of the citations. Art. 889 889 shall apply accordingly. ((. Goods which have no market value shall be declared abandoned. Also, at the request of the creditor, the bailiff may declare abandoned movable property that has market value and have not been claimed by the debtor or other person who would prove the status of the owner, within 4 months of the date of conclusion of the syllabi. ' 276. In Article 890, paragraph 5 is repealed. 277. Article 891 is amended and shall read as follows: "" Art. 891 Reoccupation of the property (1) If, after the conclusion of the minutes of forced surrender, the debtor or any other person, in the absence of prior express consent or of a judicial decision, enters or reinstalls in the building, at the request of the creditor or another interested persons, a new enforcement will be possible based on the same enforceable title, without notice and without any other prior formality. (2) In the case provided in par. ((1), any movable property, regardless of their nature or value, which were not raised on the date of initial forced surrender or which were brought into the building after the reoccupation, shall be regarded as abandoned from the moment of reinstatement. (3) On the basis of the minutes provided to the criminal prosecution body, in certified copy, by the bailiff, the prosecution will be triggered. " 278. In Book V of Title III, Chapter IV, Section 1, a new Article is inserted before Article 892, Article 891 ^ 1, with the following contents: "" Art. 891 891 ^ 1 Scope of application (1) The provisions of this Section are applicable in the case of forced execution in the nature of the obligations to do or not to do under an enforceable title. If by the enforceable title the creditor was authorized that, at the expense of the debtor, he would execute himself or make the obligation to do or, as the case may be, remove or raise what the debtor did in violation of the obligation to it does not, it is no longer necessary to obtain a new enforceable title to determine the compensation due by the debtor or, as the case may be, the value of the works necessary to restore the situation prior to the violation of the obligation not to do. In these latter cases, the respective amounts shall be determined on the basis of expertise or other supporting documents by the bailiff, according to the provisions of art. 619. (2) Provisions art. 1.528 of the Civil Code remain applicable. " 279. Article 894 is amended and shall read as follows: "" Art. 894 Application of penalties (1) If within 10 days from the communication of the conclusion of the declaration of enforceability the debtor does not execute the obligation to do or not to do, which cannot be fulfilled by another person, it may be constrained to its fulfillment, by the application of penalties, by the executing court. (2) When the obligation is not assessable in money, the court seised by the creditor may oblige the debtor, by final conclusion with the citation of the parties, to pay in favour of the creditor a penalty from 100 lei to 1,000 lei, established per day by delay, until the execution of the obligation under the enforceable title (3) When the obligation has an objectifiable object in money, the penalty provided in par. ((2) may be determined by the court between 0.1% and 1% per day of delay, a percentage calculated from the value of the object of the obligation. (4) If within 3 months from the date of communication of the conclusion of the application of the penalty the debtor does not execute the obligation provided for in the enforceable title, the executing court, at the request of the creditor, will fix the final amount Title, by final conclusion, date of summoning the parties. (5) Penalty may be removed or reduced, by way of appeal to execution, if the debtor executes the obligation provided for in the enforceable title and proves the existence of thorough reasons that justified the delay of execution. (6) The conclusion given in the conditions of par. ((4) is enforceable. " 280. In Article 900, paragraph 1 is amended and shall read as follows: "" Art. 900 (1) If the debtor does not fulfill his obligation, the penalty established by the court according to art. 894 will flow until the moment of execution, but not more than 3 months after the communication of the conclusion provided in art. 894 894 para. ((2). ' 281. In Article 901, paragraph 5 is amended and shall read as follows: " (5) If and during this procedure the execution cannot be carried out due to the refusal of the minor, the creditor may refer the matter to the competent court of the place where the minor is in order to apply a penalty, the provisions of art. 894 894 para. ((2) and (4)-(6) being properly applicable. ' 282. In Article 903, paragraph 1 is amended and shall read as follows: "" Art. 903 (1) The request for divorce is the jurisdiction of the court in the constituency of which the joint dwelling of the spouses is located. If the spouses did not have the common home or if none of the spouses live in the district of the court where the common dwelling is located, the competent court is that in the constituency to which the defendant has his home, and when the defendant does not have a home in the country and the Romanian courts are international competences, it is the jurisdiction of the court in the constituency to which the plaintiff has his 283. In Article 914, a new paragraph (4) is inserted after paragraph 3, with the following contents: " (4) If the action is continued by the heirs of the applicant husband, according to par. ((2), the marriage shall be deemed to be opened at the time of the application for divorce. " 284. In Article 919, paragraph 4 is amended and shall read as follows: " (4) The decision rendered under the conditions of paragraph (1) is final and the judgment rendered according to par. (2) is final only in respect of divorce, if the law does not provide otherwise. " 285. In Article 922, paragraph 3 is amended and shall read as follows: " (3) 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 application will be rejected as unfounded unless they are satisfied. the conditions provided in art. 923 on the pronouncement of the plaintiff's exclusive wrongful divorce. " 286. In Article 923, paragraph 1 is amended and shall read as follows: "" Art. 923 (1) When the spouses are separated in fact for at least 2 years, any of them will be able to request a divorce, assuming responsibility for the failure of the 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. " 287. Article 924 is amended and shall read as follows: "" Art. 924 Competent court The application for a judicial prohibition of a person shall be settled by the court of guardianship in whose constituency he is domiciled. " 288. In Article 926, paragraph 3 is amended and shall read as follows: " (3) If applicable, the President shall also have the appointment of a curator under the conditions of the Civil Code. The appointment of the curator shall be compulsory for the representation in court of the one whose placing under the injunction is required, if the state of his health prevents his personal presentation. " 289. In Article 929 (1), point (b) is repealed. 290. After Article 929, a new article is inserted, Article 929 ^ 1, with the following contents: "" Art. 929 929 ^ 1 Appointment of guardian If the decision of placing under judicial prohibition has remained final, the court of guardianship shall immediately appoint a guardian for the protection of the one placed under a judicial prohibition, under the conditions provided by the Civil Code. " 291. In the 6th book, the title of Title IV is amended and shall read as follows: "" Title IV Precautionary and provisional measures ' 292. Article 939 is amended and shall read as follows: "" Art. 939 Notions The insurer seizure consists in the freezing of movable or/and immovable property assets of the debtor in possession of it or of a third party for the purpose of their recovery when the creditor of a sum of money will obtain a title executory. " 293. In Article 940, paragraph 3 is amended and shall read as follows: " (3) The court may approve the seizure of the insurer even when the claim is not chargeable, in cases where the debtor has reduced by deed the assurances given to the creditor or has not given the promised assurances or when there is danger that the debtor to evade prosecution or to hide or to dispel his wealth. In these cases, the creditor must prove the fulfilment of the other conditions provided in par. ((1) and to lodge a bail, the amount of which will be fixed by the court. " 294. In Article 941, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 941 (1) The insurance seizure application is addressed to the court that is competent to judge the trial in the first instance. The creditor is not obliged to individualize the goods on which the seizure is requested to be established. (2) The court will decide urgently in the council chamber, without citing the parties, by enforceable conclusion, setting the amount by which the seizure is agreed, while fixing, if applicable, the amount of bail and the term within which it follows it shall be filed. " 295. In Article 941, a new paragraph (2 ^ 1) is inserted after paragraph 2, with the following contents: " (2 ^ 1) The conclusion by which the application for seizure is resolved shall be communicated to the creditor immediately by the court and the debtor by the bailiff, with the taking of the measure. The conclusion is subject only to the call, within 5 days of communication, to the higher hierarchical court. The appeal is adjudicated urgently and in particular, with the short-term citation of the parties. " 296. In Article 942, paragraphs 1 to 3 are amended and shall read as follows: "" Art. 942 (1) The measure of the seizure of the insurer shall be carried out by the bailiff, according to the rules of this Code with respect to enforcement, which shall apply accordingly, without seeking any authorization or consent in this case. meaning. (2) In the case of movable property, the executor will travel, as soon as possible, to the place where the goods on which the seizure will be applied are located. The bailiff will apply the seizure of the following goods only to the extent necessary to achieve the claim. In all cases, the insurer seizure will apply without notice or prior notice to the debtor. (3) The insurer established on a good subject to advertising formalities shall be entered immediately in the land register, the commercial register, the Electronic Archive of Real Securities or in other public registers, as the case may be. The enrolment makes an opposable seizure of all those who, after registration, will acquire any right on the respective property. " 297. In Article 948, paragraph 2 is amended and shall read as follows: " (2) The application for seizure shall be judged urgently in the council chamber, with the citation of the parties. The conclusion is enforceable and is subject only to the appeal, within 5 days of the ruling. " 298. Article 958 is amended and shall read as follows: "" Art. 958 Applicable rules (1) The resolution of the application, the execution of the measure, the abolition and erection of the precautionary attachment will be carried out according to 941-946 941-946, which shall apply accordingly. (2) In the request for banking attachment the creditor is not obliged to individualize the third parties with regard to which he requests to establish the attachment. " 299. In Article 960, after paragraph 2, two new paragraphs are inserted, paragraphs 3 and 4, with the following contents: " (3) In the case provided in par. (2), the party that obtained the establishment of the judicial seizure is obliged to bring the action to the competent court, to initiate the steps for the constitution of the arbitral tribunal or to request the execution of the enforceable title, in a no more than 20 days after the date of approval of the precautionary measure. (4) Failure to comply with par. (3) attracts the abolition of the judicial seizure. It shall be concluded by final date without citing the parties. " 300. In Article 963, paragraph 2 is amended and read as follows: " (2) The seizure manager will be able to do all the acts of preservation and administration, will collect any income and amounts due and will be able to pay current debts, as well as those found by enforceable title. Also, with the prior authorization of the court that appointed him, the sequester will be able to dispose of the property if it cannot be preserved or if, for another reason, the measure of estrangement is manifestly necessary and, if it was in advance authorized, he shall be able to stand trial on behalf of the litigating parties with regard to the good placed under seizure. " 301. After Article 964, a new chapter, Chapter IV, is inserted, comprising Articles 964 ^ 1 and 964 ^ 2, with the following contents: "" CHAPTER IV Provisional measures in the field of intellectual property rights + Article 964 ^ 1 Scope of application (1) The provisions of this Chapter govern the provisional measures necessary for the protection of intellectual property rights, regardless of their content, patrimonial or non-patrimonial, and regardless of their source. (2) The provisional measures necessary to protect other non-patrimonial rights are provided in art. 255 of the Civil Code. + Article 964 ^ 2 Provisional measures (1) If the holder of the intellectual property right or any other person exercising the intellectual property right with the consent of the holder makes credible proof that his intellectual property rights are the subject of an action illicit, current or imminent and that this action risks causing it a hard damage to repair, may ask the court to take provisional measures. (. The court may order in particular: a) prohibition of infringement or provisional termination; b) taking the necessary measures to ensure the preservation of evidence. ((3) In the case of damages brought by the means of the written or audiovisual media, the court may not order the provisional termination of the injurious action unless the damage caused to the applicant is serious, if the action is not is obviously justified, according to art. 75 of the Civil Code, and if the measure taken by the court does not appear to be disproportionate in relation to the damage caused. Art. 253 253 para. (2) of the Civil Code remain applicable. (. The court shall settle the application in accordance with the provisions relating to the injunction, which shall apply accordingly. If the application is made before the introduction of the substantive action, by the decision ordering the provisional measure it will also be fixed the time limit in which the substantive action must be introduced, under the sanction of the termination of that measures. Provisions of paragraph ((6) are applicable. (5) If the measures taken are likely to cause injury to the opposing party, the court may oblige the applicant to give a bail in the amount fixed by it, under penalty of termination of the measure ordered. (6) Measures taken according to the provisions of paragraph (1)-(4) prior to the introduction of legal action for the defence of the infringed right shall cease by law if the applicant did not refer the matter to the court within the time limit fixed by it, but no later than 30 days after their taking (7) The applicant shall, at the request of the party concerned, fix the damage caused by the provisional measures taken, if the substantive action is dismissed as unfounded. However, if the complainant was not at fault or had an easy fault, the court, in relation to the concrete circumstances, may either refuse to make the compensation required by the opposing party or order their reduction. (8) If the opposing party does not claim damages, the court will order the release of the bail, at the request of the complainant, by decision given with the citation of the parties The application shall be judged in accordance with the provisions relating to the injunction, which shall apply accordingly. If the defendant opposes bail, the court will set a deadline for the introduction of the substantive action, which may not be longer than 30 days from the date of delivery of the judgment, under penalty of termination of the measure. the freezing of the amount secured by security. ' 302. In Article 968, paragraph 2 is amended and shall read as follows: " (2) If the parties reach an agreement on the division of the goods, the court will decide according to their agreement. The division can be made by good agreement and if among those interested are minors, persons placed under judicial prohibition or missing, but only with the prior consent of the guardianship court, as well as, if applicable, the representative or the legal protector. " 303. In Article 980, paragraphs 2 and 4 are amended and shall read as follows: " (2) Once remaining final, the party decision constitutes enforceable title and can be enforced even if it did not ask for the actual surrender of the good or the court did not expressly order this surrender. ..................................................................... (4) The execution of the divided goods may be required within the limitation period of 10 years provided for in art. 696 696. " 304. In Article 981, paragraph 3 is repealed. 305. In Article 984, paragraphs 1 and 3 shall be amended and shall read as follows: "" Art. 984 (1) In order to judge the application, the parties will be quoted according to the rules on citation in urgent processes, and the defendant will be notified a copy of the application and the accompanying documents. Meeting is not mandatory. ................................................................... (3) The judgment is made urgently and in particular, not being admissible evidence whose administration requires a long time. The provisions on process research are not applicable. " 306. In Article 992, paragraph 1 is amended and shall read as follows: "" Art. 992 (1) For the purpose provided in art. 991, the debtor will make the creditor, by intercession of a judicial executor from the constituency of the appellate court in which the domicile or the seat of the creditor or his chosen domicile, an injunction, is invited to receive the benefit due. " 307. In Article 994, paragraph 2 is amended and shall read as follows: " (2) In the case provided in par. (1), 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 the goods is made under the conditions provided by law. 308. In Article 995, paragraph 2 is amended and shall read as follows: " (2) Within 15 days from the communication of the conclusion provided in par. (1), the creditor will be able to ask for its cancellation for non-compliance with the conditions of validity, substantive and form of the payment offer and the consemnation, at the court in the constituency to which the record was made. The decision can be appealed only with appeal, within 10 days of communication. " 309. Article 998 is amended and shall read as follows: "" Art. 998 Incidence of Civil Code provisions The provisions of this Title shall be supplemented by the provisions of the Civil Code regarding payment, as well as those relating to payment offers and consignnations. " 310. In Article 999, paragraphs 1 and 2 and the introductory part of point (b) of paragraph 3 shall be amended and shall read as follows: "" Art. 999 (1) The provisions of this Title shall apply to certain, liquid and chargeable claims consisting of obligations to pay money resulting from a civil contract, including those concluded between a professional and a contracting authority, found by registered or determined according to a statute, regulation or other inscription, appropriated by the parties by signature or otherwise accepted by law. (2) The claims made at the credit table in the framework of insolvency proceedings are not included in the scope of this Title. ...................................................................... b) any body governed by public law other than those referred to in lett. a), with legal personality, which was established to meet needs of general interest, without profit, and which is in at least one of the following situations: ". 