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Succession - Romania


FINDING COMPETENT COURTS/AUTHORITIES

The search tool below will help you to identify court(s)/authority(ies) competent for a specific European legal instrument. Please note that although every effort has been made to ascertain the accuracy of the results, there may be some exceptional cases concerning the determination of competence that are not necessarily covered.

Romania

Family law – succession matters


Article 78 (a) - the names and contact details of the courts or authorities with competence to deal with applications for a declaration of enforceability in accordance with Article 45(1) and with appeals against decisions on such applications in accordance with Article 50(2)

Article 78 (b) - the procedures to contest the decision given on appeal referred to in Article 51

Article 78 (c) - the relevant information regarding the authorities competent to issue the Certificate pursuant to Article 64

Article 78 (d) - the redress procedures referred to in Article 72

Article 79 - Establishment and subsequent amendment of the list containing the information referred to in Article 3(2)

Article 78 (a) - the names and contact details of the courts or authorities with competence to deal with applications for a declaration of enforceability in accordance with Article 45(1) and with appeals against decisions on such applications in accordance with Article 50(2)

In Romania, applications for recognition and declaration of enforceability (exequatur) fall within the jurisdiction of the courts (Articles 95(1) and 1098 of the Code of Civil Procedure). Appeals against decisions regarding recognition and declaration of enforceability (exequatur) fall within the jurisdiction of the courts of appeal (curţi de apel) (Article 96(2) of Law No 134/2010 on the Code of Civil Procedure).

Article 78 (b) - the procedures to contest the decision given on appeal referred to in Article 51

Second appeal to the High Court of Cassation and Justice (Înalta Curte de Casaţie şi Justiţie) (Article 97(1) of the Code of Civil Procedure)

The High Court's address is: Strada Batiștei No 25, Sector 2, Bucharest (postal code: 020934).

Article 78 (c) - the relevant information regarding the authorities competent to issue the Certificate pursuant to Article 64

Notary Public (Notarul public).

The names and contact details of the notaries' offices can be found on the website of the Romanian National Union of Notaries Public (Uniúne Naționale a Notarilor Publici din România): http://www.uniuneanotarilor.ro/?p=2.2.3&lang=ro.

Article 78 (d) - the redress procedures referred to in Article 72

According to a draft law, the European Certificate of Succession (certificatul european de moștenitor) is issued, on request, by the Notary Public who issued the certificate of succession according to Romanian law. An appeal may be lodged against the issuing of the Certificate and against refusal to issue it. The dispute is settled by the district court (judecătorie) in whose jurisdiction the notary who issued the original certificate according to Romanian law is based. The decision is subject to one single appeal. During the appeal the court may order the suspension of the effects of the European Certificate of Succession.

Rectification, modification or withdrawal of the European Certificate of Succession are the responsibility of the notary who issued it. In case of such rectification, modification or withdrawal, the Notary Public must inform all persons to whom copies of the Certificate were issued. An appeal may be lodged against the rectification, modification or withdrawal of the European Certificate of Succession. The dispute is settled by the district court in whose jurisdiction the notary who issued the rectified, modified or withdrawn certificate is based. The decision is subject to one single appeal.

Article 79 - Establishment and subsequent amendment of the list containing the information referred to in Article 3(2)

Not applicable.


The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 15/02/2017