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Law No. 138 Of 15 October 2014 Amending And Supplementing Law No. 134/2010 On The Code Of Civil Procedure And Amending And Supplementing Certain Acts Related

Original Language Title:  LEGE nr. 138 din 15 octombrie 2014 pentru modificarea şi completarea Legii nr. 134/2010 privind Codul de procedură civilă, precum şi pentru modificarea şi completarea unor acte normative conexe

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LEGE no. 138 138 of 15 October 2014 to amend and supplement Law no. 134/2010 on the Code of Civil Procedure, as well as for amending and supplementing certain related normative acts
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 753 753 of 16 October 2014



The Romanian Parliament adopts this law + Article I 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, as amended and supplemented, shall be amended and supplemented as follows: 1. in Article 94, paragraph 1, after letter h), a new letter, letter h ^ 1) is inserted, with the following contents: "h ^ 1) requests for judicial declaration of the death of a person;". 2. In Article 136, paragraph 1 is amended and shall read as follows: "" Art. 136. --(1) The provisions of this section relating to the exception of non-competence and to the conflict of jurisdiction shall also be applied in the case of specialised sections of the same court, which shall be pronounced by conclusion. " 3. In Article 139, paragraphs 3 and 4 shall be amended and shall read as follows: " (3) The file will be sent to the court first vested, unless the plaintiff and the defendant ask for it to be sent to one of the other courts. If the courts are of different degree, the connection of the files will be done to the higher court in the degree. (4) When one of the requests is for the sole jurisdiction of a court, the connection is made at that court. Art. 99 99 para. ((2) are applicable. " 4. In Article 200, paragraph 1 shall be amended and shall read as follows: "" Art. 200. -(1) The panel to which the case has been randomly assigned shall verify, immediately, whether the request for a call for appeal is within its competence and whether it meets the requirements laid down in art. 194-197 194-197. " 5. In Article 200, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: " (1 ^ 1) If the case is not within its competence, the panel to which the application was assigned shall, by closing the date without citing the parties, send the file to the competent specialized panel or, as the case may be, to the competent specialized department of the court seised. The provisions relating to non-compliance and conflicts of jurisdiction shall apply by similarity. " 6. In Article 200, paragraph 2 shall be amended and shall read as follows: " (2) When the application does not meet the requirements of art. 194-197, the applicant shall be notified in writing the shortcomings, with the mention that, no later than 10 days after the receipt of the communication, he must make the additions or changes ordered, under the sanction of cancellation of the application. An obligation to designate a common representative shall be exempted from this penalty, in which case the provisions of art. 202 202 para. ((3). ' 7. Article 231 is amended and shall read as follows: "" Art. 231 The briefing notes. Recording session (1) The Clerk who attends the meeting is obliged to take notes in connection with the conduct of the trial, which will be targeted by the President. The parties may require the reading of the notes and, if applicable, their correction. (2) After the end of the hearing, the participants in the trial receive, upon request, a copy of the notes of the Registrar. (3) The notes of the Registrar may be challenged at the latest at the following time. (4) The court will record the court hearings. In case of appeal by the participants to the trial of the Registrar's notes, they will be checked and possibly completed or rectified on the basis of the records in the court hearing. (5) On request, the parties, at their expense, may obtain an electronic copy of the registration of the hearing in respect of their cause. (6) The records from the court hearing will also be requested by the judicial review courts. " 8. In Article 450, paragraph 3 shall be amended and shall read as follows: " (3) The request for suspension will be tried by the appellate court. Art. 718 718 para. ((6) are applicable. The date on the application for suspension shall be subject to the same appeal as the judgment under appeal. ' 9. in Article 457, after paragraph 3, a new paragraph (4) is inserted, with the following contents: " (4) Where the court orders the requalification of the appeal, from the date of the conclusion, for the parties present, or from the date of communication of the conclusion, for the parties who have been absent, a new deadline for declaration or, as the case may be, motivation of the remedy provided by the law. " 10. In Article 484, paragraph 1 is amended and shall read as follows: "" Art. 484. -(1) The appeal suspends the execution of the judgment in cases concerning the abolition of construction, plantations or any works with fixed settlement, as well as in the specific cases provided by law. " 11. In Article 520, paragraph 9 is amended and shall read as follows: "" (9) Provisions para. ((8) shall apply accordingly and where the matter of law does not fall within the competence of any section of the High Court of Cassation and Justice. " 12. Article 520 (13) shall be repealed. 