311. In Article 1,000, paragraph 2 is amended and shall read as follows: " (2) This injunction interrupts the extinction prescription according to the provisions of art. 2.540 2.540 of the Civil Code, which shall apply accordingly. " 312. In Article 1.002, paragraph 2 is amended and shall read as follows: " (2) On request, the documents certifying the amount of the amount due and any other supporting documents of it shall be attached. Proof of communication of the notice referred to in 1.000 1.000 para. (1) shall be attached to the application under the sanction of its rejection as inadmissible. " 313. In Article 1.003, paragraph 4 is amended and shall read as follows: " (4) It is hit by absolute nullity the convention or the clause by which an obligation of formal notice is fixed to operate the flow of interest in the cases provided in par. ((2) 1 and 2 or a term from which the claim produces interest, higher than that provided in par. ((2). ' 314. In Article 1.004, paragraph 4 is amended and shall read as follows: "" (4) The meeting shall not be communicated to the complainant, who shall become aware of the contents of the case file. " 315. In Article 1.005, paragraph 3 is amended and shall read as follows: "(3) The judgment of dispatch shall be final and shall be enforceable." 316. Article 1.008 is amended and shall read as follows: "" Art. 1.008 Procedure duration (1) If the debtor does not contest the claim by meeting, the payment order will be issued no later than 45 days after the application. (2) Do not enter into the calculation of the term provided in (1) the period necessary for the communication of procedural documents and the delay caused by the creditor, including as a result of the modification or completion of the application 317. In Article 1.010, paragraph 1 is amended and shall read as follows: "" Art. 1.010 (1) The payment order shall be enforceable, even if it is appealed for annulment and shall have the working authority on a provisional basis until the request for cancellation is resolved. The payment order shall become final following the non-introduction or rejection of the request for cancellation. Art. 628 628 remain applicable. ' 318. Article 1.011 (3), letter i) is amended and shall read as follows: "" i) touches on the right to privacy or other rights concerning personality. " 319. In Article 1.012, paragraph 1 is amended and shall read as follows: "" Art. 1.012 ((. The applicant shall have the choice between the special procedure covered by this Title and the common law procedure. " 320. In Article 1.014, paragraph 4 is amended and shall read as follows: " (4) If the information provided by the complainant is not clear enough or is inadequate or the application form has not been completed correctly, the court will grant the complainant the opportunity to complete or rectify the form or provide additional information or documents. The court will use for this purpose a form-type, which will be approved by order of the Minister of Justice. " 321. In Article 1.014, paragraph 5 is repealed. 322. In Article 1.016, paragraph 3 is amended and shall read as follows: "(3) The judgment of the first court is enforceable." 323. Article 1.029 is amended and shall read as follows: "" Art. 1.029 Challenge to enforcement Against the execution of the evacuation decision those interested may enter a challenge to execution, under the law. " 324. In Article 1.037, paragraph 5 is amended and shall read as follows: " (5) If no opposition has been made within the period provided in par. ((2) lit. e) or if the one enrolled in the land book is deceased or has ceased legal existence or has given up the property, the court will rule in the council chamber, after hearing the complainant and the witnesses and verifying the fulfilment the conditions required by law for the acquisition of the right complained against under the usurpation, by conclusion. " 325. In Article 1.049, paragraph 3 is amended and shall read as follows: " (3) The court rules on the application for restitution of the bail with the citation of the parties, by an end subject only to the appeal to the superior hierarchical court. The appeal is suspensive of execution. The conclusion delivered by one of the sections of the High Court of Cassation and Justice shall be final. ' 326. In Article 1.052, paragraph 2 is amended and shall read as follows: " (2) Unless otherwise provided by law, the Romanian court before which the defendant is called shall remain competent to judge the application, if the defendant presents himself before the court and formulates defences in substance, without invoking the exception of non-applicant, at the latest until the end of the investigation of the trial before the first instance. 327. Article 1.056 is amended and shall read as follows: "" Art. 1.056 International competence verification (1) The court seised shall verify ex officio its international competence, proceeding according to the internal rules on jurisdiction, and if it determines that it is not competent either, no other Romanian court, rejects the application as not having jurisdiction Romanian jurisdiction, subject to the application of art. 1.055 1.055. The court's ruling is subject to appeal to superior hierarchical court. (2) The international petition of the Romanian court may be invoked in any state of the trial, even directly in the remedies. Art. 1.052 1.052 remain applicable. ' 328. In Article 1.064, point 6 is repealed. 329. In Article 1.066 (2), a new point 1 ^ 1 is inserted after point 1, with the following contents: "" 1 ^ 1. requests for divorce, if at the time of introduction of the application the applicant has been domiciled on the territory of Romania for at least 330. In Article 1.066 (2), a new point is inserted after point 2, point 2 ^ 1, with the following contents: "" 2 ^ 1. processes between persons residing abroad, relating to acts or civil status facts registered in Romania, if at least one of the parties is a Romanian citizen; " 331. In Article 1.112, paragraph 1 is amended and shall read as follows: "" Art. 1.112 (1) The one who avails himself of an arbitral foreign judgment may request only its recognition to invoke the working authority on trial or, when it is not voluntarily carried out, the consent of the forced execution on the territory of Romania. " + Article 14 (1) In the contents of art. 111 111 para. ((1) pt. 8 8, art. 118 118, art. 274 274 para. ((1) and (3), art. 294 294 para. ((1), art. 303 303 para. ((2), art. 916 916 para. ((4), art. 929 929 para. ((1) lit. e), art. 932 932 para. ((4), art. 999 999 para. ((1) and para. ((2) lit. b) and art. 1.003 1.003 para. ((2) 1 and 2 of the Code of Civil Procedure, the phrase "enterprizers/entrepreneurs/entrepreneurs/or/and other professionals/professionals" or, as the case may be, the term "entrepreneurs/entrepreneurs" is replaced by the deadline "professional/professional/professionals". (2) In the contents of art. 987 987 para. ((3), art. 1.081 1.081 para. ((1) and art. 1.084 1.084 para. (3) of the Code of Civil Procedure, as well as in the other normative acts in force, the phrase "the power of work judged/the power of the work on trial" is replaced by the phrase "the working authority judged/the authority of the work judged". (3) In the contents of art. 728 728 para. ((2), art. 732 732 para. ((1), art. 733 733 para. ((3), art. 735 735 para. ((3), art. 736 736, art. 737 737, art. 738 738, art. 739 739 para. ((4), art. 776 776 para. ((3) and (4), art. 786 786 para. ((1) and (2), art. 787 787, art. 788 788 para. ((5) and (7), art. 858 858 para. ((3) and art. 888 888 para. ((1) and (2) of the Code of Civil Procedure, the term "custodian/custodian" is replaced by the phrase "administrative-seizure/administrative-seizure". (4) In the contents of art. 336 336 para. ((2), art. 532 532 para. ((1), art. 729 729 para. ((2), art. 733 733 para. ((1) lit. g), art. 735 735 para. ((1), (3)-(6) and art. 888 888 para. ((3) of the Code of Civil Procedure, the term "custody" is replaced by the term "deposit". + Article 15 The marginal name of the following articles of the Code of Civil Procedure shall be amended as follows: --in art. 29 29, "Notion"; --in art. 30 30, "Requests in Justice"; --in art. 31 31, "Appearances"; --in art. 32 32, "Conditions for the exercise of civil action"; --in art. 40 40, "Cases of absolute incompatibility"; --in art. 52 52, "Attack horses"; --in art. 54 54, "Enumeration"; --in art. 58 58, "Conditions of existence"; --in art. 60 60, "Forme"; --in art. 63, " Trial procedure. Remedies "; --in art. 67, " Application form. Deadlines '; --in art. 71 71, "Conditions"; --in art. 72, " Application form. Deadlines '; --in art. 74 74, "Conditions"; --in art. 75, " Application form. Term '; --in art. 77, " Conditions. Term '; --in art. 89 89, "Conditions of granting"; --in art. 90 90, "Ways to participate"; --in art. 91 91, "Effects to the holder of the right"; --in art. 96 96, "General rules"; --in art. 104 104, "Special provisions"; --in art. 117 117, "Requests for insolvency or preventive concordance"; --in art. 119 119, "Requests for accessories, additional and incidental"; --in art. 120 120, "Appearances and procedural incidents"; --in art. 124 124, "incidents concerning arbitration"; --in art. 128, " Conflict of competence. Cases '; --in art. 131 131, "Special provisions"; --in art. 149, "Competent bodies and ways of communication"; --in art. 169 169, "Notion and classification"; --in art. 180, " Failure to comply. Sanctions '; --in art. 182, " Violation of obligations regarding the conduct of the Sanctions '; --in art. 184, "Compensation for postponing the process"; --in art. 198 198, "Measures for the preparation of judgment"; --in art. 204 204, "Notion and conditions"; --in art. 213 213, "Audience offences"; --in art. 214 214, "Checks on presentation of the parties"; --in art. 224 224, "Termen in Knowledge"; --in art. 229 229, "Applicable rules"; --in art. 230, "Incheieri preparators and interlocutors"; --in art. 231 231, "Scope"; --in art. 237, "Impressions that end the process"; --in art. 239 239, "Notion"; --in art. 240 240, "Absolute and relative exceptions"; --in art. 241 241, "Invocare"; --in art. 250 250, "Conventions on evidence"; --in art. 259 259, "Notion"; --in art. 263 263, "Notion"; --in art. 264 264, "Proving power"; --in art. 266 266, "Notion"; --in art. 267 267, "Proving power"; --in art. 274, "Registers of professionals"; --in art. 276 276, "Notion"; --in art. 282 282, "Proving power"; --in art. 288 288, "Cases of rejection of the application for presentation of the document"; --in art. 294, "Presentation of professional registers"; --in art. 320 320, "Money rights of the witness"; --in art. 321 321, "Notion"; --in art. 329 329, "Making expertise on site"; --in art. 333 333, "Money rights of the expert"; --in art. 334 334, "Commission rogatory"; --in art. 336 336, "Keeping"; --in art. 337 337, "Verification"; --in art. 338, " Restitution. Passage into the property of administrative-territorial unit "; --in art. 342 342, "Notion and Ways"; --in art. 353 353, "Conditions of admissibility"; --in art. 359 359, "Special provisions"; --in art. 360 360, "Scope"; --in art. 364 364, "Measures taken by the court"; --in art. 368, "Registration held by third parties"; --in art. 376, "Evidence incidents"; --in art. 381 381, "Applicable provisions"; --in art. 400 400, "Conditions"; --in art. 430 430, "Cases"; --in art. 440 440, "Attack horses"; --in art. 450 450, "Enumeration"; --in art. 473 473, "Special provisions on judgment"; --in art. 476 476, "Completing with other rules"; --in art. 488 488, "Rules on judgment"; --in art. 498 498, "Conditions of admissibility"; --in art. 500 500, "Exercise term"; --in art. 505 505, "Exercise term"; --in art. 509 509, "Conditions of admissibility"; --in art. 520 520, "Scope"; --in art. 529 529, "Applicable rules"; --in art. 530, "Measures taken by the president of the court" --in art. 532, "Incheieri for the release of some goods"; --in art. 533 533, "Notion"; --in art. 567 567, "General provisions"; --in art. 568 568, "Rules of procedure applicable"; --in art. 577 577, "precautionary measures"; --in art. 582 582, "Information held by the public authorities"; --in art. 584 584, "Requests and exceptions"; --in art. 607 607, "Notion"; --in art. 615 615, "Modalities of execution"; --in art. 621 621, "Arrangements regarding the performance"; --in art. 622 622, "Scope"; --in art. 634 634, "Enumeration"; --in art. 659 659, "Exceptions from communication"; --in art. 660 660, "Enforcement expenses"; --in art. 672 672, "Measures in the case of opuners to execution"; --in art. 676 676, "Sanction"; --in art. 688, " Perimeter finding. Effects '; --in art. 702 702, "Conditions of admissibility"; --in art. 704 704, "The Terms"; --in art. 705, "Conditions of form"; --in art. 707 707, "Attack horses"; --in art. 710 710, "Conditions"; --in art. 711 711, "Effects"; --in art. 714 714, "Special cases"; --in art. 719 719, "Sanction"; --in art. 737, "Administrative-seizure remuneration"; --in art. 738 738, "Liability of the sequester"; --in art. 742 742, "Ways of valorisation"; --in art. 750, "Notice to the parties and other interested persons"; --in art. 765 765, "Hidden vices"; --in art. 780 780, "Attack horses"; --in art. 787 787, "Obligations of the seizure-manager"; --in art. 865, " Conciliation attempt. Effects '; --in art. 868 868, "Conditions"; --in art. 885 885, "Execution term"; --in art. 888 888, "Storage of movable property"; --in art. 890 890, "Sale of goods left in storage"; --in art. 898 898, "Scope"; --in art. 899 899, "Special enforcement rules"; --in art. 907 907, "Requests for accessories and incidentals"; --in art. 908 908, "Any measures"; --in art. 916, " You're attacking. Advertising of judgment '; --in art. 917 917, "Scope"; --in art. 921 921, "Conditions"; --in art. 926 926, "Pre-measures"; --in art. 932 932, "Pre-measures"; --in art. 935 935, "Special Situations"; --in art. 940 940, "Conditions of establishment"; --in art. 946 946, "Special provisions"; --in art. 948, " Establishment of the seizure. Conditions '; --in art. 955 955, "Urgent measures"; --in art. 959 959, "Notion"; --in art. 960 960, "Conditions of establishment"; --in art. 965 965, "Applicable rules"; --in art. 969 969, "Judicial Partage"; --in art. 982 982, "Conditions of admissibility"; --in art. 988 988, "Conditions of admissibility"; --in art. 991 991, "Scope"; --in art. 995, "Cancellation of the real offer, followed by the consemnation"; --in art. 999 999, "Scope"; --in art. 1.011 1.011, "Scope"; --in art. 1.017 1.017, "Expenses of judgment"; --in art. 1.018 1.018, "Attack horses"; --in art. 1.019 1.019, "Scope"; --in art. 1.034 1.034, "Applications of the owners ' associations"; --in art. 1.035 1.035, "Scope"; --in art. 1.037, " Trial procedure. Remedies "; --in art. 1.055 1.055, "For necessity"; --in art. 1.058 1.058, "Preliminary Questions"; --in art. 1.059 1.059, "Incidental Requests"; --in art. 1.060 1.060, "Provisional measures, conservatives and enforcement"; --in art. 1.063 1.063, "The Terms"; --in art. 1.067 1.067, "Inoperative Conventions"; --in art. 1.071 1.071, "Special Curator"; --in art. 1.072 1.072, "Rules applicable to stateless persons"; --in art. 1.074 1.074, "Qualification"; --in art. 1.077 1.077, "Advertising Formalities"; --in art. 1.078 1.078, "Official public acts"; --in art. 1.079 1.079, "Notion"; --in art. 1.084 1.084, "Competent court"; --in art. 1.085 1.085, "Documents attached to the application"; --in art. 1.088 1.088, "Competent court"; --in art. 1.094, "Decisions establishing fiscal obligations provided by foreign laws"; --in art. 1.095 1.095, "Judicial transactions"; --in art. 1.096 1.096, "Qualification and scope"; --in art. 1.100 1.100, "Arbitration procedure"; --in art. 1.102 1.102, "Provisional measures and conservatives"; --in art. 1.105 1.105, "Law applicable"; --in art. 1.107 1.107, "Arbitral expenses"; --in art. 1.108 1.108, "subsidiary rules"; --in art. 1.109 1.109, "Qualification"; --in art. 1.110, "Effectiveness"; --in art. 1.111 1.111, "Competent court"; --in art. 1.113 1.113, "Documents attached to the application"; --in art. 1.119, "Entry into force". + Title IV Amendment and completion of special laws + Article 16 Article 62 of Law no. 58/1934 on the cambia and the ticket to the order, published in the Official Gazette, Part I, no. 100 of May 1, 1934, with subsequent amendments and completions, shall be amended and shall read as follows: "" Art. 62 Within 5 days of the notice of the summons, the debtor may appeal to the execution. The appeal will be introduced to the enforcement court, which will judge it according to the Code of Civil Procedure, emergency and in particular, before any other cause. The judgment handed down on the appeal can only be appealed within 15 days of the ruling. The court will be able to suspend the execution only if the objector does not recognize the signature, registering in forgery, or does not recognize the proxy. In case of suspension of execution, the creditor will be able to obtain insurance measures. " + Article 17 Article 54 of Law no. 59/1934 on the cheque, published in the Official Gazette, Part I, no. 100 of May 1, 1934, with subsequent amendments and completions, shall be amended and shall read as follows: "" Art. 54 Within 5 days of receipt of the order, the debtor may appeal to the execution. The appeal will be introduced to the enforcement court, which will judge it according to the Code of Civil Procedure, emergency and in particular, before any other cause. The judgment handed down on the appeal can only be appealed within 15 days of the ruling. The court will be able to suspend the execution only if the objector does not recognize the signature, registering in forgery, or does not recognize the proxy. In case of suspension of execution, the creditor will be able to obtain insurance measures " + Article 18 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 and supplemented as follows: 1. The title is amended and shall read as follows: "" Company law " 2. Article 1 is amended and shall read as follows: "" Art. 