The Official Gazette of Romania, First part, no. 255 of April the 17th was published Law no. 60/2012 regarding the approval of the Governmental Emergency Decree no. 79/2011 for the regulatory measures necessary for the Law no. 278/2009 regarding the entrance into effect of the civil Code.
The entrance into effect, at October the 1st 2011, of the new Civil Code represented and still represents a source of concern to the law maker. The new outlook and technical solutions of the new civil Code still need adjustments, adaptations and correlations with the previous legislation; and for certain the transition process is not finished yet.
The law changed a series of normative acts, including the ones directly involved in the enforcement of the new Civil Code, namely Law no. 71/2011 for the enforcement of Law no. 287/2009 regarding the civil Code and the Governmental Emergency Decree no. 79/2011 for the regulatory measures necessary for the Law no. 278/2009 regarding the entrance into effect of the civil Code.
We mention a few important modifications:
- It is precisely mentioned that in the legislation regarding the protection of consumers’ rights, the term “comerciant” (merchant) is substituted with “profesionist” (professional).
- The dispositions regarding compensatory damages in the case of a divorce are applicable only in the matter where the reasons for the divorce have emerged after the entrance in effect of the Civil Code.
- It is expressly mentioned that the category of conventions from which an obligation to transfer a property in the future by a determined or determinable person occurs, in which the clause for inalienability is implied, also implicates the precontracts having as object the future transfer, through the signing of contracts, of the ownership rights over a mobile or immobile asset, if the law does not mention differently.
- The rights over the resting places from cemeteries are transmitted, regardless of their judicial nature, through successions and gratuitously judicial acts amongst the living. These rights can be constituted on the grounds of the regulations current on October the 1st 2011, and after the entrance into effect of the civil Code.
- The dispositions of the new Civil Code regarding the deferral of the debtor are applicable in the case of obligations emerged after the date of its entrance in effect. The solution is entirely different from the previous one, which offered applicability to these dispositions and in the case of obligations due to expire after the entrance in effect of the new Civil Code, regardless of the date of bearing of the obligation.
- The legal dispositions that oblige creditors who’s claims occurred regarding an authorized profession authorized by law to pursue only assets that are the object of the division of patrimony affectedly to the exercise of the profession in cause are to be applied only in regard to the rights and obligations occurred after the entrance into effect of the new civil Code.
- In the cases that justify the writing-off of the mortgage in the land official documents, the new law mentions also the written statement of the creditor. The statement can be under the form of an authentic notary document.
- Until the entrance into effect of the law regarding judicial structure, which will determine the organization, operation and attributions of the guardianship and family court, the attributions of the guardianship court relating to the use of guardianship with regard to the assets of the minor or, on a case by case basis, with regard to the supervision of the way the guardian administrates the minor’s assets are under the guardianship court authority.
- The deadline in which a new extract from the land official documents can be emitted was shortened from 5 working days to only 3 working days from the expiration of the validity date of the previous emitted extract.
- The ceasing of the communal destination of use for the communal areas of buildings with more than one apartment or floor cannot be decided with only a two thirds majority of the co-proprietors, but only with the consensus of all the co-proprietors.