13. In Article 603, paragraph 3 is amended and shall read as follows: " (3) If the arbitral award relates to a dispute related to the transfer of ownership and/or the constitution of another real right on an immovable property, the arbitral award will be presented to the court or notary public to obtain a court order or, as the case may be, a notarial authentic instrument. After the verification by the court or by the public notary of compliance with the conditions and after the fulfilment of the procedures required by law and the payment by the parties of the tax on the transfer of ownership, it will proceed when registering in the land register and the transfer of ownership and/or the constitution of another real right on the immovable property in question will be carried out. If the arbitral award is enforced, the checks provided for in this paragraph will be carried out by the court, within the framework of the procedure of investment with the enforceable formula. " 14. Article 615 is amended and shall read as follows: "" Art. 615 Forced execution (1) The arbitral award is enforceable and, after the execution of the enforceable formula, shall be executed as a judicial decision. (2) The application for investment with the enforceable formula shall be settled by the tribunal in the constituency to which the arbitration took place. Art. 640 ^ 1 para. ((3)-(6) are applicable. " 15. Article 628 is amended and shall read as follows: "" Art. 628 Obligations likely to be foreclosed (1) The obligations of which the object consists in the payment of a sum of money, the surrender of a good or its use, the abolition of a construction, a plantation or other work, the entrustment of the minor, the establishment of the dwelling and visiting it or in taking another measure established by the enforceable title. (2) If the enforceable title has been stipulated or granted interest, penalties or other amounts, which are due to the creditor, without having been determined their amount, they will be calculated by the bailiff, according to the law. (3) Also, the bailiff, at the request of the creditor, may update the value of the main obligation established in money, regardless of its source, according to the criteria contained in the enforceable title. 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 when the claim became chargeable until the date of the actual payment of the obligation contained in any of these securities. (4) If the enforceable title does not include interest, penalties or other amounts, but they are full due to the creditor, according to art. 1.535 of the Civil Code or other special legal provisions, they will be determined by the executing court at the request of the creditor, by concluding the date with the citation of the parties. (5) For the amounts established under this Article, the conclusion of the executing court or the bailiff shall constitute enforceable title, without the need to invest with the enforceable formula. " 16. In Article 632, paragraph 2 shall be amended and shall read as follows: " (2) It constitutes enforceable securities the enforceable decisions provided in art. 633, decisions with provisional execution, final decisions, as well as any other decisions or documents that, according to the law, can be executed. " 17. Article 635 is amended and shall read as follows: "" Art. 635 Arbitral decisions and other decisions of the bodies with judicial powers Arbitral decisions vested with the enforceable formula may be executed, even if they are attacked with the action for annulment, as well as other decisions of the bodies with jurisdictional duties remaining final, as a result of their failure to attack the competent court, if vested with the enforceable formula. '; 18. In Article 638 (1), point 2 is amended and shall read as follows: " 2. authentic documents, in the cases provided by law; 19. In Article 638 (1), a new point shall be inserted after point 2, point 2 ^ 1, with the following contents: "" 2 ^ 1. notarial enforceable titles issued under the conditions provided by law; " 20. After Article 640 a new article is inserted, Article 640 ^ 1, with the following contents: "" Art. 640 640 ^ 1 Investing with enforceable formula (. The enforceable securities, other than court decisions, may be enforced only if they are invested with the enforceable formula. (2) The application for investment with the enforceable formula shall be settled by the court in the constituency of which the domicile or seat of the creditor or the debtor is located, as the case may be, in the council chamber, without citing the parties. If the domicile or, as the case may be, the seat of the creditor is abroad, the creditor will be able to submit the request for investment and to the court in the constituency of which his domicile is located (3) The court will verify that the document meets all the conditions of the form required by law to be enforceable, as well as other requirements in the particular cases provided by law. (4) The conclusion by which the application for investment with the enforceable formula is rejected can be appealed only with appeal by the creditor, within 5 days of communication. (5) The conclusion by which the application for investment with the enforceable formula is admitted is not subject to any appeal, but its legality may be the object of the appeal to the execution. (6) The enforceable formula reads as follows: " We, President of Romania, We give the power of attorney and order the bailiffs to execute the title (Here follows the elements of identification of the enforceable title.) for which the present investment conclusion with the enforceable formula 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. (Follow the signature of the presiding judge and the Registrar.) "." 21. In Article 650, paragraph 1 is amended and shall read as follows: "" Art. 650. -(1) The enforcement court is the court in whose constituency it is located, on the date of referral of the enforcement body, the domicile or, as the case may be, the seat of the debtor, unless the law has otherwise. If the domicile or, as the case may be, the seat of the debtor is not in the country, it is the jurisdiction of the court in whose constituency it is located, on the date of referral of the enforcement body, the domicile or, as the case may be, the seat of the creditor, and the country, the court in whose constituency the seat of the office of the bailiff invested by the creditor is located. " 22. In Article 650, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "" (1 ^ 1) The change of domicile or seat of the debtor or, as the case may be, of the creditor after the commencement of forced execution does not entail the change of the 23. In Article 650, paragraphs 2 and 3 shall be amended and shall read as follows: " (2) The executing