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. " 3. In Article 2, the introductory part shall be amended and shall read as follows: "" Art. 2 If by law it is not provided otherwise, companies with legal personality shall be constituted in one of the following forms: " 4. Article 4 is amended and shall read as follows: "" Art. 4 The company with legal personality will have at least 2 associates, unless the law provides otherwise. " 5. In Article 10, paragraphs 2 and 3 shall be amended and shall read as follows: " (2) Unless the company is transformed into a company of another form, the share capital of the companies referred to in par. ((1) may not be reduced below the legal minimum unless its value is brought to a level at least equal to the legal minimum by adopting a capital increase decision at the same time as the capital reduction decision. In the event of a breach of these provisions, any person concerned may apply to the court to ask for the dissolution of The company will not be dissolved if, until the final stay of the court decision of dissolution, the share capital is brought to the value of the legal minimum provided by this law. (3) The number of shareholders in the stock company may not be less than 2. If the company has less than 2 shareholders for a period longer than 9 months, any interested person may request the court to dissolve the company. The company will not be dissolved if, until the final stay of the dissolution court, the minimum number of shareholders provided for by this law is reconstituted. " 6. In Article 48, paragraph 2 shall be amended and shall read as follows: "(2) If the company does not comply, any interested person may ask the court to compel the organs of the company to regularize them, under penalty of payment of damages according to the common law." 7. In Article 58, paragraph 1 shall be amended and shall read as follows: "" Art. 58 (1) On the date on which the court decision of finding or declaring a nullity has become final, the company shall cease without retroactive effect and shall enter into liquidation. The legal provisions on the liquidation of companies as a result of the dissolution shall apply accordingly. " 8. Article 60 is amended and shall read as follows: "" Art. 60 (1) The conclusion of the delegated judge regarding registration or any other records in the commercial register shall be enforceable and shall be subject only to the call. (2) The appeal period is 15 days and flows from the date of delivery of the conclusion for the parties and from the date of publication of the conclusion or the amending act of the articles of association in the Official Gazette of Romania, Part IV, for any other persons Interested. ((. The appeal shall be filed and shall be entered in the trade register where the registration was made. Within 3 days from the date of submission, the trade register office shall submit the appeal to the court of appeal in whose territorial area the company's headquarters are located, and in the case of branches established in another county, the court of appeal in whose territorial area the branch office is located. (4) The provisions of the Code of Civil Procedure regarding the procedure written prior to the trial of the appeal shall apply accordingly. (5) In the case of admission of the appeal, the decision of the appellate court will be mentioned in the commercial register, being applicable 48 48, 49 and 56-59. " 9. In Article 62, paragraph 3 shall be amended and shall read as follows: "(3) The ruling on the opposition is subject only to the appeal." 10. In Article 132, paragraphs 9 and 10 shall be amended and shall read as follows: " (9) The application will be tried in the council chamber. The court ruling is only subject to appeal. (10) The final decision of cancellation will be mentioned in the trade register and published in the Official Gazette of Romania, Part IV. From the date of publication it is opposable to all shareholders. " 11. In Article 133, paragraph 2 shall be amended and shall read as follows: "(2) The court, approving the suspension, may oblige the complainant to a bail." 12. Article 133 (3) shall be repealed. 13. In Article 153 ^ 24, paragraph (5) is amended and shall read as follows: " (5) In case of non-meeting of the extraordinary general meeting in accordance with par. ((1) or if the extraordinary general meeting was not able to deliberate either in the second convocation, any interested person may apply to the court to ask for the dissolution of the company. The dissolution may also be required if the obligation imposed on the company according to par. ((4) is not respected. In any of these cases the court may grant the company a term that cannot exceed 6 months for the regularization of the situation. The company will not be dissolved if the reconstitution of the net asset up to the level of a value at least equal to half of the share capital takes place until the final stay of the court decision to dissolve. " 14. Article 155 (5) shall be amended and shall read as follows: "(5) If the action is started against the directors, they shall be suspended by law from office until the decision remains final." 15. In Article 155 ^ 1, paragraph (4) is amended and shall read as follows: " (4) After the final stay of the decision of the court of admission of the action provided in par. (1), the general meeting of the shareholders, namely the supervisory board, will be able to decide to terminate the mandate of the administrators, directors and members of the supervisory board, respectively of the members of the directorate, and 16. In Article 204, paragraph 4 shall be amended and shall read as follows: " (4) After each modification of the articles of association, the administrators, respectively the directorate shall submit to the trade register the modifier act and the full text of the articles of association, updated with all amendments, which will be registered in the conclusion of the delegated judge, except in the situations stipulated in art. 223 223 para. ((3) and in art. 226 226 para. ((2), when the registration will be made on the basis of the final decision on exclusion or withdrawal. " 17. In Article 206, paragraph 2 shall be amended and shall read as follows: "(2) When the opposition has been admitted, the associations must decide, within one month from the date on which the decision has remained final, whether they understand to give up the extension or exclude the debtor's associate from the company." 18. In Article 208, paragraph 4 shall be amended and shall read as follows: " (4) The reduction of the share capital has no effect and no payments shall be made for the benefit of the shareholders until the creditors have obtained the realization of their claims or adequate guarantees or until the date on which the court rejected the creditors ' request that inadmissible or, appreciating that the company offered creditors adequate guarantees or that, taking into account the company's asset, the guarantees are not necessary, rejected the creditors ' request as unfounded and the court ruling remained definitive. " 19. In Article 223, after paragraph 3, a new paragraph (3 ^ 1) is inserted, with the following contents: "(3 ^ 1) The judgment by which the court rules on the request for exclusion is subject only to the appeal." 20. In Article 223, paragraph 4 is amended and shall read as follows: "(4) The final decision of exclusion shall be submitted, within 15 days, to the office of the trade register to be registered in the register, and the device of the decision shall be published, at the request of the company, in the Official Gazette of Romania, Part IV." 21. In Article 226 (1), letter c) is amended and shall read as follows: "c) in the absence of provisions in the articles of association or when the unanimous consent is not carried out the associate may withdraw for thorough reasons, based on a judgment of the tribunal, subject only to the appeal." 22. In Article 232, paragraph 2 shall be amended and shall read as follows: " (2) Registration and publication will be made according to art. 204, when the dissolution takes place on the basis of a decision of the general assembly, and within 15 days from the date on which the court decision remained final, when the dissolution was delivered by the judiciary. " 23. In Article 237 (1), after letter c), a new letter, letter c ^ 1) is inserted, with the following contents: " c ^ 1) the company was more than 3 years in temporary inactivity, announced to the tax authorities and registered in the commercial register; the 3-year term flows from the date of registration in the trade register of the mention on the state of inactivity temporary of the company; ' 24. In Article 237, paragraphs 5 to 7 shall be amended and shall read as follows: " (5) Any interested person may only appeal against the dissolution decision, within 30 days from the making of advertising according to the provisions of par. ((3) and (4). The caller will submit a copy of the call to the trade register office to which the company whose dissolution has been registered has been registered. (6) On the date on which the dissolution court decision remains final, the legal person shall enter into liquidation, according to the provisions of this law. (7) If within 3 months from the date on which the dissolution court decision has remained final, the appointment of the liquidator, the delegated judge, at the request of any interested person, shall appoint a liquidator from the List practitioners in reorganization and liquidation, its remuneration to be made from the wealth of the dissolved legal person or, in case of lack thereof, from the liquidation fund constituted under the provisions art. 4 4 para. ((6) of Law no. 85/2006 ,, as amended and supplemented. " 25. In Article 243, paragraphs 2 and 5 shall be amended and shall read as follows: " (2) The opposition shall be made within 30 days from the date of publication of the draft merger or division in the Official Gazette of Romania, Part IV. It shall be submitted to the trade register office, which, within 3 days from the date of submission, shall mention it in the register and submit it to the competent court. The ruling on the opposition is only subject to appeal. ........................................................................ (5) If the debtor company or, as the case may be, the successor company in the rights and obligations of the debtor company made in the course of the process an offer for the establishment of guarantees or privileges appreciated by the court as necessary and appropriate to satisfy the creditor's claim, the court will give a conclusion by which it will grant the parties a deadline for the constitution of those guarantees. The conclusion given by the court is subject to appeal with the fund. 26. In Article 260, paragraphs 8 and 10 shall be amended and shall read as follows: " (8) Within 15 days after the end of the liquidation, the liquidators will submit to the trade register the request for the removal of the company from the commercial register, under penalty of a judicial fine of 200 lei for each day of delay, which will be applied by the tribunal in the constituency to which the company is based, following the referral of any interested party. The conclusion of the judge ordering the amendment of the liquidator is enforceable and can be appealed only with appeal. ..................................................................... (10) If within 3 months from the expiry of the period referred to in par. (1), extended by the court as the case may be, the trade register office has not been notified with any request for deregistration or with any request for the appointment of the liquidator, the company is automatically deregistered from the commercial register. The deletion is ordered by the sentence of the tribunal in whose constituency the seat of the company is located, delivered at the request of the National Trade Register Office, with the citation of the company and the National Agency for Fiscal Administration and the Directorate general public finances or the city of Bucharest, as the case may be. " 27. In Article 262, paragraph 3 is amended and shall read as follows: "(3) The sentence may only be declared by the associates or administrators within 15 days of delivery." 28. In Article 263, paragraph 4 is amended and shall read as follows: " (4) After the expiry of the period provided for in ((2) or after the decision on the opposition has remained final, the financial situation of liquidation and distribution shall be deemed to be approved and the liquidators shall be released. " 29. In Article 264, paragraph 3 is amended and shall read as follows: " (3) If the majority has not been obtained, the appointment shall be made by the tribunal, at the request of any of the administrators, respectively of the members of the directorate, or of the associates, with the citation of the company and those who asked for it. The judgment is subject only to appeal. 30. In Article 270 ^ 2d), paragraph (2) is amended and shall read as follows: " (2) The opposition provided in par. ((1) suspends the execution of the operation until the date on which the court decision remains final, unless the debtor company makes proof of the payment of debts or provides guarantees accepted by creditors or concludes with them an agreement for payment of debts. " 31. Throughout the law, the phrase "commercial company" or, as the case may be, "companies" is replaced by the term "company" or, as the case may be, "companies". + Article 19 Law of Land Fund no. 18/1991 , republished in the Official Gazette of Romania, Part I, no. 1 of 5 January 1998, as amended and supplemented, shall be amended as follows: 1. In Article 9, paragraph 9 shall read as follows: " (9) Failure to comply with the obligations provided in par (6) by the mayor or secretary draws both his administrative and disciplinary responsibility, according to the law, as well as the payment of penalties under the conditions provided in art. 894 of the Code of Civil Procedure or, as the case may be, and damages according to the Civil Code. " 2. In Article 64, paragraph 2 shall read as follows: " (2) If the court admits the complaint, the mayor will be obliged to execute immediately the delivery of the title of property or, as the case may be, the effective implementation, under penalty of payment of penalties under the conditions provided in art. 894 894 of the Code of Civil Procedure. " + Article 20 Law no. 64/1991 on patents, republished in the Official Gazette of Romania, Part I, no. 541 of 8 August 2007, shall be amended as follows: 1. In Article 49, paragraph 2 shall read as follows: " (2) The decisions of the Bucharest Tribunal regarding the authorization of the use of a mandatory license, as well as those regarding the remuneration provided for in the report with its use, are subject only to the appeal to the 2. In Article 57, paragraphs 1 and 2 shall read as follows: "" Art. 57 (1) The decision of the Commission for review, motivated, shall be communicated to the parties within 30 days of the ruling and may be appealed to the Bucharest Court within 30 days of the communication. (2) The decisions of the Bucharest Tribunal can be appealed only with appeal to the Bucharest Court of Appeal. " 3. Article 64 shall read as follows: "" Art. 64 (1) If the holder of an invention patent or the titular persons of an industrial property right protected by a patent granted by the Romanian state and their successors in law, held from March 6, 1945 to December 22, 1989, who have been violated the property rights conferred by the patent by exploiting the invention improperly, without the consent of the holder or by any acts of violation of his or her rights, or any other person exercising the right of industrial property with the consent of the holder makes credible proof that his right of industrial property protected by an invention patent is the object of an illicit, current or imminent action and that this action risks causing it a damage that is difficult to repair, may ask the court to take measures provisional. (. The court may order in particular: a) prohibition of infringement or provisional termination; b) taking the necessary measures to ensure the preservation of evidence. The provisions applicable Government Emergency Ordinance no. 100/2005 on the enforcement of industrial property rights, approved with amendments by Law no. 280/2005 , with subsequent additions. (3) The applicable procedural provisions are contained in the provisions of the Code of Civil Procedure concerning provisional measures in the field of intellectual property rights. (. Provisional measures may also be ordered against an intermediary whose services are used by a third party to infringe a right protected by this law. " + Article 21 Law no. 129/1992 on the protection of drawings and models, republished in the Official Gazette of Romania, Part I, no. 876 of 20 December 2007, shall be amended as follows: 1. In Article 25, paragraphs 1 and 2 shall read as follows: "" Art. 25 (1) The decision of the Board of Appeal shall be communicated to the parties within 30 days of the ruling and may be appealed to the Bucharest Court, within 30 days of the communication. The judgment is only subject to appeal (2) The decisions of the Commission of Appeals remaining final shall be published in the Official Industrial Property Bulletin of O.S.I.M., within 60 days of the delivery of the judgment. " 2. Article 53 shall read as follows: "" Art. 53 (1) If the holder of a registered design or model or any other person exercising the right of industrial property with the consent of the holder makes credible proof that the industrial property right over the design makes the object of an unlawful, current or impending action and that this action risks causing it a damage that is difficult to repair, may ask the court to take provisional measures. (. The court may order in particular: a) prohibition of infringement or provisional termination; b) taking the necessary measures to ensure the preservation of evidence. The provisions applicable Government Emergency Ordinance no. 100/2005 on the enforcement of industrial property rights, approved with amendments by Law no. 280/2005 , with subsequent additions. (3) The applicable procedural provisions are contained in the provisions of the Code of Civil Procedure concerning provisional measures in the field of intellectual property rights. (. Provisional measures may also be ordered against an intermediary whose services are used by a third party to infringe a right protected by this law. " + Article 22 Article 16 of the Law no. 16/1995 on the protection of topographies of semiconductor products, republished in the Official Gazette of Romania, Part I, no. 824 of 6 October 2006, paragraphs 3 and 4 shall be amended and shall read as follows: " (3) The reasoned decision of the Review Commission shall be communicated to the parties within 15 days of delivery and may be appealed to the Bucharest Court within 30 days of the communication. (4) The judgment of the Bucharest Court can be appealed only with appeal to the Bucharest Court of Appeal. " + Article 23 After Article 75 of Law of public notaries and notarial activity no. 36/1995 , republished in the Official Gazette of Romania, Part I, no. 732 of 18 October 2011, as amended, a new article is inserted, Article 75 ^ 1, with the following contents: "" Art. 75 75 ^ 1 ((1) The successful or other person concerned may refer the matter directly to the court for the purpose of debating a succession. (2) Provisions art. 188 188 para. ((3) of the Code of Civil Procedure are applicable. " + Article 24 Article 88 of the Law no. 51/1995 for 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, paragraph 4 is amended and shall read as follows: " (4) Against the decisions rendered according to par. (2) and (3) the interested party may appeal to the Administrative and Fiscal Litigation Section of the Bucharest Court of Appeal. " + Article 25 Government Ordinance no. 32/1995 on the judicial stamp, published in the Official Gazette of Romania, Part I, no. 201 201 of 30 August 1995, approved with amendments by Law no. 106/1995 , as amended and supplemented, shall be amended as follows: 1. In Article 1, paragraph 1 shall read as follows: "" Art. 1 The judicial stamp is established, which, under the terms of this ordinance, applies to the actions, requests, acts and services of jurisdiction of all courts, the Ministry of Justice, the General Prosecutor's Office of the High Court of Cassation and Justice, as well as acts that are fulfilled by public notaries and bailiffs. " 2. In Article 4, paragraph 1 shall read as follows: "" Art. 4 Applications to the courts for issuing copies and certificates, to those addressed to bailiffs for communicating notifications, as well as to any other applications not subject to court activity, but are subject to stamp duty, according to the law, judicial stamps of 0.15 lei are applied. " + Article 26 Article 50 of the Law of cadastre and real estate advertising no. 7/1996 , republished in the Official Gazette of Romania, Part I, no. 201 of March 3, 2006, with subsequent amendments and completions, paragraphs (3), (4) and (6) shall be amended and shall read as follows: " (3) The judgment delivered by the court may be appealed only. (4) The final court decision shall be communicated, ex officio, to the territorial office by the court that last ruled on the fund. ....................................................................... ((6) In case of rejection of the complaint by final court decision, the