Procedures
A 2013 code with a written admissibility filter
The Code of Civil Procedure of 2013 introduced a regularisation stage in which the court checks the claim on paper and may dismiss it without a hearing if defects are not cured. Judecătorii hear smaller claims and tribunals act as general first instance courts.
Key rules
- A claim may be struck out if formal defects are not remedied within ten days of notice.
- Judecătorii hear claims up to RON 200,000 and specified subject matters.
- Appeal lies within 30 days of communication of the judgment.
- The general limitation period is three years from when the right became enforceable.
Governing law
- Code of Civil Procedure (2010)Law 134/2010, in force 2013.
- Civil Code (2009)Book Six on limitation.
- Emergency Ordinance No. 80/2013 on judicial stamp duty (2013)
In practice
Stamp duty is payable up front on a sliding scale of the claim value, and the regularisation stage means an unpaid or under-paid fee is a common cause of outright dismissal.