court shall settle the appeals for execution, as well as any other incidents arising in the course of forced execution, except for those given by law in the jurisdiction of other courts or bodies. (3) In all cases the court of enforcement shall rule by enforceable conclusion that can be appealed only with appeal, within 10 days of communication, if by law it is not ordered otherwise. " 24. Article 651, point b) of paragraph 1 and paragraphs 2 and 3 shall be amended and shall read as follows: " b) in the case of forced pursuit of movable property and forced execution of securities, the bailiff of the constituency of the court of appeal where the domicile is located or, where applicable, the seat of the debtor, or of the constituency of the court of appeal where the find out the goods; if the domicile or, as the case may be, the debtor's premises are abroad, any bailiff is competent; ..................................................................... (2) If the traceable, mobile goods are located 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 with regard to the goods traceable within the radius of the other appellate courts. (3) The bailiff shall remain competent to continue enforcement even if after the beginning of the execution the debtor has changed his domicile or, as the case may be, the seat. 25. In Article 651, after paragraph 3, a new paragraph (3 ^ 1) is inserted, with the following contents: " (3 ^ 1) If the original bailiff invested by the creditor finds that there are no traceable goods and income within the radius of its territorial jurisdiction, the creditor may ask the executing court to continue the execution by another bailiff, the provisions of art. 652 652 para. ((4) by applying properly. " 26. In Article 652, paragraph 4 shall be amended and shall read as follows: " (4) At the request of the creditor, the executing court may order, for thorough reasons, the replacement of the bailiff with another bailiff indicated by the creditor and the continuation of the enforcement by the new bailiff. Art. 653 653 para. ((2) shall apply accordingly. '; 27. In Article 659, paragraph 2 shall be amended and shall read as follows: " (2) Also, at the request of the bailiff, public institutions, credit institutions and any other natural persons or legal persons are obliged to communicate, immediately, in copy, the documents, as well as, in writing, the data and the information appreciated by the bailiff as necessary for the execution of forced execution, including the personal numerical code of the person subject to 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. 187 187 para. ((1) pt. 2 lit. f) and art. 189 189. " 28. Article 664 is amended and shall read as follows: "" Art. 664 Registration of the enforcement request As soon as he receives the request for execution, the bailiff will order its registration. " 29. Article 665 is amended and shall read as follows: "" Art. 665 Declaration of enforceability (1) The application for forced execution shall be settled within 3 days from its registration. (2) The bailiff shall rule on the consent of the forced execution, by conclusion, without summoning the parties. 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. 656 656 para. (1), the performance of the enforceable title on the basis of which the execution will be made, the amount, when it is determined or determinable, with all the accessories for which the pursuit was approved, when the forced pursuit of the goods was approved the debtor, and the concrete way of enforcement, when requested expressly. (4) The enforceability of forced execution allows the creditor to ask the competent judicial executor to resort, simultaneously or successively, to all the execution modalities provided by law in order to achieve his rights, including expenses Execution. 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. (5) The Executor of the Court shall 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 registration, other than a court decision, is not invested with the enforceable formula; 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 carried out by forced execution; 7. there are other impediments provided by law. (6) The conclusion by which the consent of the forced execution was ordered may be subject to the control of the court of execution on the way of appeal to execution, under the law. The conclusion by which the application for the consent of the forced execution is rejected can be challenged by the creditor, within 15 days from the communication, to the court of execution. " 30. In Article 669, paragraphs 5 and 6 shall be amended and shall read as follows: "" (5) If the amounts established according to par. (4) cannot be recovered from the debtor, due to the lack of traceable goods or other such causes, these, except for the honorarium of the bailiff, will be paid by the creditor, who will be able to recover them from the debtor when the patrimonial state of It will allow it, within the limitation period. (6) For the amounts established under this Article, the conclusion shall constitute an enforceable title for both the creditor and the bailiff, without the need to invest with the enforceable formula. " 31. Article 671 is amended and shall read as follows: "" Art. 671 Communication of procedural documents The communication of procedural documents in the framework of forced execution can be done by the bailiff either personally or through his procedural agent and, if this is not possible, according to the legal provisions on citation and the communication of procedural documents, which shall apply accordingly. Proof of communication by procedural agent shall have the same probative force as evidence of communication by the executor himself. " 32. In Article 679, paragraph 2 is amended and shall read as follows: " (2) In the case of other enforceable securities than court decisions, at the request of the creditor or the bailiff, the competent court will authorize the entry into the places mentioned in par. ((1). The court shall rule, as a matter of urgency, in the council chamber, with the citation of the third party holding the good, by enforceable conclusion that is not subject to any remedy. " 33. In Article 698, paragraph 2 is amended and shall read as follows: "(2) After the consent of the forced execution, the executor will communicate to the debtor the conclusion of the consent of the forced execution, as well as a new summons, to which the title that is executed will no longer be joined." 