notaries made shall be radiated ex officio. " + Article 27 Article 139 of Law no. 8/1996 on copyright and related rights, published in the Official Gazette of Romania, Part I, no. 60 of March 26, 1996, with subsequent amendments and completions, shall be amended and shall read as follows: "" Art. 139 (1) Titulation of rights recognized and protected by this law may require the courts or other competent bodies, as the case may be, the recognition of their rights and the finding of their violation and may claim compensation to repair the damage caused. The same requests may be made on behalf of and for rightholders by management bodies, by associations to combat piracy or by persons authorized to use rights protected by this law, according to the the mandate granted in this regard. When an action was started by the holder, persons authorized to use rights protected by this law may intervene in the process, requesting the repair of the damage caused to them. (2) In determining the compensation the court shall consider: a) either criteria such as negative economic consequences, in particular unrealised gain, benefits unjustly achieved by the perpetrator and, where applicable, other elements outside economic factors such as moral damage caused to the holder right; b) either the granting of compensation representing the triple of the amounts that would have been legally due for the type of use that was the subject of the wrongful act, if the criteria laid down in lett cannot be applied. a). (3) If the holder of the copyright or one of the persons referred to in par. (1) makes credible evidence that the copyright is the subject of an unlawful, current or imminent action and that this action risks causing it a damage that is difficult to repair, may ask the court to take provisional measures. The court may order in particular: a) prohibition of infringement or provisional termination; b) taking the necessary measures to ensure the preservation of evidence; c) taking the necessary measures to ensure the repair of the damage; for this purpose, the court may order the taking of precautionary measures on the movable and immovable property of the person alleged to have violated the rights recognized by this law, including blocking his bank accounts and other assets. To this end, the competent authorities may order the communication of bank, financial or commercial documents or appropriate access to the relevant information; d) the lifting or handing over to the competent authorities of the goods on which there are suspicions regarding the violation of a right provided by this law, in order to prevent their introduction into the commercial circuit (4) The applicable procedural provisions are contained in the provisions of the Code of Civil Procedure relating to provisional measures in the field of intellectual property rights. ((5) The same measures may be required, under the same conditions, against an intermediary whose services are used by a third party to infringe a right protected by this law. (6) The measures provided in par. ((3) and (5) may include detailed description, with or without sampling, or actual sequestration of the goods in dispute and, in appropriate cases, of the materials and instruments used to produce and/or distribute these goods. goods, as well as the documents referring to them. These measures will also be considered in the application of the provisions of art. 96-99 of the Code of Criminal Procedure. (7) The court may authorise the erection of objects and documents which constitute evidence of infringement of copyright or related rights, in original or in copy, even when they are in possession of the opposing party. In the case of infringements committed on a commercial scale, the competent authorities may also order the communication of bank, financial or commercial documents or appropriate access to the relevant information. (8) For the adoption of the measures provided in ((3) and (7), subject to the protection of the protection of confidential information, the courts will require the complainant to provide any evidence, reasonably accessible, to prove with sufficient certainty that it has been affected its right or that such a touch is imminent. The number of copies of a work or of any other protected object shall be deemed to be sufficient proof of the court's assessment. In this case, the courts may ask the plaintiff to make a sufficient bail to ensure the compensation of any damage that may be suffered by the defendant. (9) The measures to ensure evidence or to find a state of affairs ordered by the court will be carried out by bailiff. Rightholders who are alleged to have been violated or as to which there is a danger of being violated or the representatives of these holders have the right to participate in the execution of measures to ensure evidence or finding a state of affairs. (10) Titulation of infringed rights may require the court to order the application of any of the following measures: a) the remission, in order to cover the damage suffered, of the proceeds made by the illicit act; b) the destruction of equipment and means owned by the perpetrator, whose sole or main destination was the production of the illicit act; c) removal from the commercial circuit, by confiscation and destruction, of children carried out illegally; d) the spread of information on the judgment of the court, including the display of the judgment, as well as its full or partial publication in the means of mass communication, at the expense of the one who committed the act; under the same conditions The courts may order additional publicity measures adapted to the particular circumstances of the case, including large-scale advertising. (11) The court orders the application of the measures provided in par. ((10) at the expense of the perpetrator, unless there are thorough reasons for him not to bear the expenses. (12) The measures provided in par. ((10) lit. b) and c) can also be ordered by the prosecutor on the occasion of solving the case in the prosecution phase. Provisions of paragraph ((10) lit. c) does not apply to constructions made in violation of the rights of architectural work, protected by this law, if the destruction of the building is not imposed by the circumstances of that case. (13) In the disposition of the measures provided in par. (10), the court will respect the principle of proportionality with the gravity of the violation of the rights protected by this law and will take into account the interests of third parties likely to be affected by these measures. (14) The judicial authorities are obliged to communicate to the parties the solutions adopted in cases of violation of the rights regulated by this law. (15) The Romanian Government, through the Romanian Copyright Office, supports the development, by associations and professional organizations, of codes of conduct at Community level, intended to help ensure the respect of rights provided by this law, in particular with regard to the use of codes allowing the identification of the manufacturer, affixed to optical discs. The Romanian Government also supports the transmission to the European Commission of draft codes of conduct at national or community level and of the assessments related to their application. " + Article 28 Law no. 146/1997 on stamp court fees, published in the Official Gazette of Romania, Part I, no. 173 of 29 July 1997, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 2, paragraph (1 ^ 1) is amended and shall read as follows: "" (1 ^ 1) Provisions para. (1) shall also apply accordingly to applications for a declaration of invalidity, cancellation, termination or termination of a patrimonial legal act, as well as to requests for the finding of the existence or non-existence of a patrimonial right; the reinstatement of the parties in the previous situation is exempt from the stamp duty if it is the accessory of the application for the declaration of invalidity, cancellation, resolution or termination of the patrimonial legal act. " 2. In Article 2, after paragraph (1 ^ 1) two new paragraphs are inserted, paragraphs (1 ^ 2) and (1 ^ 3), with the following contents: "" (1 ^ 2) Applications of reduced value, resolved according to the special procedure provided by Title X of the 6th book of the Code of Civil Procedure, shall be timed by 50 lei, if the value of the application does not exceed 2,000 lei, and by 150 lei, for applications whose value exceeds 2,000 lei. ((1 ^ 3) Applications for the payment ordinance shall be timed by 150 lei. " 3. In Article 3, letter a ^ 1) is amended and shall read as follows: "a ^ 1) requests for annulment or for the declaration of invalidity of a non-patrimonial legal act-50 lei;" 4. in Article 3, points o ^ 1 and s) shall be repealed. 5. In Article 3, letters t ^ 1) and x) are amended and shall read as follows: " t ^ 1) requests for the issuance of any other certificates certifying facts or situations resulting from the records of the courts or on the files in their archive-1 leu/pagina; ........................................................................... x) requests to the Ministry of Justice for authorization of translators and interpreters-300 lei; " 6. In Article 3, after letter x) two new letters, letters y) and z) are inserted, with the following contents: " y) requests addressed to the Ministry of Justice: in order to attestation to the official title of Romanian qualification of legal adviser and experience acquired in Romania, in order to admit and practice it in the other Member States of the European Union or of the European Economic Area; for the attestation of the qualification of a translator and an authorised interpreter, for the purpose of exercising it in the Member States of the European Union or of the European Economic Area or in the Swiss Confederation; for attestation of the qualification of the judicial technical expert for the purposes of the Member States of the European Union or of the European Economic Area or in the Swiss Confederation-100 lei; z) requests addressed to the Ministry of Justice in order to recognize the professional qualification of translator and authorized interpreter or judicial technical expert, under the conditions Law no. 200/2004 on the recognition of diplomas and professional qualifications for regulated professions in Romania, with subsequent amendments and completions-100 lei. " 7. In Article 8 ^ 2, letter b) is amended and shall read as follows: "b) complaints against the refusal of the bailiff to carry out his duties provided by law-8 lei;" 8. In Article 11 (2), the third indent shall be repealed. 9. Article 19 is amended and shall read as follows: "" Art. 19 (1) The stamp court fees shall be paid in cash, by transfer or online system, on account of the local budget of the administrative-territorial unit in which he has his domicile or residence or, as the case may be, the tax office debtor. The costs of the transfer operations of the amounts due as a stamp duty are charged to the debtor of the charge. (2) If the person who owes the judicial stamp duty has neither his domicile nor residence or, as the case may be, the seat in Romania, the judicial stamp duty shall be paid on behalf of the local budget of the administrative-territorial unit in which the seat is located the court to which the action or application is brought. ' 10. In Article 23 (1), after letter f) a new letter, letter g) is inserted, with the following contents: "" g) when the evidence has been administered by counsel or legal counsel. " 11. In Article 23, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: " (2 ^ 1) In the case provided in par. ((1) lit. d), half of the fee paid, and in the case provided in par. ((1) lit. e), the fee is returned in proportion to the admission of the appeal In the case provided in par. ((1) lit. g), half of the fee paid shall be returned, regardless of the manner in which the process was settled, after the final stay of the court decision. " 12. Article 26 (4) shall be amended and shall read as follows: " (4) As of January 1, 2013, a share of 30% of the amounts coming from the stamp court fees shall be revenue to the state budget, shall be distinctly included in the revenue and expenditure budget of the Ministry of Justice and shall be used exclusively for the financing of the courts and the judicial public aid system. A share of 70% of the amounts coming from stamp court fees is income to local budgets. " + Article 29 Law no. 84/1998 on trademarks and geographical indications, republished in the Official Gazette of Romania, Part I, no. 350 of 27 May 2010, is amended as follows: 1. Article 88 shall read as follows: "" Art. 88 (1) The judgment of the Board of Appeal, motivated, shall be communicated to the parties within 30 days of the ruling and may be appealed to the Bucharest Court, within 30 days of the communication. The decision of the Bucharest Tribunal is subject only to the appeal to the Bucharest (2) Decisions rendered in the cases referred to in art. 36, 46, 47, 53, 54, 60 and 85 can be appealed. " 2. Article 91 shall read as follows: "" Art. 91 (1) If the holder of the industrial property right over a trade mark or a geographical indication or any other person exercising the right of industrial property with the consent of the holder makes credible proof that the right of ownership industrial trade mark or geographical indication is the subject of an unlawful, current or imminent action and that this action risks causing damage to it that is difficult to repair, may require the court to take provisional measures. (. The court may order in particular: a) prohibition of infringement or provisional termination; b) taking the necessary measures to ensure the preservation of evidence. The provisions applicable Government Emergency Ordinance no. 100/2005 on the enforcement of industrial property rights, approved with amendments by Law no. 280/2005 , with subsequent additions. (3) The applicable procedural provisions are contained in the provisions of the Code of Civil Procedure concerning provisional measures in the field of intellectual property rights. (. Provisional measures may also be ordered against an intermediary whose services are used by a third party to infringe a right protected by this law. " + Article 30 Law no. 255/1998 on the protection of new plant varieties, republished in the Official Gazette of Romania, Part I, no. 926 of 28 December 2011, is amended as follows: 1. In Article 40, paragraph 11 shall read as follows: " (11) The decisions on granting the use of a compulsory license, as well as those regarding the remuneration provided for in relation to its use, can be appealed to the Bucharest Court, within 30 days of communication. The decision of the tribunal is subject only to the appeal to the Bucharest Court 2. In Article 41, paragraphs 3 and 4 shall read as follows: " (3) The decisions of the commission shall be communicated to the parties within 15 days of delivery and may be appealed to the Bucharest Court, within 30 days of communication. (4) The judgment of the Bucharest Court can be appealed only with appeal to the Bucharest Court of Appeal. " + Article 31 Government Emergency Ordinance no. 51/1998 on the exploitation of some assets of the state, republished in the Official Gazette of Romania, Part I, no. 948 of 24 December 2002, as amended and supplemented, shall be amended as follows: 1. Articles 45 to 48 shall be repealed. 2. Article 50 shall read as follows: "" Art. 50 Enforcement proceedings for the valorisation of the assets to which this Emergency Ordinance relates shall be subject to the provisions of Government Ordinance no. 92/2003 on the Fiscal Procedure Code, republished, with subsequent amendments and completions, carrying out the enforcement acts returning to the tax enforcement bodies. " 3. Articles 51 to 75 shall be repealed. 4. Article 83 shall read as follows: "" Art. 83 Debtors may attack in justice the measures ordered by A.V.A.S. according to this emergency ordinance, on the way of appeal to execution, by the jurisdiction of the enforcement court. " + Article 32 Government Ordinance no. 94/1999 on the participation of Romania in the proceedings before the European Court of Human Rights and the Committee of the Ministers of the Council of Europe and the exercise of the right of regress of the state following decisions and conventions amicable, published in the Official Gazette of Romania, Part I, no. 424 of 31 August 1999, approved with amendments by Law no. 87/2001 , as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 7, paragraph 3 shall be amended and shall read as follows: " (3) The conclusion provided in par. ((2) may be appealed only, within 5 days of delivery. The call shall not be suspended. ' 2. In Article 7, after paragraph 3, two new paragraphs are inserted, paragraphs 3 ^ 1 and 3 ^ 2, with the following contents: " (3 ^ 1) The Intimate will submit a meeting within 5 days from the communication of the call. The caller will submit a response to the meeting no later than 3 days after the communication of the meeting. ((3 ^ 2) The appeal shall be adjudicated within 20 days from the registration of the file to the appellate court. " + Article 33 Article 7 of the Government Ordinance no. 105/1999 on the granting of rights to persons persecuted by the regimes established in Romania with effect from 6 September 1940 until 6 March 1945 for ethnic reasons, published in the Official Gazette of Romania, Part I, no. 426 of 31 August 1999, approved with amendments and additions by Law no. 189/2000 , as amended and supplemented, paragraph 4 is amended and shall read as follows: " (4) Against the judgment, the person concerned may appeal to the administrative and fiscal section of the tribunal, within 30 days from the date of communication of the judgment, according to Law of Administrative Litigation no. 554/2004 , with subsequent amendments and completions. The tribunal ruling is final. Appeals are exempt from stamp duty. " + Article 34 Article 85 of the Law no. 188/1999 on the Statute of civil servants, republished in the Official Gazette of Romania, Part I, no. 365 of 29 May 2007, as amended and supplemented, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: "(2 ^ 1) The order or provision of imputation remaining final as a result of the non-introduction or rejection of the action to the administrative court constitutes an enforceable title." + Article 35 Government Ordinance no. 26/2000 on associations and foundations, published in the Official Gazette of Romania, Part I, no. 39 of 31 January 2000, approved with amendments and additions by Law no. 246/2005 , as amended and supplemented, shall be amended as follows: 1. In Article 11, paragraphs 1, 3 and 4 shall read as follows: "" Art. 11 (1) Admission or rejection terminations of the application for registration are subject only to the call .......................................................................... (3) The appeal period is 5 days and flows from the date of delivery, for those who were present, and from the date of communication, for those who were absent. ((4) The appeal shall be settled with the citation of the parties, in the council chamber, emergency and in particular. Art. 10 10 para. ((3) The delivery and drafting of the judgment shall apply accordingly. '; 2. In Article 12, paragraph 1 shall read as follows: "" Art. 12 (1) Registration in the Register of associations and foundations, in accordance with art. 8, shall be made on the day of the final stay of the conclusion of admission, issuing, upon request, to the representative of the association or its trustee a registration certificate that will include: the name of the association, its seat, the duration of operation, number and date of registration in the Register of Associations and Foundations. " 3. In Article 23, paragraph 3 shall read as follows: " (3) The cancellation request shall be settled in the council chamber by the judge in the constituency of which the association is based. The court's decision is subject only to appeal 4. The title of Chapter IV shall read as follows: "" CHAPTER IV Amendment of the Articles of Association and of the association or foundation. Merger and division " 5. Article 34 ^ 3 shall be repealed. 