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Last update: 04-12-2007
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Simplified and accelerated procedures - Romania

 

Small claims procedures

1. Existence of a specific small claims procedure. Is there a small claims procedure in Romania (i.e. a specific procedure, simpler than the regular procedure, which applies to amounts below a certain financial threshold or, for certain types of claim, regardless of the financial threshold)?

No special legislation similar to that at EU level has as yet been adopted for small claims; drafting is still taking place.

In the absence of such legislation there are special provisions in the Code of Civil Procedure, namely Article 282(1), which provides for a faster and obviously simplified procedure for property claims of up to ROL 1 000 million (RON 100 000), equivalent to some €30 000; the text specifies that judgments at first instance cannot be subject to appeal where they concern main actions regarding alimony, claims of not more than ROL 1 000 million, whether in civil or commercial matters, possessory actions, actions related to entries in the registries of births, marriages and deaths, conservatory measures, and other cases specified by law.

In such cases, simplification stems from removal of the possibility of cross appeal as this reduces the overall duration of the claims procedure.

1.1. Scope of procedure, threshold

Is there a financial threshold for applying the small claims procedure and/or is the procedure available for certain types of claim, regardless of the financial threshold?

See the answer to Question 1.

1.2. Application of procedure

Is the procedure mandatory or optional?

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May the court or the parties transfer a case involving a small claim from the small claims procedure to the normal procedure? If so, under what circumstances?

This is not the case.

1.3. Forms

Are there specific forms for use in the small claims procedure? If so, for which stages of the procedure? Is their use mandatory?

No.

1.4. Assistance

Is assistance available in procedural matters (e.g. from the registrar or the judge) for the parties involved who are not represented by a lawyer? If so, to what extent?

Within the limits of the role exercised by the judge and not specially for such cases.

1.5. Rules concerning the taking of evidence

Are there certain rules concerning the taking of evidence that are less strict than those under the normal procedure? If so, what are they and to what extent do they differ?

No, there are no such rules.

1.6. Written procedure

Is an exclusively written procedure (instead of hearings) possible? If so, under what circumstances?

Evidence is submitted according to the rules of ordinary law.

1.7. Content of judgment

Are the rules regarding the content of the judgment simpler than those under the normal procedure? If so, to what extent?

No, they are not.

1.8. Reimbursement of costs

Are there any restrictions on the reimbursement of costs? If so, what are they?

No, there are no restrictions.

1.9. Possibility to appeal

Can judgments in cases involving small claims be appealed against? If so, how?

Yes, by devolutive appeal, removing the possibility of cross-appeal.

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Last update: 04-12-2007

 
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