34. In Article 711, paragraph 3 is amended and shall read as follows: " (3) Also, after the commencement of forced execution, those interested or injured may ask, on the way of the challenge to execution, and the cancellation of the conclusion of investment with the enforceable formula, as well as the conclusion by which the application for consent of forced execution, if they were given without fulfilling the legal conditions. " 35. In Article 713, paragraph 2 shall be amended and shall read as follows: "" (2) 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 property 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. " 36. In Article 714, paragraph 2 shall be amended and shall read as follows: "(2) Contestation against the conclusion of the bailiff, in cases where they are not, according to the law, final, can be made within 15 days of communication." 37. In Article 716, paragraph 1 shall be amended and shall read as follows: "" Art. 716. -(1) The appeal for execution shall be adjudicated with the procedure provided for in this Code for trial in the first instance, which shall apply accordingly, the provisions of art. 200 200 not applicable in this case. ' 38. In Article 718, paragraph 7 is amended and shall read as follows: " (7) If there is urgency and if, in the cases provided in par. ((2) and para. (3), bail has been paid, the court may order, by conclusion and without citing the parties, the provisional suspension of the execution until the request for suspension is resolved. The conclusion is not subject to any remedy. The security lodged under this paragraph shall remain frozen even if the application for interim suspension is rejected and shall be deductible from the final bail set by the court, if any. ' 39. In Article 719, paragraph 8 is amended and shall read as follows: " (8) In the situation referred to in par. (7), the court will request the act that finds the refusal of the bailiff to receive or to register the application for enforcement, to carry out an act of forced execution or to take another measure provided by law. " 40. In Article 731, paragraph 2 shall be amended and shall read as follows: " (2) If there is obvious danger of evading assets from prosecution, at the request of the creditor or bailiff, the enforcement court will order the seizure of the following goods with the notice of the injunction to Debtor. The court is considering the emergency request, in the council chamber, without citing the parties. The conclusion shall not be subject to any appeal. " 41. In Article 767, paragraph 2 is amended and shall read as follows: " (2) The following creditors or interveners shall not be obliged, if they have a useful rank of preference, to submit the guarantee provided in par. ((1), except to cover, where applicable, the difference between the value of the guarantee and its own claim. " 42. In Article 779, paragraph 1 is amended and shall read as follows: "" Art. 779. -(1) The seized goods which could not be recovered under the terms of this section shall remain preserved for no more than one year from the date of application of the seizure. During this term, the bailiff may proceed again to the use of these goods; in this case, the starting price of the auction will be fixed, by conclusion, by the bailiff and will be equal to the starting price from If even after the expiry of this term the goods cannot be capitalized, and the creditor refuses to take them into account of the claim, they shall be returned ex officio to his debtor or a representative. " 43. In Article 782, paragraph 1 is amended and shall read as follows: "" Art. 782. -(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. 780 780 para. (1), together with the conclusion of enforceability. 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 they will be attached, in certified copy, the conclusion of enforceability and the enforceable title, if they The following were not previously communicated to him 44. In Article 805, paragraph 6 is amended and shall read as follows: " (6) The seizure manager who did not ask for the surrender of the goods within 10 days of the appointment of the appointment will be deemed not to accept this assignment. It and the one who expressly refuses the commission will be replaced immediately by another person by conclusion given by the bailiff, without citing the parties. The provisions of this paragraph shall not apply where the administrator-sequester has been appointed the debtor or, as the case may be, the third party. ' 45. Article 818 is amended and shall read as follows: "" Art. 818 Competence (1) The real estate foreclosure shall be within the jurisdiction of the bailiff in the district of the appellate court, where the property belonging to the debtor or a third person is located, if a mortgaged property is located in its hands. (2) If several buildings located in the district of the same court of appeal are pursued, the competence belongs to any of the bailiffs operating in this constituency, at the choice of the creditor. " 46. Article 819 is amended and shall read as follows: "" Art. 819 Notification of the debtor and the acquiring third party The bailiff will communicate the conclusion of the consent of the forced execution provided by art. 665 both the debtor and the acquiring third party, accompanied, in both cases, by the enforceable title in certified copy and by the summons, being considered that within 15 days of its receipt to pay the entire debt, including interest and enforcement costs. '; 47. Article 820 is amended and shall read as follows: "" Art. 820 Notification of other persons If only the share belonging to the debtor in the property located in the common property on quotas-parties, children on the conclusion of the declaration of enforceability will be communicated to the co-owners, with the invitation to exercise their right recognized according to art 822 822 ". 