6. In Article 70, paragraph 2 shall read as follows: " (2) All appeals shall be settled by a single judgment. The sentence handed down by the court is enforceable and is subject only to appeal. 7. In Article 77, paragraph 2 shall read as follows: " (2) In case of dissolution and liquidation of the associations and foundations provided in par. ((1), liquidators have the obligation to dispose of land, within no more than one year, only to persons who have the legal capacity to acquire such goods. The term of one year shall be calculated from the date of final stay of the court decision finding or ordering the dissolution or, as the case may be, from the date of the decision of voluntary dissolution. " 8. Article 80 shall read as follows: "" Art. 80 The provisions of this ordinance shall be supplemented by the provisions of the 9. Throughout the ordinance, the phrase "territorial constituency" is replaced by the term "constituency". + Article 36 Article 19 of the Law no. 3/2000 on the organization and conduct of the referendum, published in the Official Gazette of Romania, Part I, no 84 of 24 February 2000, as amended and supplemented, paragraph 2 shall be amended and shall read as follows: " (2) Appeals directed against the provisions taken by the public authorities provided in par. (1) shall be settled within 48 hours of the court in whose territorial area the participant shall reside in the referendum or, in the case of those registered in the supplementary lists, by the judge in whose territorial area the electoral office is located of the polling station that drew up the list. The court decision shall be final; it shall be communicated to the persons concerned no later than 24 hours after the ruling. " + Article 37 Law no. 188/2000 on bailiffs, republished in the Official Gazette of Romania, Part I, no. 738 of 20 October 2011, is amended as follows: 1. In Article 1, paragraph 1 shall read as follows: "" Art. 1 (1) The enforcement of any enforceable title, with the exception of those having as its object revenue due to the consolidated general budget, the budget of the European Union and the budget of the European Atomic Energy Community, shall be carried out only by the executor court, even if by special laws it is ordered otherwise. " 2. Article 3 shall be repealed. 3. Article 9 shall read as follows: "" Art. 9 (1) In the case provided for in art. 7 lit. a) is competent the bailiff of the constituency of the court of appeal in whose territorial area the execution is to be carried out, under the conditions provided by the Code of Civil Procedure. (2) In the case provided for in art. 7 lit. f) is competent the bailiff of the constituency of the appellate court in whose territorial area the finding will be made. (3) In the other cases provided for in art. 7 is competent any bailiff invested by the interested party, under the law. " 4. In Article 10, paragraphs 1, 3 and 4 shall read as follows: "" Art. 10 (1) Executors of the courts may be recused in the cases and under the conditions provided by the Code of Civil Procedure ......................................................................... (3) The interested party may ask the executing court to recuse the bailiff as soon as it has learned about one of the situations provided in par. ((1), but only until the end of the forced execution. The conclusion of the court by which the abstention was approved or rejected, as well as the one by which to approve the recusal are not subject to any remedy. (4) The conclusion by which the recusal has been rejected can only be appealed within 5 days of the communication. " 5. Article 11 shall read as follows: "" Art. 11 ((1) The conflicts of jurisdiction between the offices of the bailiffs located in the same constituency of a court of appeal shall be settled by that court of appeal, upon referral to the interested party. (2) When the conflict intervenes between offices of bailiffs located in different constituencies, the jurisdiction belongs to the appellate court in whose constituency the office of the first judicial executor is located. ((3) The conflicts of competence shall be resolved urgently and in particular. ((. The court shall, in all cases, be reasoned by final conclusion. " 6. Article 17 shall read as follows: "" Art. 17 (1) Within 90 days of the communication of the order of the Minister of Justice by which he has been appointed, the bailiff is obliged to register his appointment to the court of appeal in whose constituency he has his office individually or constituted in association. For this record, the bailiff will present the stamp and personal signature specimen. (2) The Minister of Justice may, in duly justified cases, extend this term for periods not exceeding 90 days each. (3) Failure to fulfill the obligation provided in par. (1) regarding the registration at the court of appeal shall entail the suspension of the bailiff from the exercise of the (4) The registration of a request for the issuance of the order of the Minister of Justice for the approval of the association of the bailiff, followed by the issuance of the order of the Minister of Justice of approval of the association (5) Registration of a request for suspension before the expiry of the term provided in par. (1) or (2), followed by the issuance of the order of the Minister of Justice to suspend the bailiff from the exercise of office, interrupt the flow of the 7. Article 39 (4) and (5) shall be repealed. 8. In Article 48, paragraph 5 shall read as follows: " (5) Against the judgment of the Council of Discipline of the Chamber of bailiffs the parties may appeal, within 15 days of the communication, to the Higher Commission of Discipline of the National Union of Bailiffs, which judges in full of 5 members. The judgment of the Superior Commission of Discipline shall be final and may be appealed to the Court of Appeal. ' 9. In Article 53, paragraph 1 shall read as follows: "" Art. 53 (1) In the performance of his duties and duties, the bailiff shall draw up terminations, minutes and other procedural documents, with the forms and within the time limits provided by law. " 10. Article 53 (2) shall be repealed. 11. In Article 56, paragraphs 1 to 5 shall read as follows: "" Art. 56 (1) The refusal of the bailiff to perform the duties provided in art. 7 lit. b)-i) shall be motivated, if the parties persist in their application, no later than 5 days after the date of refusal. (2) In case of unjustified refusal to carry out the duties provided in par. ((1), the interested party may introduce a complaint, within 5 days from the date on which he became aware of this refusal, at the court in whose territorial area the office of the bailiff is based. (3) The judgment of the complaint is made with citation of the parties. (4) The judgment is only subject to appeal. (5) The Executor of the Court shall be obliged to comply with the final judgment. " + Article 38 Law no. 193/2000 on unfair terms from contracts concluded between traders and consumers, republished in the Official Gazette of Romania, Part I, no. 305 of 18 April 2008, as amended, shall be amended as follows: 1. Article 12 shall read as follows: "" Art. 12 (1) If it finds the use of adhesion contracts containing abusive clauses, the control bodies provided for in art. 8 will refer the matter to the court of residence or, as the case may be, the seat of the professional, requesting its obligation to modify the pending contracts, by eliminating the abusive clauses. (2) The minutes drawn up according to art. 11. (3) Consumer protection associations which meet the conditions laid down in art. 30 and 32 of Government Ordinance no. 21/1992 on consumer protection, republished, with subsequent amendments and completions, may be sued by the professional who uses adhesion contracts containing abusive clauses, at the court provided in par. (1), in order for it to order the cessation of their use, as well as the modification of the contracts under execution, by eliminating unfair clauses. Art. 13 13 para. ((1) and (4) are applicable. (4) Provisions of para. ((1)-(3) shall not affect the right of the consumer to whom an adhesion contract containing abusive clauses to invoke the nullity of the clause by way of action or by way of exception, under the law. " 2. Article 13 shall read as follows: "" Art. 13 (1) The court, if it finds the existence of unfair terms in the contract, obliges the professional to modify all the adhesion contracts in the course of execution, as well as to eliminate unfair terms from the preformulated contracts, intended to be used in professional activity. (2) In the case provided in par. (1), the court will also apply the contravention fine provided for in art. 16. (3) If the court finds that there are no abusive clauses in the contract, it will cancel the minutes drawn up. (4) The judgment is only subject to appeal. " 3. Throughout the law, the term "trader" is replaced by the term "professional". + Article 39 Repealed. ------------- Article 39 was repealed by art. IX of LAW no. 2 2 of 1 February 2013 , published in MONITORUL OFFICIAL no. 89 89 of 12 February 2013. + Article 40 After Article 77 of the Local Public Administration Law no. 215/2001 , republished in the Official Gazette of Romania, Part I, no. 123 of 20 February 2007, with subsequent amendments and completions, a new article is inserted, Article 77 ^ 1, with the following contents: "" Art. 77 77 ^ 1 (1) The mayor shall designate the officials in particular to carry out the obligations regarding the communication of the subpoenas and other procedural documents, under the conditions of the Civil Procedure Code. (2) Provisions of para. (1) are duly applicable in the case of mayors of the sectors of Bucharest. " + Article 41 Government Ordinance no. 2/2001 on the legal regime of contraventions, published in the Official Gazette of Romania, Part I, no. 410 of July 25, 2001, approved with amendments and completions by Law no. 180/2002 , as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 9, paragraph 6 shall be amended and shall read as follows: "(6) The judgment by which the sanction of the performance of a community service has been applied is subject only to the appeal." 2. In Article 13, paragraph 2 shall be amended and shall read as follows: " (2) In the case of continuous contraventions, the term provided in par. (1) flows from the date of termination of the act. The contravention is continuous in the event that the violation of the legal obligation lasts in time. " 3. Article 14 is amended and shall read as follows: "" Art. 14 (1) The execution of contravention sanctions is prescribed if the minutes of finding the contravention were not communicated to the offender within one month from the date of application of the sanction. (2) The prescription of the execution of contravention sanctions can be found even by the court vested with the resolution of the contravention complaint. " 4. In Article 32, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 32 (1) The complaint shall be filed at the court in whose constituency the contravention was committed. (2) The control of the application and execution of the main and complementary contravention sanctions is the exclusive competence of the court provided in ((1). ' 5. Article 34 is amended and shall read as follows: "" Art. 34 (1) The competent court to settle the complaint, after verifying whether it was introduced within the period, listens to the one who made it and the other persons cited, if they have presented themselves, administer any other evidence provided by law, necessary in order to verify the legality and merits of the minutes, and decide on the sanction, compensation established, as well as on the measure of confiscation. Art. 236 ^ 1 and art. 405 of the Code of Civil Procedure are not applicable. (2) If by law it is not provided otherwise, the decision by which the complaint was settled can be appealed only with appeal. The appeal shall be settled by the administrative and fiscal section of the tribunal. Motivating the call is not mandatory. The grounds for appeal can be upheld and oral before the court. The appeal suspends the execution of 6. In Article 36, a new paragraph (2) is inserted, with the following contents: "" (2) If the complaint has been rejected, the petitioner shall be liable to legal expenses to the State. " 7. Article 47 is amended and shall read as follows: "" Art. 47 The provisions of this ordinance shall be supplemented by the provisions of the Criminal Code and the Code of Civil Procedure, as applicable + Article 42 Article 22 of the Law no. 544/2001 on free access to information of public interest, published in the Official Gazette of Romania, Part I, no. 663 of 23 October 2001, as amended and supplemented, paragraph 5 shall be amended and shall read as follows: "(5) Both the complaint and the appeal are adjudicated in the court, in the emergency procedure, and are exempt from stamp duty." + Article 43 In Article 7 of the Statute of the National Securities Commission, approved by Government Emergency Ordinance no. 25/2002 , published in the Official Gazette of Romania, Part I, no. 226 of 4 April 2002, approved with amendments and additions by Law no. 514/2002 , as amended and supplemented, paragraph 7 is amended and shall read as follows: " (7) C.N.V.M. is the only authority able to rule on the considerations of opportunity, assessments and qualitative analyses underlying the issuance of its acts, provided in par. ((1) and (2). In case of dispute, the individual acts issued by C.N.V.M. regarding the interpretations provided in par. (6) can be appealed to the Administrative and Fiscal Litigation Section of the Bucharest Court of Appeal. The judgment is final. Until the judgment, the execution of the C.N.V.M. acts shall not be suspended. " + Article 44 Article 6 of the Law no. 309/2002 on the recognition and granting of rights to persons who carried out the military internship in the General Directorate of the Labour Service between 1950-1961, published in the Official Gazette of Romania, Part I, no. 385 of 6 June 2002, as amended and supplemented, paragraph 5 shall be amended and shall read as follows: " (5) Against the judgment the person concerned may appeal to the court within 30 days of the communication of the judgment, according to Law of Administrative Litigation no. 554/2004 , with subsequent amendments and completions. The judgment of the tribunal may be appealed to the court of appeal. The appeals against the decisions of the Commission shall be exempt from the stamp duty. ' + Article 45 Political parties law no. 14/2003 , published in the Official Gazette of Romania, Part I, no. 25 of 17 January 2003, with subsequent additions, shall be amended as follows: 1. In Article 21, paragraphs 2 to 4 shall read as follows: " (2) Against the decision of the Bucharest Tribunal may appeal to the Bucharest Court of Appeal, within 5 days from the communication, the persons referred to in art. 18 18 para. ((1) lit. a), the Public Ministry or the persons provided in art. 20 20 para. ((2). (3) The Bucharest Court of Appeal will examine the appeal in public session, no later than 15 days after its registration. (4) The decision of the Bucharest Court of Appeal is final. 2. Article 22 shall read as follows: "" Art. 22 The political party acquires legal personality from the date of final stay of the court's decision on the admission of the registration application. 3. In Article 26, paragraphs 3 to 5 shall read as follows: " (3) Against the judgment of the Bucharest Court, the interested party can appeal to the Bucharest Court of Appeal, within 5 days from the date of communication of the decision. (4) The Bucharest Court of Appeal shall rule by final decision within 15 days from the registration of the appeal. (5) The final decision to admit the amendment of the statute shall be published in the Official Gazette of Romania, Part IV. " 4. In Article 37, paragraph 2 shall read as follows: "" (2) Reorganization may consist of merger, absorption or merger, or division, total or partial. " 5. Article 38 shall read as follows: "" Art. 38 (1) The merger of two or more legally constituted parties is carried out by the approval of the merger protocol by the supreme decision-making bodies of each party, provided in art. 14, at their joint meeting. (2) In the merger protocol will be mentioned, expressly, the transfer modalities of the amounts, goods and contracts held by the merging parties, as well as the procedure for guaranteeing the continuity of the party members ' party Political merging. (3) In the merger protocol its character is established: by absorption or by merging. " 6. In Article 39, paragraphs 1 and 2 shall read as follows: "" Art. 39 (1) In the situation of the merger by absorption, one of the political parties retains its legal personality, subrogating itself in the rights and obligations of the absorbed parties that cease their activity, including by cumulating their subsidies. The merger protocol will specify which party retains its legal personality, having as a consequence the preservation of the full name, abbreviated name, permanent and electoral sign, as well as the political program. (2) The merger protocol and, if applicable, the amendments to the status of the party that retain their legal personality shall be communicated, within 10 days from their adoption, to the Bucharest Tribunal, following the procedure provided for in art. 25 25 and 26. " 7. In Article 40, paragraphs 1, 3 and 4 shall read as follows: "" Art. 40 (1) Following the merger by merging certain political parties, a new political party, which is subrogated in the rights and obligations of the political parties that merged and which, within 10 days, must comply with the provisions of art. 18, except for the submission of the list of supporting signatures ........................................................................ (3) The Bucharest Court will examine the documents submitted by the new political party-consisting of the merger merger, according to the provisions of art. 20-22. (4) As a result of the final decision of the court to register the new party resulting from the merger by merger, it will be entered in the Register of political parties, and the parties that have proceeded to merge will be deregistered. " + Article 46 Article 269 of the Law no. 53/2003 -Labor Code, republished in the Official Gazette of Romania, Part I, no. 345 of 18 May 2011, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "(3) If the conditions laid down by the Code of Civil Procedure for active procedural co-participation are fulfilled, the application may be made to the competent court for any of the applicants." + Article 47 Government Ordinance no. 10/2004 on the bankruptcy of credit institutions, published in the Official Gazette of Romania, Part I, no. 84 of 30 January 2004, approved with amendments and additions by Law no. 278/2004 , as amended and supplemented, shall be amended as follows: 1. In Article 3, paragraphs 2 and 5 shall read as follows: " (2) The procedures provided for by this ordinance, except for the appeal, shall be the exclusive jurisdiction of the tribunal in the constituency of which the debtor credit institution is situated, as it appears in the commercial register, and are met by a syndic judge .................................................................... (5) The decisions of the syndic judge are enforceable. They can be attacked separately, only with appeal. " 2. Article 4 shall read as follows: "" Art. 4 (1) For the decisions given by the syndic judge based on the provisions of art. 3, the appeals court will be the appellate court. The appeals court rulings are final. (2) The appeal will be tried within 15 days from the registration of the file to the court of appeal, the citation of the parties to be made under the conditions of the Civil Procedure Code, in the case of the Deposit Guarantee Fund in the banking system and the liquidator, and under the conditions art. 7 7 of Law no. 85/2006 on insolvency proceedings, with subsequent amendments and completions, in the case of the other parties. When the National Bank of Romania made the request for the triggering of the procedure, it will be quoted under the conditions of the Civil Procedure Code. (3) By way of derogation from the provisions of the Code of Civil Procedure regarding the suspension of provisional execution, the decisions of the syndic judge shall not be suspended by the appellate court. The appeal court will be able to suspend the following decisions a) the decision to reject the appeal of the debtor credit institution, made under the conditions of art. 16 16 para. ((2); b) the decision to settle the objections to the plan for the distribution of funds obtained from liquidation, under the conditions of art. 26 26 para. ((2). ((4) The appeal against the decision ordering the opening of the proceedings shall be declared within 5 days of the communication of the judgment. The appeal is adjudicated within 48 hours of its registration. The judgment under appeal cannot be suspended by the court of appeal. ' 3. In Article 57, paragraph 1 shall read as follows: "" Art. 57 (. The provisions of this ordinance shall be supplemented by provisions Law no. 85/2006 , with subsequent amendments and completions, with those of the Civil Code and the Code of Civil Procedure. " + Article 48 Law no. 67/2004 for the election of local public administration authorities, republished in the Official Gazette of Romania, Part I, no. 333 of 17 May 2007, as amended and supplemented, shall be amended as follows: 1. In Article 16, paragraph 5 shall read as follows: " (5) Against the solution given by the mayor can be challenged within 24 hours of communication. The appeal shall be settled no later than 3 days after the registration, by the court in whose territorial area the locality is located. The court decision shall be final and shall be communicated to the person concerned and to the mayor within 24 hours of delivery. " 2. In Article 31, paragraph 4 shall read as follows: " (4) In the counties where partial elections are held in a single electoral district no longer is a county electoral office, the settlement of the complaints provided for in art. 37 37 para. ((1) lit. h) being made by the court in whose territorial area the respective electoral district is located. The Court shall rule no later than 3 days after the registration of complaints and appeals. The judgment is final. " 3. In Article 39, paragraph 3 shall read as follows: "(3) The decision rendered shall be final and shall be communicated, in the case of the chairman of the electoral bureau and its deputy, within 24 hours, to the president of the tribunal who, in the case of admission of the appeal, shall proceed to a new designation." 4. In Article 52, paragraphs 4, 6 and 7 shall read as follows: " (4) The appeal and, if applicable, the appeal application shall be submitted to the court competent to settle them, under penalty of nullity ...................................................................... (6) Against the judgment given in the appeal can be appealed within 24 hours of the ruling, to the higher hierarchical court. The call shall be resolved within 24 hours of registration. (7) The judgment in appeal is final. ' 5. In Article 121, paragraph 2 shall read as follows: "(2) Against final judgments, rendered by the courts under this law, there is no remedy." + Article 49 Article 31 of the Law no. 211/2004 on certain measures to ensure the protection of victims of crime, published in the Official Gazette of Romania, Part I, no. 505 of 4 June 2004, as amended and supplemented, paragraph 6 is amended and shall read as follows: "(6) The judgment may be appealed to the court of appeal within 15 days of the communication." + Article 50 Law no. 273/2004 on the legal regime of adoption, republished in the Official Gazette of Romania, Part I, no. 259 of 19 April 2012, shall be amended and supplemented as follows: 1. The title of the law changes and will read as follows: " LEGE on the adoption procedure ' 2. In Article 74, paragraph 5 shall be amended and shall read as follows: "(5) The decisions by which the applications provided for by this law are settled shall be subject only to the appeal." 3. In Article 80, paragraph 2 shall be amended and shall read as follows: " (2) The documents referred to in par. ((1) lit. a)-d) shall be transmitted within 5 days from the final stay of the court decision, those provided in lett. e) and f), within 5 days from the date of issue of the provision, and the final report provided in lett. g), within 5 days of preparation. " 4. After Article 98 a new article is inserted, Article 98 ^ 1, with the following contents: "" Art. 98 98 ^ 1 The provisions of this law shall be supplemented by the provisions of the Civil Code and, as the case may be, the Code + Article 51 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, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 19 (1) The High Court of Cassation and Justice consists of: president, 2 vice presidents, 4 presidents of wards and judges. (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. " 2. In Article 19, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: "(2 ^ 1) Within the High Court of Cassation and Justice, the Panel for the resolution of the appeal in the interest of the law, the Panel for the unbundling of some questions of law, as well as 4 complete of 5 judges." 3. in Article 19, after paragraph 3, a new paragraph (4) is inserted, with the following contents: " (4) The appointment of judges in the composition of the competent panels to judge the appeal in the interest of the law, as well as of the relevant panels, to settle the complaint for a preliminary ruling on the unbundling of questions of law will be carried out according to the specialization of the court panels to which they belong. " 4. Article 21 is amended and shall read as follows: "" Art. 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 decisions 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. " 5. Article 33 (1) shall be amended and shall read as follows: "" Art. 33 (1) The President of the High Court of Cassation and Justice or, failing that, one of the Vice-Presidents presiding over the United States, the Panel for the Settlement of the Appeal in the Interest of the Law, as well as the Panel for the Unbundling of Matters of Law, The panel of 5 judges and any complete within the sections, when they participate in the judgment. " 6. 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, cases concerning 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. ' 7. In Article 36, paragraph 3 shall be amended and shall read as follows: " (3) Within the courts 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 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. ' 8. In Article 41, paragraph 1 shall be amended and shall read as follows: "" Art. 41 (1) The sections of the courts of appeal and of the courts of their constituency shall be established, at the proposal of the governing college of each court, by decision of the Superior Council of Magistracy. The specialized panels of the sections of the courts of appeal and of the courts of their constituency shall be established by the president of the court, at the proposal of the governing college of each court. " 9. After Article 42, a new article is inserted, Article 42 ^ 1, with the following contents: "" Art. 42 42 ^ 1 In the maritime and river cases, the districts of Constanta and Galati courts are as follows: a) Constanta Court: Constanta and Tulcea counties, territorial sea, Danube up to marine mile 64 inclusive; b) Galati Court: the other counties, the Danube from the marine mile 64 upstream to km 1.075. " 10. In Article 55, paragraph 1 shall be amended and shall read as follows: "" Art. 55 (1) The panel for the settlement in the first instance of cases concerning labor and social security conflicts shall be constituted by a judge and 2 judicial assistants. Art. 11 11 and art. 52 52 para. ((1) shall apply accordingly. " 11. In Article 113, paragraph 3 shall be amended and shall read as follows: " (3) Against sanctions applied according to par. (2) an appeal may be made, within 30 days from the communication of the sanction, to the administrative and fiscal section of the court of appeal in the constituency of which the sanctioned one operates. " + Article 52 Article 29 of the Law no. 317/2004 on the Superior Council of Magistracy, republished in the Official Gazette of Romania, Part I, no. 827 of September 13, 2005, with subsequent amendments and completions, paragraphs (7) to (9) are amended and shall read as follows: " (7) The decisions provided in par. (5) may be appealed with appeal by any interested person, within 15 days from communication or from publication, to the Administrative and Fiscal Litigation Section of the High Court of Cassation and Justice. The appeal is judged in a panel of 3 judges. (8) The contestation suspends the execution of the decision of the Superior Council (9) The decision to settle the appeal referred to in par. ((7) is final. " + Article 53 Law no. 370/2004 for the election of the President of Romania, republished in the Official Gazette of Romania, Part I, 650 of 12 September 2011, is amended as follows: 1. In Article 6, paragraph 6 shall read as follows: " (6) The High Court of Cassation and Justice shall rule on the appeals provided in par. ((4) and (5) no later than 24 hours after the registration of the appeal, by final decisions, which shall be communicated to the Central Electoral Office. " 2. In Article 25, paragraph 2 shall read as follows: " (2) Appeals shall be submitted to the superior hierarchical electoral office or, if the appeal relates to the Central Electoral Office, to the High Court of Cassation and Justice and shall be resolved by them no later than two days after the registration. The decision of the superior hierarchical electoral office or, as the case may be, the judgment delivered by the High Court of Cassation and Justice 3. In Article 47, paragraphs 11 and 12 shall read as follows: "" (11) Appeals regarding the accreditation or rejection of the accreditation request by the county electoral office, the electoral office of the Bucharest municipality sector or by the electoral office for polling stations abroad shall be submitted, no later than two days after the decision has been made, at the courthouse in whose territorial area the electoral office operates and shall be settled by it no later than two days after registration. The judgment is final. (12) Appeals regarding the rejection by the Permanent Electoral Authority of the request for issuing the certificates provided in par. ((7) and (8) shall be submitted no later than two days after the communication of the answer to the Bucharest Court of Appeal and shall be resolved by it within two days of registration. The judgment is final. " 4. In Article 68, paragraphs 2 and 3 shall be amended and shall read as follows: " (2) Against the final judgments rendered by the courts under this law there is no remedy. (3) The final decisions of the courts rendered as a result of the requests provided for by this law shall be communicated immediately to the Permanent Electoral Authority and to the electoral bureaus concerned. " + Article 54 Law of Administrative Litigation no. 554/2004 , published in the Official Gazette of Romania, Part I, no. 1.154 of 7 December 2004, as amended and supplemented, shall be amended and supplemented as follows: 1. Article 4 is amended and shall read as follows: "" Art. 4 The exception of illegality (1) The legality of an administrative act of an individual nature, regardless of the date of its issuance, may be investigated at any time in a process, by way of exception, ex officio or at the request of the interested party. (2) The court vested with the substance of the dispute and before which the exception of illegality was invoked, finding that the individual administrative act depends on the settlement of the dispute on the merits, is competent to rule on the exception, either by an interlocutory conclusion or by the judgment which he or she will give in the case. If the court rules on the exception of illegality by interlocutory conclusion, it can be appealed with the fund. (3) If it found the illegality of the administrative act of an individual nature, the court before which the plea of illegality was invoked will settle the case, without regard to the act whose illegality was found. (4) Administrative acts of a normative nature may not form the object of the exception of illegality. The judicial review of administrative acts of a normative nature shall be exercised by the administrative court within the framework of the action for annulment, under the conditions provided by this law. " 2. In Article 10, paragraph 1 shall be amended and shall read as follows: "" Art. 10 (1) Litigies on administrative acts issued or concluded by local and county public authorities, as well as those concerning taxes, contributions, customs debts, as well as their accessories of up to 1,000,000 lei shall be settle in substance administrative-tax tribunals, and those on administrative acts issued or concluded by central public authorities, as well as those concerning taxes, contributions, customs debt, as well as accessories of the lei more than 1,000,000 lei are solved in substance by the litigation departments administrative and fiscal of the courts of appeal, if by special organic law it is not provided otherwise. " 3. In Article 10, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "" (1 ^ 1) All applications for administrative acts issued by central public authorities which have as their object amounts representing non-reimbursable financing from the European Union, regardless of value, shall be settled in substance by the accounts administrative and fiscal of the courts of appeal. " 4. In Article 20, paragraph 3 shall be amended and shall read as follows: " (3) In the case of admission of the appeal, the court of appeal, casing the sentence, will retry the dispute in substance. When the judgment of the first court was rendered without judging the substance or if the judgment was made in the absence of the party that was unlawful cited both in the administration of the evidence and at the debate of the fund, the case will be sent, once, to this Court. If the trial in the first instance was made in the absence of the party that was unlawful cited at the administration of the evidence, but was legally cited at the debate of the fund, the court of appeal, casing the sentence, will retry the dispute in substance. " 5. Article 21 (1) shall be repealed. 6. Article 22 is amended and shall read as follows: "" Art. 22 Enforceability The final judicial decisions rendered according to this law are enforceable securities. " 7. In Article 24, paragraph 2 shall be amended and shall read as follows: " (2) If the term is not met, it shall apply to the head of the public authority or, as the case may be, to the person obliged a fine of 20% of the gross minimum wage per economy per day of delay, and the claimant shall be entitled to penalties, in Art. 894 894 of the Code of Civil Procedure. " 8. in Article 24, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: "" (2 ^ 1) The provisions of the Civil Procedure Code on enforcement remain applicable. " 9. In Article 28, paragraph 1 shall be amended and shall read as follows: "" Art. 28 (1) The provisions of this Law shall be supplemented by the provisions of the Civil Code and those of the Code of Civil Procedure, insofar as they are not incompatible with the specifics of the power relations between public authorities, on the one hand, and persons injured in their legitimate rights or interests, on the other. " + Article 55 Article 2 of the Law no. 551/2004 on the organization and functioning of the National Sports Discipline Commission, published in the Official Gazette of Romania, Part I, no. 1.161 of 8 December 2004, paragraph 6 is amended and shall read as follows: "" (6) If the Commission does not opt for the procedure for the resolution of appeals by the Commission, the interested parties may address the judgment, in accordance with the rules of common law. " + Article 56 Law no. 503/2004 on the financial recovery and bankruptcy of insurance companies, published in the Official Gazette of Romania, Part I, no. 1.193 of 14 December 2004, shall be amended as follows: 1. In Article 19, paragraphs 2 and 3 shall read as follows: " (2) Against the decision, the insurance company may appeal to the Administrative and Fiscal Litigation Section of the Bucharest Court of Appeal, within 10 days from the date of communication, under the sanction of decay. (3) The appeal is adjudicated expeditiously and in particular; the appeal does not suspend the execution of the decision of the Insurance Supervisory Commission. The court's ruling can be appealed, under the law. " 2. In Article 24, paragraphs 5 and 6 shall read as follows: " (5) After receiving each request under the conditions of par. ((1)-(4), the specially constituted commission, designated according to art. 23 23 para. (2), record and analyze all documentation related to the application. On the basis of the Commission's proposals, the Guarantee Fund manager will issue an approval decision or, where appropriate, rejecting the amount of the amounts claimed from the Guarantee Fund. Against the decision can be appealed, under the conditions provided in art. 19. (6) After the expiry of the period provided for in ((1), the Commission shall publish the list of insurance creditors accepted for payment of the amounts due from the Guarantee Fund. For creditors accepted for payment by court decision, the publication will be made, for each case, after this decision has remained final. " 3. In Article 33, paragraph 2 shall read as follows: " (2) Contestation of the insurance company against the application provided in art. 30 30 and 32 may be entered no later than 5 days after the date of receipt of the notification of the registration of such a request. The appeal is adjudicated expeditiously and in particular; only appeal can be exercised against the judgment of the tribunal. " 4. Article 36 shall read as follows: "" Art. 36 The bankruptcy procedure provided for in this chapter, except for the call provided for in art. 38 38 para. (2), is the exclusive jurisdiction of the tribunal in whose territorial area the head office of the debtor insurance company is located, which is listed in the records of the trade register office, and is exercised by a syndic judge appointed in the the law. " 5. In Article 38, paragraphs 2 and 3 shall read as follows: " (2) The decisions of the tribunal shall be enforceable and may be appealed only. (3) The appeal shall be adjudicated by the Bucharest Court of Appeal, expeditiously and in particular. Provisions art. 7 7 of Law no. 85/2006 on insolvency proceedings, as amended and supplemented, shall apply accordingly. '; 6. Article 42 shall read as follows: "" Art. 42 For thorough reasons, the Tribunal may replace the syndic judge, at any stage of the proceedings, by final conclusion given at the meeting of the Board of Justice. The liquidator may be replaced by the syndic judge, with the prior opinion of the Insurance Supervisory Commission. " 7. In Article 48, paragraph 1 shall read as follows: "" Art. 48 (1) From the date of final stay of the decision to open the bankruptcy procedure, under the conditions of this law, the administrator of the Guarantee Fund is entitled to make payments from the availabilities of this fund, in order to pay the amounts due to insurance creditors, according to the law. " + Article 57 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, shall be amended as follows: 1. In Article 44, paragraph 7 shall read as follows: " (7) The final decision of cancellation will be mentioned in the commercial register and shall be published in the Official Gazette of Romania, Part VI. From the date of publication, the judgment shall be opposable to all cooperating members. ' 2. In Article 78, paragraph 4 shall read as follows: " (4) Any creditor of the merging cooperative society, respectively shall be divided, having a claim prior to the publication of the draft merger or division, may object to the delegated judge, within 30 days from the date of publication. the draft terms of merger or division. The opposition suspends the execution of the merger or division until the date on which the court decision has become final, unless the debtor cooperative company proves the payment of debts or provides guarantees accepted by creditors. or agree with them an arrangement for the payment of debts. " 3. In Article 91, paragraphs 11, 13 and 15 shall read as follows: " (11) Admission or rejection terminations of the application for registration are subject only to the call ................................................................................................... (13) The appeal period is 5 days and flows from the date of delivery, for those who were present, and from the date of communication, for those who were absent .................................................................................................. ((15) The registration in the Register of Associations and Foundations shall be made on the day of the final stay of the conclusion of admission, issuing, on request, to the respective authorized person a certificate of enrolment, which shall include: its premises, the duration of operation, the number and the date of entry in that register. ' + Article 58 Government Emergency Ordinance no. 100/2005 on the enforcement of industrial property rights, published in the Official Gazette of Romania, Part I, no. 643 of 20 July 2005, approved with amendments by Law no. 280/2005 , with subsequent additions, shall be amended as follows: 1. In Article 6, paragraph 3 shall read as follows: " (3) The measures for the preservation of evidence shall be ordered by the competent courts in accordance with the provisions of the Code of Civil Procedure concerning provisional measures in matters of intellectual property rights. 