(6) Summonses and other procedural documents may be served by the court clerk and by fax, e-mail/other means that enable the transmission of the document’s content and an acknowledgement of receipt, where the party concerned has given the court his/her contact details for this purpose. For acknowledgment purposes, when it sends a procedural document the court also sends a form containing the following: the name of the court, the date, the name of the clerk concerned and the documents sent; this form is to be filled out by the addressee with the date of receipt, the name written clearly, and the signature of the person responsible for receiving correspondence. The form is returned to the court by fax, e-mail, or other means.
The reply shall include: the name and surname, personal identification number, domicile or residence of the defendant or, for legal persons, the name and registered office and, where appropriate, the registration code or the tax identification number, the entry number in the trade register or register of legal persons, and the bank account if the defendant has not already mentioned it in the statement of claim. The provisions of Article 148(1)(II) apply accordingly. If the defendant is living abroad, the reply will also give an address in Romania where all communications concerning the case will be sent.
The statement of claim shall include:
a) the name and surname, domicile or residence of the parties or, for legal persons, the registered office. It shall also include the personal identification number or, where appropriate, the registration code or the tax identification number, the entry number in the trade register or register of legal persons, and the bank account of the claimant and the defendant, if the parties have or have been assigned these identification elements in accordance with the law, to the extent that these are known to the claimant. The provisions of Article 148(1)(II) shall apply. If the claimant is living abroad, the reply will also indicate an address in Romania where all communications concerning the case will be sent.
(1) Any request addressed to the courts must be made in writing and must include the name of the court to which it is addressed, the name and surname, the domicile or residence of the parties or, where applicable, the name and place of their business, the name and surname, domicile or residence of their representatives, where appropriate, the object, the value of the claim, where applicable, the grounds for the claim and the signature. The request must, where applicable, also include an email address or contract details designated for the purpose by the parties, and a telephone number, fax number and similar.
(2) Applications made in person or by proxy may be written in an electronic format, if it complies with the conditions laid down by law.
(3) The provisions of paragraph (2) also apply accordingly in cases where this Code requires that the submissions, arguments or conclusions of the parties or any other procedural documents submitted to court be in writing.
After a case has been brought before court, applications, replies or other documents may be sent directly to the court by a lawyer or legal adviser if the parties have one. In this case, the recipient of the request will certify receipt of the copy lodged at the court or, where appropriate, by any other means which ensures that this procedure is completed.
(1) A statement of claim lodged in person or by a proxy, by post, courier, fax or scanned and sent by email or as an electronic document is registered and stamped with the date of receipt.
(4) If the statement has been communicated, in accordance with the law, by fax or e-mail, the clerk is automatically required to make copies of the statement, at the expense of the party obliged to do so. The provisions of Article 154 paragraph (6) shall continue to apply.
(1) With regard to enforcement, the applications listed below are subject to the following duties:
b) application for suspension of enforcement, including provisional enforceability - RON 50.
(2) If the enforcement is contested, the duty is calculated on the value of the goods involved in the contested enforcement, or on the amount of the debt in question, when the debt is lower than the value of the goods. This duty may not exceed RON 1 000, irrespective of the amount in dispute. If the subject of the enforcement cannot be valued in money, the objection to the enforcement proceedings will be subject to duty of RON 100.
(3) If the objection to enforcement proceedings also refers, under the conditions laid down in Article 712(2) of the Code of Civil Procedure, to reasons of fact or of law relating to the substance of the law, stamp duty is determined according to Article 3(1).
Judicial stamp duties shall be paid in advance, except where provided for by law.
If the person liable to pay the judicial stamp duty has no domicile or residence or, where applicable, registered office in Romania, the stamp duty shall be paid into the local budget account of the administrative unit in which the court introducing the action or application is based, in cash, by bank transfer or on-line system; this account shall be a separate account of the local budget revenue for ‘judicial and other stamp duties’ at the administrative territorial unit where the natural person has his domicile or residence or, where applicable, where the legal person has its registered office.
- an appeal for annulment of the final judgment (contestație în anulare) can be made if the applicant was not duly summoned and was not present at the proceedings; the appeal for annulment is lodged with the court whose judgment is being contested (Articles 503(1) and 505(1) CCP);
- revision (revizuire) of a judgment on the substance (or not) may be required if the party was prevented from appearing in court and notifying the court thereof, due to circumstances beyond his control; the application for revision must be sent to the court that issued the decision the revision of which is requested (Article 509(1)(9) and (2) and Article 510(1) CCP);
- a party who misses a deadline is only given a new deadline if he can give duly justified reasons for the delay; to that end, the party complies with the procedural document no later than 15 days from the end of the event preventing performance and requests a new deadline at the same time; in the case of appeals, this deadline is identical to that foreseen for appeals procedures; the request for a new deadline shall be dealt with by the court competent to hear an application relating to the right exercised within the deadline (Article 186 CCP).
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