48. in Article 821, after paragraph 5, a new paragraph (6) is inserted, with the following contents: " (6) If the application for enforcement and the documents annexed to it do not include particulars regarding the property pursued, the bailiff shall request the execution of the advertising formalities provided for by this article as soon as the building will be identified with the data necessary to carry out the advertising formalities. " 49. Article 830 is amended and shall read as follows: "" Art. 830 Administration of the following property (1) On the date of communication of the conclusion of the declaration of enforceability, the debtor or, as the case may be, the acquiring third party shall be deprived of the right to carry out acts of administration on the following property. (2) The executor of the court, when he considers it necessary, will appoint, by conclusion, an administrator-seizure to ensure the administration of the property, the collection of income, the necessary expenses and the defense in the disputes regarding to this good. (3) When the debtor himself or the acquiring third is the administrative-seizure of the following property, the bailiff will hand over the property with this title. In the event of refusal, the minutes drawn up by the bailiff will take place of delivery-receipt and will be communicated according to the provisions on the procedure for the communication of citations and other procedural documents. " 50. In Article 838, paragraph 4 is amended and shall read as follows: " (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 be published, under penalty of nullity, and in the Electronic Advertising Register of the sale of goods subject to forced execution and also can be published in newspapers, magazines and other publications. existing which are intended for the sale of buildings of the nature of the one auctioned, including on other websites opened for the same purpose. ' 51. Article 843 is amended and shall read as follows: "" Art. 843 Participation guarantee and purchase offer (1) Persons who want to buy the property at auction are obliged to submit to the unit provided by law, at the disposal of the bailiff, a guarantee representing 10% of the starting price of the auction for the respective term. the consignor will be attached to the purchase offer that will include the offered price and the payment conditions. The deadline for the submission of the purchase offer accompanied by the proof of the record shall be the day before the auction, except for the purchase offers at least equal to the starting price of the auction, which may also be submitted on the day of the auction. (2) Provisions art. 767 767 para. ((2) are applicable accordingly. (3) They are also dispensed by the guarantee provided in par. (1) persons who, together with the debtor, have on the property pursued a common property right on quotas-parties or are the holders of a right of pre-emption, as the case may be. (4) In the cases provided in par. ((2) and (3), if the value of the mortgage or privileged claim or the value of the part-parts of the owner does not cover the amount of the guarantee provided in ((1), the difference will be completed. " 52. In Article 844, paragraph 1 is amended and shall read as follows: "" Art. 844. -(1) The bailiff shall defer the sale, ex officio or at the request of the interested party, if it is found that the deadlines for notifying the debtor or the third party of the acquirer or, as the case may be, those of making advertising sale. For the new term, which cannot be longer than 20 days from the date fixed for the first sale, the violated advertising formalities will be restored, according to art. 838 838. In the latter case, under penalty of nullity of the auction, it is sufficient that the sales publications provided by art. 838 838 para. ((4) be carried out in the electronic advertising register of the sale of goods subject to forced execution. " 53. In Article 845, paragraph 8 is 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. 838, except for the publication of the notice in a national or local circulation newspaper. 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, all these mentions on the way of determining the price of adjudication of the property at the second term will be inserted under the sanction of nullity. " 54. After Article 847 a new article is inserted, Article 847 ^ 1, with the following contents: "" Art. 847 847 ^ 1 Appeal against the minutes of tender (1) The minutes of auction recording the adjudication will be noted in the land register, at the request immediately of the executor, at the expense of the adjudicator. (2) Within one month from the date of enrolment of the adjudication in the land book, the debtor or the acquiring third party, the following creditors and any other person concerned according to the entries in the land book will be able to attack the auction minutes on the way of appeal to execution. (3) The appeal is noted in the land book at the request of the objector, and in absentia, at the request of the enforcement court. (4) 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 (5) If the court admits the appeal, the bailiff will continue the pursuit from the disbanded act and will request ex officio that the notation provided in par. ((1) be radiated. (6) The amounts recorded and unreleased or, as the case may be, undistributed shall be returned immediately to the adjudicatory. " 55. In Article 852, letter j) is amended and shall read as follows: "j) the indication that, for the creditor or debtor, as the case may be, the act of adjudication constitutes an enforceable title against the adjudicator who does not pay the price difference, if the sale was made with the payment of the price in installments;" 56. Article 852 (l) shall be repealed. 57. Article 853 is amended and shall read as follows: "" Art. 853 Surrender of the adjudication act A copy of the act of adjudication will be handed over to the adjudicator to serve as title of property, and if the property was sold with the payment of the price in installments, a copy shall be handed over to the following creditor and, as the case may be, to the debtor, to serve them as enforceable title against the adjudicatory, if it does not pay the price difference. " 58. Article 854 is repealed. 