2. Article 6 (4) and (5) shall be repealed. 3. Article 7 shall be repealed. 4. Article 10 shall read as follows: "" Art. 10 Provisional measures provided for in art. 9 9 para. ((1)-(4) shall be ordered by the competent courts in accordance with the provisions of the Code of Civil Procedure concerning provisional measures in the field of intellectual property rights. " + Article 59 Law no. 85/2006 on insolvency proceedings, published in the Official Gazette of Romania, Part I, no. 359 of 21 April 2006, as amended and supplemented, shall be amended as follows: 1. In Article 6, paragraph 1 shall read as follows: "" Art. 6 (1) All the procedures provided for by this law, except for the appeal provided in art. 8, are within the jurisdiction of the tribunal in whose constituency the debtor is based. If a special insolvency section or a complete insolvency specialist has been created in the tribunal, its/it belongs to the competent authority for carrying out the procedures provided for by this Law. " 2. Article 8 shall read as follows: "" Art. 8 (1) The appellate court shall be the appellate court for judgments rendered by the syndic judge pursuant to art. 11. The decisions of the court of appeal are final. (2) The call will be judged by specialized, emergency complete. The citation of the parties on appeal and the communication of the decisions rendered are made according to the provisions of the The courts will transmit the procedural documents in question, ex officio, for publication in the Bulletin of insolvency proceedings. In order to settle the appeal, they shall be sent to the court of appeal, in certified copy, by the chief clerk of the tribunal, only the acts that interest the resolution of the appeal, selected by the syndic judge. If the appellate court deems necessary and other acts from the substantive file, it will consider the interested parties to file them in certified copy. (3) By way of derogation from the provisions of the Code of Civil Procedure, the decisions of the syndic judge shall not be suspended by the appellate court. (4) The provisions of par. ((3) shall not apply to the judgment of the appeal against the following judgments of the syndic judge: a) the sentence of rejection of the debtor's appeal, introduced pursuant to art. 33 33 para. ((4); b) the sentence by which the entry into the simplified procedure is decided; c) the sentence by which the bankruptcy is decided, handed down under the conditions of art. 107 107; d) the sentence of resolution of the appeal to the plan for the distribution of funds obtained from liquidation and from the collection of receivables, introduced pursuant to art. 122 122 para. ((3). (5) For all appeals against judgments rendered by the syndic judge in the proceedings, a single file shall be constituted. The appellate panel to which the first appeal was randomly assigned shall be the one to settle all subsequent appeals concerning the same procedure, exercised against the same judgment or the successive judgments rendered by the syndic judge in the the same insolvency file. (6) The Court of Appeal vested with the resolution of the declared appeal against the judgment of the syndic judge by which the application for the opening of insolvency proceedings was rejected, admitting the appeal, will annul the judgment and send the case to the syndic judge for the opening of insolvency proceedings. ' 3. In Article 12, paragraphs 1 and 2 shall read as follows: "" Art. 12 (1) The decisions of the syndic judge are enforceable and can be appealed, separately, only with appeal. (2) Provisions art. 40 40 para. (1) of the Civil Procedure Code on incompatibility are not applicable to the syndic judge who successively pronounces judgments in the same case, except for the situation of retrial, after the annulment of the judgment on appeal. " 4. In Article 138, paragraph 6 shall read as follows: "" (6) Where a decision has been made to reject the action brought under paragraph 1. ((1) or, as the case may be, para. (3), the judicial administrator/liquidator who does not intend to appeal against it shall notify the creditors of his intention. If the general meeting or the creditor holding more than half of the value of all claims decides that the appeal is required, the judicial administrator must make the appeal, according to the law. " + Article 60 Repealed. ------------- Article 60 was repealed by art. IX of LAW no. 2 2 of 1 February 2013 , published in MONITORUL OFFICIAL no. 89 89 of 12 February 2013. + Article 61 Government Emergency Ordinance no. 34/2006 on the award of public procurement contracts, public works concession contracts and service concession contracts, published in the Official Gazette of Romania, Part I, no. 418 of 15 May 2006, approved with amendments and additions by Law no. 337/2006 , as amended and supplemented, shall be amended as follows: 1. In Article 283, paragraph 3 shall read as follows: "(3) The provisions of section 9 shall apply accordingly." 2. In Article 285, paragraph 5 shall read as follows: "(5) The judgment by which the court settles the complaint is final." 3. In Article 286, paragraph 2 shall read as follows: "(2) Before the court of law, disputes concerning the rights and obligations contracted in the framework of the award procedures falling within the scope of the provisions of this emergency ordinance shall be resolved urgently and in particular." 4. Article 287 ^ 16 shall read as follows: "" Art. 287 287 ^ 16 (1) The judgment given in the first instance may be appealed only, within 5 days of the communication. The appeal is judged by the court of appeal (2) The appeal shall not suspend the execution and shall be adjudicated urgently and in particular (3) In the case of admission of the appeal, the appellate court shall retry in all cases the dispute in substance. " 5. In Article 296 ^ 1, the introductory part of paragraph 1 and paragraphs 2 and 3 shall read as follows: "" Art. 296 296 ^ 1 (1) Without prejudice to the provisions of art. 294 and to the extent that an economic operator has not used an appeal in this regard, the National Authority for the Regulation and Monitoring of Public Procurement has the right to request the court, under the law, the finding absolute nullity of contracts, for the following reasons: ........................................................................... (2) The letters referred to in par. (1) shall be solved, urgently and in particular, by the Bucharest Court, the administrative and fiscal litigation section. (3) The sentence of the Bucharest Tribunal can be appealed only with appeal, within 15 days from the date of communication, to the Bucharest Court of Appeal, Administrative and Fiscal Litigation Section. " + Article 62 Law no. 192/2006 on the mediation and organization of the profession of mediator, published in the Official Gazette of Romania, Part I, no. 441 of 22 May 2006, as amended and supplemented, shall be amended as follows: 1. Article 59 shall read as follows: "" Art. 59 (1) The parties may request the public notary to authenticate their understanding. (2) The parties may appear at the court to ask for a ruling to enshrine their understanding. The jurisdiction belongs either to the judge in whose constituency he has his domicile or residence or, as the case may be, the seat of either party, or the judge in whose constituency the place where the mediation agreement was concluded is located. The decision by which the court approves the agreement of the parties is given in the council chamber and constitutes enforceable title under the law. Art. 432 432-434 of the Code of Civil Procedure shall apply accordingly. ' 2. In Article 63, paragraphs 1 and 2 shall read as follows: "" Art. 63 (1) If the dispute has been settled on the way of mediation, the court will, at the request of the parties, give a decision, the provisions of art. 432 432-434 of the Code of Civil Procedure being properly applicable. (2) With the judgment, the court will order, at the request of the interested party, the refund of the stamp duty, paid for its investiture, except in cases where the conflict settled by the mediation is linked to the transfer of ownership and/or the constitution of another right on an immovable property. " + Article 63 Government Emergency Ordinance no. 119/2006 on certain measures necessary for the application of Community regulations from the date of accession of Romania to the European Union, published in the Official Gazette of Romania, Part I, no. 1.036 of 28 December 2006, approved by additions Law no. 191/2007 , with subsequent additions, shall be amended and supplemented as follows: 1. In Article I ^ 1 Article 3, paragraph (4) shall be amended and shall read as follows: "(4) The conclusion by which the request was rejected is subject to the appeal, within 15 days of the ruling, for the present creditor, and from the communication, for the one who was absent." 2. In Article I ^ 1 Article 3, after paragraph 4, a new paragraph (4 ^ 1) is inserted, with the following contents: "" (4 ^ 1) Provisions para. ((4) shall also apply in the case of the appeal. '; 3. In Article I ^ 1 Article 7, paragraph 2 shall be amended and shall read as follows: "(2) The conclusion may be appealed within 15 days of the communication." 4. in Article I ^ 1, Article 7, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) Provisions of para. ((2) shall also apply in the case of the appeal. '; 5. Article I ^ 2 Article 1, paragraph 2 shall be repealed. 6. Article I ^ 3 Article 1, paragraph 2 shall be repealed. + Article 64 Article 48 of the Law no. 489/2006 on religious freedom and the general regime of cults, published in the Official Gazette of Romania, Part I, no. 11 of 8 January 2007, paragraph 2 is amended and shall read as follows: "(2) The terminations or decisions rendered by the court in cases concerning religious associations may be appealed only, within 15 days of the ruling, to the court." + Article 65 Law no. 33/2007 on the organization and conduct of elections for the European Parliament, published in the Official Gazette of Romania, Part I, no. 28 of 16 January 2007, as amended and supplemented, shall be amended as follows: 1. In Article 5 ^ 2, paragraph 6 shall read as follows: " (6) The High Court of Cassation and Justice shall rule on the appeals provided in par. ((4) and (5) within 24 hours of the registration of the appeal, by final decision. " 2. In Article 13, paragraph 4 shall read as follows: " (4) The decision may appeal, within 24 hours of delivery, to the Bucharest Court of Appeal. The appeal shall be resolved within two days of registration. The judgment is final. " 3. In Article 14 ^ 8, paragraph (2) shall read as follows: " (2) Appeals shall be submitted to the superior hierarchical electoral office or, if the appeal relates to the Central Electoral Office, to the High Court of Cassation and Justice and shall be resolved by them no later than two days after the registration. The decision of the superior hierarchical electoral office or, as the case may be, the judgment delivered by the High Court of Cassation and Justice 4. In Article 19 ^ 1, paragraph (7) is amended and shall read as follows: " (7) Appeals regarding the admission or rejection of electoral signs shall be submitted, in writing, to the Bucharest Court, no later than 24 hours after the expiry of the term provided in par. ((6), and shall be settled by him no later than two days after the registration of the appeal. The decision is final and shall be communicated to the objectors and to the Central Electoral Office within 24 hours. " 5. In Article 23 ^ 4, paragraphs 2 and 3 shall read as follows: " (2) Against the final judgments rendered by the courts under this law there is no remedy. (3) The final decisions of the courts, rendered as a result of the meeting, of appeals or of any other requests regarding the electoral process, shall be communicated immediately to the electoral bureaus concerned. " 6. In Article 25, paragraphs 12 and 13 shall read as follows: "" (12) Contests on accreditation or rejection of the accreditation request by the county electoral office, electoral office of the Bucharest municipality sector or by the electoral office for polling stations abroad shall be submitted, no later than two days after the decision has been made, at the courthouse in whose territorial area the electoral office operates and shall be settled by it no later than two days after registration. The judgment is final. (13) Appeals regarding the rejection by the Permanent Electoral Authority of the request for issuing the certificate provided in par. (7) or (8) shall be submitted no later than two days after the communication of the answer to the Bucharest Court of Appeal and shall be resolved by it within two days of registration. The judgment is final. " + Article 66 Article 6 of the Law no. 230/2007 on the establishment, organization and functioning of the owners ' associations, published in the Official Gazette of Romania, Part I, no. 490 of 23 July 2007, as amended, paragraph 6 is amended and shall read as follows: " (6) The conclusion is subject only to the call, within 5 days of communication. The appeal shall be adjudicated with the citation + Article 67 Article 23 of the Law no. 350/2007 on utility models, published in the Official Gazette of Romania, Part I, no. 851 of 12 December 2007, paragraphs 4 and 5 shall be amended and shall read as follows: " (4) The decision of the commission for review, motivated, shall be communicated to the parties within 15 days of delivery and may be appealed to the Bucharest Court within 30 days of the communication. (5) The decisions of the Bucharest Tribunal can be appealed only with appeal to the Bucharest Court of Appeal. " + Article 68 Law no. 35/2008 to elect the Chamber of Deputies and the Senate and to amend and supplement Law no. 67/2004 for the election of local public administration authorities, Local public administration law no. 215/2001 and a Law no. 393/2004 on the Statute of local elected officials, published in the Official Gazette of Romania, Part I, no. 196 of 13 March 2008, as amended and supplemented, shall be amended as follows: 1. In Article 9 ^ 1, paragraph 6 shall read as follows: " (6) The High Court of Cassation and Justice shall rule on the appeals provided in par. ((4) and (5) within 24 hours of the registration of the appeal, by final decision. " 2. In Article 21, paragraph 2 shall read as follows: "" (2) Appeals shall be submitted to and settled by the electoral body constituted at the level immediately superior to the one to which the office referred to by the appeal or by the High Court of Cassation and Justice operates, if the the appeal refers to the Central Electoral Office, no later than two days after registration. The decision of the electoral body or, as the case may be, the judgment given by the High Court of Cassation and Justice 3. In Article 32, paragraphs 4, 6 and 7 shall read as follows: " (4) The appeal and the application for appeal shall be filed with the competent court, under penalty of invalidity .......................................................................... (6) Against the judgment given in the appeal can be appealed within 24 hours of the ruling, to the higher hierarchical court. The call shall be resolved within 24 hours of registration. (7) The judgment in appeal is final. ' 4. In Article 35, paragraph 6 shall read as follows: " (6) Appeals regarding the registration of electoral signs shall be submitted within 24 hours from the expiry of the term provided in par. ((1) and shall be settled by the Bucharest Court no later than two days after the registration of the appeal. The decision of the Bucharest Tribunal is final and shall be communicated within 24 hours to the parties and to the Central Electoral Office. 