In the Official Gazette of Romania, part. I, no. 388 of 28th June 2013, was published Law no. 214/2013 regarding the approval of the Emergency Ordinance no. 4/2013 regarding the amendments to Law no. 76/2012 for bringing into force Law no. 134/2010 regarding the Code of Civil Procedure, as well as for amending and supplementing some additional normative acts.
The purpose of this law is bringing into force Emergency Ordinance no. 4/3013, for amending Law no. 76/2012 for bringing into force Law no. 134/2010 regarding the Code of Civil Procedure, as well as for amending and supplementing some additional normative acts.
The main amendments:
1. Amendments are brought regarding the unfair contract terms form Law no. 193/2000 regarding unfair contract terms settled between professionals and consumers, meaning that associations for consumers’ protection will be able to attack in court the unfair contract terms from contracts settled between professionals and consumers, including bank account contracts, starting 1 October 2013. The initial starting date was 1st of July 2013.
2. It completes Law no. 71/2012 for bringing into force the Civil Code regarding the competence of the custody and guardianship court. Therefore, it states that until the law regarding the organization and working of the custody and guardianship court comes into force, the attributions of the custody and guardianship court regarding the use of guardianship with regard to the assets of the minor or the legally declared incompetent, or from case to case, with regard to the supervision of the way the guardian administrates the minor’s assets are under the guardianship court authority. In the initial reglementation it did not specify that this applies to the legally declared incompetent.
3. In the body of the Law no. 192/2006 regarding mediation and the organization of the profession as a mediator, there are amendments which stipulate that the procedure of informing over the advantages of mediation can be realized by the judge, the prosecutor, the legal adviser, the lawyer, legal notary, case in which it has to be stated in writing.
The participation to the procedure of informing over the advantages of mediation is free, therefore there can not be perceived retainers, taxes or any other sums of money.
The act of the public notary, in which he legalizes the agreement form the mediations, has executor title.
4. It states that the additional employees from instances and the prosecutor’s office, whose pensions have been revised according to Emergency Ordinance 50/2011 for setting some measures in the field of pensions, the sums perceived on the grounds of a ruling giving pensions according to Emergency Ordinance no. 50/2011, annulled in the means of appeal, can not be refund.
The sums recuperated before the new law came into effect, can not be refund as well.
5. Judges, prosecutors, the employees associated with them, assistants, the additional employees form instances and prosecutors’ offices, who have not been given staff accommodation by the main credit release authority, have the right, to get compensation for the difference calculated between the rent for a staff accommodation and the rent paid in the basis of a contract settled according to the law. This sum is not associated with a salary, therefore contribution can not be perceived.
As an exception determined by the fact that the village in which the person works does not have an locative found, the contract can have as object a building situated in the circumscription of another Court of Appeal.
6. There are amendments brought to the Law of cadastral registry and imobiliar publicity no. 7/1996. Therefore, public notaries can perceive prices for the demands having as object services performed by ANCPI, in the name and on the account of ANCPI, not only by receipts, bills, fiscal receipts, but also by money orders, as a result of bank transfers to the account of the public notary, through electronic means or any other means stated by law.
It is also a new stipulation introduced which states that the deeds of consolidation or the partitions of the lands registered in the cadastral register must be executed in authentic form.
:: The source: JURIDICE.ro