59. Article 855 is amended and shall read as follows: "" Art. 855 Intabulation of ownership and possession of the adjudicatory (1) With the surrender to the adjudicator of a copy of the act of adjudication, the bailiff shall immediately, ex officio, request the intabulation in the land register of the property right of the adjudicator, at its expense, even in the case in which the adjudicator is the very third party that already had the right to enter the land register. If the right acquired by the adjudicator was provisionally entered, only provisional registration will be ordered. (2) At the request of the adjudicator, it shall be taken into possession of the property awarded by the bailiff, the act of adjudication constituting an enforceable title against all persons shown in art. 852 lit. i). Art. 663 and the following are applicable, without however being necessary and investing with the enforceable formula of the act of adjudication. (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. " 60. In Article 856, paragraph 4 is amended and shall read as follows: " (4) The mortgages and other real tasks, as well as the actual rights intabulated after the notation of the prosecution in the land register shall be automatically deregistered, except those for which the adjudicator would agree to be maintained; they shall also be removed from ex officio the real rights intabulate after the registration of any mortgage, if the sale was made under the conditions provided in art. 845 845 para. (7), all notaries made with the forced pursuit, except for noting the appeal against the minutes of the auction, if it has not been resolved by the final decision, the prohibition of estrangement or encumbrance, if any, with except for the one referred to in 855 855 para. ((3), as well as the promise to conclude a future contract, if until the date of adjudication the beneficiary of the promise has not entered into the land register the right acquired under the contract that was subject to it. " 61. In Article 856, paragraph (5) shall be amended and shall read as follows: "(5) If the property has been awarded with payment of the price in installments, the adjudicator will not be able to instruct or strike him, without the consent of the following creditors and the debtor, if any, before the full payment of the price." 62. In Article 862, paragraph 1 is amended and shall read as follows: "" Art. 862. -(1) During the entire course of the forced pursuit and until the adjudication of the immovable property, the debtor or any other interested person may obtain the abolition of the precautionary or enforcement measures, recording at the disposal of the creditor the following value of the claim, with all the accessories and expenses of execution. " 63. In Article 868, paragraph 2 is amended and shall read as follows: "(2) For this purpose, after submitting or recording the amount resulting from the sale, the executor shall urgently fix a period of 10 days for the submission of the debt securities." 64. Article 888 is amended and shall read as follows: "" Art. 888 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 executing court will be able to order that the execution forced to be done immediately and without notice. The court is considering the request, urgently, in the council chamber, without citing the parties. The conclusion shall not be subject to any appeal. " 65. In Article 891, the marginal name and paragraph 1 shall be amended and shall read as follows: "" Art. 891 Obliging the debtor to compensation (1) If in the enforceable title it has not been determined what amount to be paid as equivalent of the value of the good in the case of the impossibility of handing it over or, as the case may be, the equivalent of the compensation due in case of non-execution of the obligation the personal fact of the debtor, the court of execution, at the request of the creditor, will determine this amount by decision given with the citation of the parties, in short term 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. " 66. in Article 905, after paragraph 6, a new paragraph (7) is inserted, with the following contents: " (7) The granting of penalties under the conditions of par. (1)-(4) does not exclude the obligation of the debtor to pay compensation, at the request of the creditor, under the conditions of art. 891 891 or of common law. " 67. In Article 954, paragraph 1 shall be amended and shall read as follows: "" Art. 954. -(1) The measure of the seizure of the insurer shall be carried out by the bailiff, according to the rules of this Code regarding the enforcement, which shall apply accordingly, without asking for any authorization or other formality, except for its registration. " 68. In Article 999, after paragraph 3, a new paragraph (3 ^ 1) is inserted, with the following contents: "" (3 ^ 1) In all cases where the jurisdiction of first instance belongs to the court of appeal, the appeal shall be the appeal, the provisions of paragraph ((1)-(3) by applying accordingly. " 69. Article 1.017 is amended and shall read as follows: "" Art. 1.017 Interest determination (1) If the parties have not set the level of interest for late payment, the penalty legal interest will be applied, calculated according to the legal provisions in force. The reference rate of legal interest in force on the first calendar day of the semester shall apply for the entire semester. ((2) The creditor may claim additional damages for all expenses incurred for the recovery of the amounts as a result of the non-execution of obligations by the debtor on time. " + Article II After Article 20 of Law no. 188/2000 on bailiffs, republished in the Official Gazette of Romania, Part I, no. 738 of 20 October 2011, with subsequent amendments and completions, a new article is inserted, Article 20 ^ 1, with the following contents: "" Art. 20 20 ^ 1. --(1) The internship represents the period prior to the acquisition of the quality of bailiff and is aimed at