5. In Article 43, paragraph 3 shall read as follows: "" (3) The accreditation of the representatives of the written press, radio and television in Romania is made by the Permanent Electoral Authority. The appeal regarding the accreditation or rejection of the accreditation request shall be solved by the Bucharest Court of Appeal within two days of registration. The judgment given is final. ' 6. In Article 70, paragraph 3 shall read as follows: "(3) The final decisions of the courts, rendered as a result of the meeting, of appeals or of any other requests regarding the electoral process, shall be communicated immediately to the electoral bureaus concerned." + Article 69 Government Emergency Ordinance no. 51/2008 on civil judicial aid in civil matters, published in the Official Gazette of Romania, Part I, no. 327 of 25 April 2008, approved with amendments and additions by Law no. 193/2008 , as amended, amend and supplement as follows: 1. Article 13 shall be amended and shall read as follows: "" Art. 13 (. The judicial public aid for the exercise of an appeal may be granted following a new application. ((2) The application for the granting of judicial public aid for the exercise of an appeal shall be addressed to the court whose judgment is compulsorily attacked within the time limit for the exercise of the appeal and shall be resolved urgently by a Completely different than the one who settled the case on the merits. (3) By introducing the application for the granting of judicial public aid, the term for the exercise of the appeal shall be interrupted only once, if the applicant submits within 10 days the supporting documents provided for in art. 14. From the date of communication of the conclusion by which the application for judicial public aid has been resolved or, as the case may be, the request for review, within the meaning of the admission, respectively of the rejection, begins to run a new term for the exercise of the appeal. (4) In the case of admission of the application for judicial public aid under the conditions of 6 lit. a), the court immediately communicates the conclusion of the applicant and bar of lawyers. The bar is obliged to designate within 48 hours a lawyer with the right to plead before the appellate court or, as the case may be, appeal. The date of appointment of the lawyer and his identification data shall be communicated to the court and to the applicant within 48 hours. (5) From the date of appointment of the lawyer according to para. ((4) a new period shall begin to run for the exercise of the appeal. " 2. After Article 13, a new article is inserted, Article 13 ^ 1, with the following contents: "" Art. 13 13 ^ 1 (1) If the judgment given in the case for which the judicial public aid was approved is subject to appeal, the judicial public aid granted in the immediately preceding procedural stage in the form provided for in art. 6 lit. a) shall be extended by law for the drafting of the application and of the grounds for appeal, and for the exercise and support thereof. (2) The decision rendered with the right of appeal, accompanied by the copy of the conclusion of consent of the judicial public aid shall be communicated immediately to the bar of lawyers, in order to verify and confirm or, if applicable, the appointment of a lawyer with right to plead before the court of appeal. For appeal the lawyer is entitled to the distinct fee, established, according to the law, by the court of appeal. (3) If the party has not received judicial public aid in the procedural stage prior to the appeal, the request for judicial public aid shall be made according to art. 13. (4) From the date of designation or confirmation of the lawyer according to par. ((2) a new period begins to run for the exercise of the appeal of the appeal. Art. 13 13 para. ((4) the final sentence shall be applicable accordingly. (5) The appeal court shall verify that the conditions for judicial public aid granted under par. ((1). If the court finds that the conditions are no longer met, it has, by conclusion, its termination and the obligation of the party to the restitution, in whole or in part, of the state advanced expenses in the form of a lawyer's fee, according to par. ((2). Art. 21 21 are applicable. ' + Article 70 Law no. 381/2009 on the introduction of preventive concordat and ad hoc mandate, published in the Official Gazette of Romania, Part I, no. 870 of 14 December 2009, is amended as follows: 1. Article 6 shall read as follows: "" Art. 6 The appellate court is the appellate court for judgments rendered by the syndic judge. The decisions of the court of appeal are final. " 2. In Article 15, paragraphs 4 and 5 shall read as follows: " (4) The decisions of the syndic judge can be appealed by the parties only with appeal, within 10 days, which is calculated from the communication, for the absentees, and from the pronouncement, for those present. ((5) The call shall not be suspended. " + Article 71 Public-private partnership law no. 178/2010 , published in the Official Gazette of Romania, Part I, no. 676 of 5 October 2010, as amended and supplemented, shall be amended as follows: 1. In Article 28 ^ 20, paragraph (4) shall read as follows: " (4) Provisions of art. 28 ^ 23-art. 28 28 ^ 35 shall apply accordingly. ' 2. In Article 28 ^ 23, paragraph 2 shall read as follows: "(2) Before the court of law, disputes concerning the rights and obligations contracted in the selection procedures that fall within the scope of the provisions of this law shall be resolved urgently and in particular." 3. Article 28 ^ 34 shall read as follows: "" Art. 28 28 ^ 34 (. The judgment shall be delivered within 3 days of the closing of the proceedings and shall be communicated to the parties no later than 5 days after the ruling. (2) The judgment given in the first instance may be appealed only within 5 days of the communication. The appeal is judged by the court of appeal (3) The call shall not suspend the execution and shall be judged by urgency and in particular. (4) In the case of admission of the appeal, the appellate court shall retry in all cases the dispute in substance. " + Article 72 Article 155 of Law no. 263/2010 on the unitary public pension system, published in the Official Gazette of Romania, Part I, no. 852 of 20 December 2010, with subsequent amendments and completions, shall be amended and shall read as follows: "" Art. 155 (1) Only appeal to the competent court of appeal may be made against the courts ' decisions. (2) The decisions of the courts of appeal, as well as the judgments of the courts not attacked with appeal within the period shall be final. " + Article 73 Social dialogue law no. 62/2011 , published in the Official Gazette of Romania, Part I, no. 322 of 10 May 2011, is amended as follows: 1. Article 16 shall read as follows: "" Art. 16 (1) The judgment is only subject to appeal. (2) The term of appeal is 15 days and flows from the communication of the judgment. For the prosecutor the term call flows according to art. 462 462 para. ((4) of the Code of Civil Procedure. (3) The appeal shall be adjudicated with the summoning of the special powers of the founding members of the trade union organization within 30 days. The appellate court shall render the decision and return the file to the court within 5 days of the ruling. " 2. In Article 17, paragraphs 1 and 2 shall read as follows: "" Art. 17 (1) The court is obliged to keep a special register of trade unions, in which they register: the name and headquarters of the union, the names and surnames of the members of the management body, their personal numerical code, the date of registration, and the number and the date of the final court decision of admission of the application. ((2) Registration in the special register of trade unions provided in par. ((1) shall be made ex officio, within 7 days from the date of final stay of the judgment rendered by the court. " 3. Article 18 shall read as follows: "" Art. 18 The union acquires legal personality from the date of registration in the special register of trade unions, provided for in art. 17 17 para. ((1), of the final judgment. " 4. In Article 42 (2), letter c) shall read as follows: "c) certified copies of the judicial decisions for the acquisition of the legal personality, remaining final, by the trade union organizations that associate;" 5. In Article 43, paragraph 1 shall read as follows: "" Art. 43 (1) The territorial union unions, established according to art. 41 41 para. ((4), acquire legal personality at the request of the federations or trade union confederations that have decided to establish them. For this purpose, the special power of the federation or the trade union confederation shall apply for the acquisition of legal personality in the court in whose territorial area the territorial union union is established, accompanied by its decision. the federation or the union association of union formation, according to the statute, certified copy of the status of the federation or trade union confederation and of the legalized copy of the court decision on the acquisition of legal personality by this, remaining final. ' 6. Article 45 shall read as follows: "" Art. 45 (1) The judgment of the General Court is subject only (2) The term of appeal is 15 days and flows from the communication of the judgment. For the prosecutor the term call flows according to art. 462 462 para. ((4) of the Code of Civil Procedure. (3) The appeal shall be adjudicated expeditiously, within 45 days, with the summoning of the special power of attorney. The appellate court shall render the decision within 5 days of the ruling. ' 7. In Article 46, paragraphs 1 and 2 shall read as follows: "" Art. 46 (1) The General Court of Bucharest is obliged to keep a special register of the federations, trade union confederations and their territorial union unions, in which they record: the name and headquarters of the trade union organizations constituted by association, the names and surnames of the members of the management body, their personal numerical code, the date of registration, as well as the number and date of the final court decision to acquire the legal personality. ((2) Registration in the special register provided in par. ((1) shall be made ex officio, within 7 days from the date of final stay of the judgment rendered by the court. " 8. Article 47 shall read as follows: "" Art. 47 The trade union organization established by association shall acquire legal personality from the date of final stay of the court order for admission of the application for registration in the special register. " 9. In Article 51, paragraph 4 shall read as follows: "(4) The judgment may be appealed only." 10. In Article 52, letters A. a), B. a) and C. a) shall read as follows: "" A. at national level: a) copy of the final court decision on the acquisition of the legal personality of the confederation and of the last final court decision amending the status and/or composition of the executive management bodies; ........................................................................... B. at sector level of activity or group of units: a) copy of the final court decision on the acquisition of the legal personality of the federation and of the last final court decision amending the status and/or composition of the governing bodies; ........................................................................... C. at unit level: a) copy of the final court decision on the acquisition of legal personality by the trade union and of the last final court decision amending the status and/or composition of the executive management body; " 11. In Article 55, paragraph 4 shall read as follows: " (4) The territorial employers 'unions acquire legal personality at the request of the federations or employers' confederations that have decided to establish them. For this purpose, the special power of attorney of the federation or the employers 'confederation shall submit an application for the acquisition of legal personality at the tribunal in whose territorial area the territorial employers' union is established, accompanied by the the federation or employers 'confederation of incorporation of the union, according to the statutes, certified copies of the statutes of the federations and/or employers' confederations and the legalized copies of the judicial decisions legal by them, remaining final. ' 12. In Article 58, paragraphs 10 to 12 shall read as follows: " (10) The judgment is only subject to appeal. (11) The term of appeal is 15 days and flows from the communication of the judgment. For the prosecutor the term call flows according to art. 462 462 para. ((4) of the Code of Civil Procedure. (12) The appeal is adjudicated with the citation of the special power of attorney of the founding members of the employers ' organization within 30 days. The appellate court shall render the decision and return the file to the court within 5 days of the ruling. " 13. In Article 59, paragraphs 3 and 8 shall read as follows: " (3) The employers ' organization acquires legal personality from the date of registration in the special register provided in par. ((1) of the final judgment of admission of the application for registration .......................................................................... (8) The employers ' organization has the obligation, within 30 days from the date of final stay of the establishment decision, to transmit to the Ministry of Labour, Family and Social Protection, in electronic format, the status, the act constitutive, the table of adhesions, the contact details of the members of the executive management bodies, as well as the final court decision. 14. Article 60 shall read as follows: "" Art. 60 The employers ' organization shall acquire legal personality from the date of final stay of the judgment. " 15. In Article 72, paragraph 4 shall read as follows: "(4) The judgment may be appealed only." 16. In Article 73, letters A. a) and B. a) shall read as follows: "" A. at national level: a) copy of the final court decision on the acquisition of the legal personality of the confederation and of the last final court decision amending the status and/or composition of the executive management bodies; ........................................................................... B. at sector level of activity: a) copy of the final court decision on the acquisition of the legal personality of the federation by the employers ' organization and of the last final court decision amending the statute and/or the composition of the executive bodies of driving; " 17. In Article 179, paragraph 2 shall read as follows: " (2) The arbitral decisions rendered by the Office of Mediation and Arbitration of Collective Labour Conflicts of the Ministry of Labour, Family and Social Protection are binding on the parties, complete the collective agreements and constitute enforceable securities. ' 18. In Article 200, paragraph 2 shall read as follows: "(2) Judgments rendered by the court shall be subject only to appeal." 19. In Article 201, paragraph 1 shall read as follows: "" Art. 201 (. The Tribunal and the Court of Appeal shall resolve the application or, where appropriate, the appeal, according to the procedure laid down for the settlement of collective labour disputes. 20. Article 214 shall read as follows: "" Art. 214 The decisions of the court are subject only to the appeal. " 21. Article 215 shall read as follows: "" Art. 215 The appeal period shall be 10 days from the date of communication of the judgment. ' + Title V Final provisions + Article 74 The right to mortgage action provided by art. 2.504 of the Civil Code is unpredictable. The provisions of the Code of Civil Procedure regarding the prescription of the right to obtain enforcement remain applicable. -------- Article 74 has been amended by section 4. 2 2 of art. VII of LAW no. 138 138 of 15 October 2014 , published in MONITORUL OFFICIAL no. 753 753 of 16 October 2014. + Article 75 For the purposes of art 375 of the Civil Code, in the case of marriages concluded abroad, by the place of conclusion of the marriage is understood the locality in whose registry of civil status the marriage certificate was transcribed. + Article 76 Until the organization of the guardianship and family courts, the courts or, as the case may be, the courts or tribunals specialized for minors and the family will perform the role of guardianship and family courts, having the competence established according to the Civil Code, Code of civil procedure, present law, as well as special regulations in force. + Article 77 Whenever by laws and other normative acts reference is made to Law no. 31/1990 concerning companies or the "commercial company/companies", as the case may be, the reference shall be deemed to be made at Company law no. 31/1990 or, as the case may be, to " the regulated/regulated companies of Law no. 31/1990 , republished, with subsequent amendments and completions ". + Article 78 Provisions art. 17 17 of Law no. 188/2000 , republished, as well as with the amendments made by this law, shall also apply to cases of non-fulfilment of the obligation provided in par. (1) of the same article, for which it was not issued, until the date of entry into force of this law, the order of the Minister of Justice to remove from office the bailiff. + Article 79 Within 2 years from the date of entry into force of this Law, the companies registered in the trade register that have the phrase "commercial company" are obliged to take the necessary steps to replace this phrase with the term "" society ". Until these steps are completed, the company may operate with the name entered in the trade register on the date of entry into force of this Law. The registration in the trade register of the statement on the amendment of the articles of association as a result of the change of the name of the company is exempt from + Article 80 Within 3 months from the date of publication of the present law in the Official Gazette of Romania, Part I, Law no. 134/2010 on the Civil Procedure Code and the normative acts provided for in art. 23, 25, 28, 31-36, 38, 40, 41, 43, 45, 47-49, 51, 52, 54, 56, 58, 59, 61, 63, 65, 69 and 73 will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. + Article 81 ((1) Law no. 134/2010 on the Code of Civil Procedure, republished in the Official Gazette of Romania, Part I, no. 545 of 3 August 2012, with subsequent additions, shall enter into force on 15 February 2013. ------------- Alin. ((1) of art. 81 81 has been amended by section 1 1 of art. I of EMERGENCY ORDINANCE no. 4 4 of 30 January 2013 , published in MONITORUL OFFICIAL no. 68 68 of 31 January 2013. ((2) Abrogat. ------------- Alin. ((2) of art. 81 81 has been repealed by section 6.6. 2 2 of the single article of EMERGENCY ORDINANCE no. 44 44 of 23 August 2012 , published in MONITORUL OFFICIAL no. 606 606 of 23 August 2012. + Article 82 This law shall enter into force on the date provided in art. 81 81, except the provisions of art. 80, which takes effect 3 days from the date of publication of the present law in the Official Gazette of Romania, Part I, and of the provisions of art. 38 38 section 1 1 and 2, which shall enter into force on 1 October 2013. ------------- Article 82 has been amended by section 2. 1 1 of art. unique from LAW no. 214 214 of 28 June 2013 , published in MONITORUL OFFICIAL no. 388 388 of 28 June 2013, amending section 2 2 of art. I of EMERGENCY ORDINANCE no. 4 4 of 30 January 2013 , published in MONITORUL OFFICIAL no. 68 68 of 31 January 2013. + Article 83 On the date of entry into force of the Code of Civil Procedure: a) "Codicele of civil procedure" (or "Code of civil procedure"), republished in the Official Gazette, Part I, no. 45 of 24 February 1948, with subsequent amendments and completions; b) The Code of Civil Procedure Carol II ( Decree-Law no. 2.899/1940 ), published in the Official Gazette, Part I, no. 201 201 of 31 August 1940; c) Law no. 18/1948 for the amendment of the Civil Procedure Code, published in the Official Gazette, Part I, no. 35 35 of 12 February 1948; d) Decree of the State Council no. 203/1974 for the establishment and organization of maritime and river sections at some courts and prosecutor's offices, published in the Official Bulletin, no. 131 of 31 October 1974, with subsequent amendments and completions; e) 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 amendments and completions; f) art. 24 24 para. 2 2 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; g) Government Ordinance no. 5/2001 on the procedure of the payment order, published in the Official Gazette of Romania, Part I, no. 422 422 of 30 July 2001, approved with amendments and additions by Law no. 295/2002 , with subsequent amendments and completions; h) art. 12 12 of Law no. 240/2004 on the liability of producers for damage caused by defective products, republished in the Official Gazette of Romania, Part I, no. 313 313 of 22 April 2008; i) Government Emergency Ordinance no. 119/2007 on measures to combat the delay in the execution of payment obligations resulting from contracts between professionals, published in the Official Gazette of Romania, Part I, no. 738 of 31 October 2007, approved with amendments and additions by Law no. 118/2008 ,, as amended; j) art. 229 ^ 1 of Law no. 71/2011 for the implementation of Law no. 287/2009 on the Civil Code, published in the Official Gazette of Romania, Part I, no. 409 of 10 June 2011, with subsequent amendments and completions; k) any other contrary provisions, even if 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. CHAMBER OF DEPUTIES PRESIDENT ROBERTA ALMA ANASTASE SENATE PRESIDENT VASILE BLAGA Bucharest, 24 May 2012. No. 76. -------