the professional training of the bailiff at the beginning of the exercise of the profession. (2) The duration of the internship is 2 years, calculated from the date of conclusion of the individual employment contract with a bailiff. (3) The director college of each Chamber of bailiffs may approve, upon request, the reduction of the internship period to one year for the trainee executors who stand out in the professional activity on the basis of the results obtained at the conferences The internship and the referrer of the court executor. (4) The College of Directors of each Chamber of bailiffs may approve, on the basis of a reasoned request, the reduction of the internship period for the trainee executors who entered the profession under Law no. 287/2011 on certain measures relating to the organisation of the enforcement activity of claims belonging to credit institutions and non-bank financial institutions and which, for reasons not attributable to them, could not carry out their period of internship in the application of art. 22 22 para. ((1) of the law. " + Article III Article 23 of the Law no. 303/2004 on the status of judges and prosecutors, republished in the Official Gazette of Romania, Part I, no. 826 of September 13, 2005, with subsequent amendments and completions, letters a) and d) of paragraph (1) shall be amended and shall read as follows: " a) the shares of the owners, the applications for maintenance pensions, the requests for records and rectifications in the civil status registers, the requests for attachment, the investment with the enforceable formula and the taking of precautionary measures; ......................................................................... d) payment order; " + Article IV 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 as follows: 1. Article 24 is amended and shall read as follows: "" Art. 24 Enforcement obligation (1) If following the admission of the action the public authority is obliged to conclude, replace or amend the administrative act, to issue another document or to carry out certain administrative operations, the execution of the final decision shall be made willingly within the period provided for therein, and in the absence of such a term, no later than 30 days after the date of final stay of the judgment. (2) If the debtor does not willingly execute his obligation, it shall be carried out by forced execution, covering the procedure provided for by this law. (3) At the request of the creditor, within the limitation period of the right to obtain the forced execution, which flows from the expiry of the deadlines provided in par. (1) and which have not been complied with, the court of execution, by final conclusion given with the citation of the parties, applies to the ruler of the public authority or, as the case may be, to the person obliged a fine of 20% of the gross minimum wage per delay, which is made income to the state budget, and the applicant grants him penalties, under the conditions of art. 905 of the Code of Civil Procedure. (4) If within 3 months from the date of communication of the conclusion of the application of the fine and the granting of penalties 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 will be due to the state and the amount that will be due to him as penalties, by decision given with the citation of the parties. At the same time, the court will determine, under the conditions of art. 891 of the Code of Civil Procedure, the compensation that the debtor owes to the creditor for the non-execution in kind of the obligation. (5) In the absence of the creditor's request, after the deadline provided in par. (4), the civil enforcement department of the executing court will ask the public authority for relations relating to the execution of the obligation contained in the enforceable title and, if the obligation has not been fully executed, the executing court will fix the final amount that will be due to the state by decision given with the citation of the 2. Article 25 is amended and shall read as follows: "" Art. 25 Court of Enforcement (1) The enforcement court, which in the matter of administrative litigation is, according to art. 2 2 para. ((1) lit. t), the court that settled the fund of the administrative litigation, applies, respectively, grants the sanction and penalties provided for in art. 24 24 para. (3), without the need to invest with the enforceable formula and the consent of the execution forced by the bailiff. (2) Applications provided for in art. 24 24 para. ((3) and (4) shall be judged in the council chamber, as a matter of urgency and shall be exempt from the stamp duty. (3) The judgment given in art. 24 24 para. (4) is subject only to the call within 5 days of communication. If the judgment was delivered by the court of appeal she will be subject to the appeal, at the same time. (4) The provisions of par. ((1)-(3) shall apply, accordingly, and for the implementation of the administrative decisions given for the settlement of disputes that have had as their object administrative contracts. " + Article V Law no. 287/2009 on the Civil Code, republished in the Official Gazette of Romania, Part I, no. 505 of 15 July 2011, as amended, shall be amended as follows: 1. Article 1.112 is amended and shall read as follows: "" Art. 1.112 Presumption of waiver (1) It is presumed, until proven otherwise, that he has waived the inheritance which, although he knew the opening of his inheritance and his quality of succession, did not exercise his right of succession, by accepting his inheritance or giving up express to the inheritance, within the one-year period provided for in art. 1.103. (2) The foregoing of the waiver operates, after the one-year period from the opening of the inheritance, if the successor, as quoted under the law, does not prove the exercise of the right to succeed. The citation must include, under the sanction of its nullity, in addition to the elements provided by the Code of Civil Procedure, and the stipulation that, if the successor has not exercised the right to accept the inheritance within the period of revocation provided for in art. 1.103, is presumed to renounce the inheritance. " 2. In Article 2.445, paragraph 1 is amended and shall read as follows: "" Art. 2.445. -(1) The sale of mortgaged movable property can only be made under the mortgage contract invested with the enforceable formula. The request for investment interrupts the prescription of the right to obtain enforcement. " 3. In Article 2.504, paragraph 1 shall be amended and shall read as follows: "" Art. 2.504. -(1) The claim of the right to action on the main claim does not attract and extinguish the right to mortgage action. In the latter case, subject to the prescription of the right to obtain forced execution, the mortgage creditor will always be able to pursue, under the law, movable or immovable property, but only within the limit of the value of these goods. " + Article VI Paragraphs 1 and 2 of Article 181 ^ 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, shall be amended and shall read as follows: "" Art. 181 181 ^ 1. -(1) Investing with the enforceable formula of the mortgage contract in order to execute the securities by selling the mortgage property provided in art. 2.445 of the Civil Code is the jurisdiction of the judge in whose constituency he has his domicile or, as the case may be, his creditor is established. (2) The opposition to execution provided for in art. 2.452 of the Civil Code is the jurisdiction of the judge who invested the mortgage contract with the enforceable formula. " + Article VII Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 365 of 30 May 2012, as amended, shall be amended and supplemented as follows: 1. After Article 12, three new articles are inserted, Articles 12 ^ 1-12 ^ 3, with the following contents: "" Art. 12 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 ^ 2. -Welcoming is not mandatory in procedural incidents, if by law it is not provided otherwise. 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". " 2. Article 74 is amended and shall read as follows: "" Art. 74. -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 VIII Paragraph 3 of Article XVII of the Law no. 2/2013 on certain measures for the relief of the courts and for the preparation of the implementation of the Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 89 of 12 February 2013, as amended, shall be amended and shall read as follows: " (3) Provisions art. XIV para. ((2)-(4) and art. XV para. ((2)-(5) shall apply accordingly, with the exception of the appeal which falls within the jurisdiction of the High Court of Cassation and Justice. The term provided in art. XV para. ((3) shall be doubled in the case of appeal. The meeting must be drafted and signed by the lawyer or legal adviser of the intimate, and the response to the meeting by the lawyer or legal adviser of the appellant. " + Article IX Government Emergency Ordinance no. 80/2013 on stamp court fees, published in the Official Gazette of Romania, Part I, no. 392 of 29 June 2013, shall be amended and supplemented as follows: 1. in Article 10, letter a) of paragraph (1) shall be amended and shall read as follows: "a) applications for the investment with the enforceable formula of securities, other than court decisions, for each title-20 lei;" 2. in Article 26, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) The action for annulment of the arbitration award shall be charged with 100 lei for each reason invoked. The appeal against the judgment given in the action for annulment shall be timed according to art. 24 24, which shall apply accordingly. ' + Article X Law no. 17/2014 on certain measures to regulate the sale of agricultural land located in extravilan and amending Law no. 268/2001 on the privatization of companies holding in administration land public and private property of the state with agricultural destination and the establishment of the State Domains Agency, published in the Official Gazette of Romania, Part I, no. 178 of 12 March 2014, as amended, shall be amended and supplemented as follows: 1. In Article 20, paragraph 2 shall be amended and shall read as follows: "(2) The provisions of this law do not apply to estrangements between co-owners, spouses, relatives and afini up to the third degree, inclusive." 2. in Article 20, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) The provisions of this Law do not apply in the framework of enforcement proceedings and sales contracts concluded as a result of the fulfilment of public auction formalities, as is the case with those made in the prevention procedure of insolvency and insolvency or as a result of the belonging of the property to the private domain of local or county interest of administrative-territorial units. " + Article XI Arbitral decisions or other bodies with jurisdictional powers, with the exception of judicial decisions, as well as other pronounced documents or, as the case may be, drawn up before the entry into force of this law, may be enforced only if they were invested with the enforceable formula provided for by the Code of Civil Procedure. + Article XII (1) Whenever a normative act provides for the approval by the court of execution of the forced execution of the judicial decisions, they will be executed after the consent of the application for enforcement by the executor. court competent according to law. (2) Whenever a normative act provides for the consent of the court of execution of forced execution of enforceable securities, other than court decisions, they will be executed after their investment with the formula. enforceable by the executing court and after the consent of the application for enforcement by the competent bailiff according to the law. " + Article XIII The provisions regarding the consent of the forced execution of judgments, including arbitral, foreign shall remain applicable. + Article XIV Law no. 134/2010 on the Code of Civil Procedure, republished in the Official Gazette of Romania, Part I, no. 545 of August 3, 2012, with subsequent amendments and completions, as well as with those brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. p. CHAMBER OF DEPUTIES PRESIDENT, VIOREL HREBENCIUC SENATE PRESIDENT CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, October 15, 2014. No. 138. __________