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Navigating the Complex Landscape of Romanian Insurance Law

Welcome to our comprehensive presentation on insurance law in Romania, where we outline our specialized services in both Insurance Advisory and Insurance Litigation. Our firm is dedicated to providing expert guidance and robust legal representation to insurers, policyholders, businesses and individuals in the realm of insurance. We pride ourselves on our deep understanding of the legal landscape and our commitment to achieving the best outcomes for our clients. 

Advising Insurance Companies

Regulatory Compliance:

We assist with adherence to key legislative frameworks like Law 237/2015 for insurance regulation, Law 260/2008 as amended, and OUG 54/2016 which outlines the Financial Supervisory Authority's (ASF) roles. We ensure that insurance products meet legal standards and that companies comply with licensing, reporting, and solvency requirements.

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Product Development and Risk Management: 

Our team provides insights into crafting insurance products under Law 236/2018 concerning insurance contracts, focusing on clarity, consumer rights, and risk assessment strategies to minimize potential liabilities.

 

Market Entry and Expansion: 

We guide foreign insurers on setting up in Romania, navigating through OUG 98/2006 which deals with the free movement of services within the EU, ensuring compliance with local laws.

Insurance Litigation (Civil Courts)

Claim Disputes:

Representation in disputes over claim denials, delays, or discrepancies in claim settlements, leveraging Law 132/2017 for compulsory motor third-party liability insurance issues.

 

Contractual Disputes:

Litigating breaches of insurance contracts, non-payment of premiums, or incorrect application of policy terms, using the Civil Procedural Code for procedural guidance.

 

Class Actions:

Handling collective actions when numerous policyholders are affected similarly, with insights from Law 246/2015 on consumer protection.

Advising Individuals or Companies

Policy Interpretation:

We clarify complex insurance policy terms and conditions, ensuring clients understand their coverage under Law 236/2018.

 

Claims Management:

Assistance in filing claims, understanding timelines, and obligations under Law 237/2015, particularly under articles detailing claim procedures and insurer responsibilities.

 

Dispute Resolution Before Litigation:

We offer mediation and negotiation services to resolve disputes amicably, reducing the need for court involvement, guided by principles in the Civil Code.

Insurance Litigation (Penal Courts)

Car/Road Accidents Insurance Liability:

Criminal defense or civil prosecution in car accidents trials before criminal courts of justice in Romania, where the insurer is party to the penal trial. We represented Romania's biggest insurer in highly sensitive, high-profile road accidents cases with maximal coverage insurance claims defence for Romania's biggest insurer.

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Insurance Fraud:

Defense or prosecution in cases involving fraudulent claims, referencing Law 213/2015 on criminal procedure and Penal Code for relevant offenses like insurance fraud or forgery.

 

Corporate Liability:

Addressing legal issues where insurance companies could be held criminally liable, navigating through the Penal Code and Penal Procedural Code.

FAQs Insurance Law Practice Romania

You've got questions. Mararu & Mararu SCA has the answers. Check for your question in the FAQs below or by searching in the search field. If you cannot find what you are looking for or want more information, drop us a question and we'll be more than happy to help. 

  • What areas of law does your firm practice?
    Our firm offers a wide array of legal services to cater to both individuals and corporations. Our practice areas include but are not limited to: Corporate Law: Mergers and acquisitions, corporate governance, business formation, and compliance. Litigation: Civil, commercial, and criminal litigation, as well as insolvency and bankruptcy litigation, insurance litigation, IP litigation, tax and administrative-contentious litigation Insolvency, Bankruptcy and Reorganization: we assist creditors and debtors filing insolvency actions, with credit claim submissions, filing and fighting oppositions, legal actions for engaging the personal liability of company administrators and various other types of legal actions Insurance: Filing and defending insurance claims, including insurance litigation in civil and criminal courts Intellectual Property: Patents, trademarks, copyrights, industrial designs, geographical indications, and especially IP litigation. International Law: Cross-border transactions, international arbitration, and trade law. Real Estate: Property transactions, zoning, land use, and real estate litigation. Immigration: Visa services, naturalization, and deportation defense. Family Law: Divorce, child custody, adoption, and prenuptial agreements. Estate Planning: Wills, trusts, estate administration, and probate/will challenges. Employment Law: Labor disputes, employment contracts, wrongful termination. Tax Law: Tax planning, disputes, and representation before tax authorities. Privacy, Whistleblower and Media Law: Regulatory compliance, assistance, enforcing legal protections, litigation Energy, Mineral Resources and Environmental Law: Licensing, permitting, competition, regulatory and legal compliance, license guardianship, litigation Crypto-assets: we handle every legal aspect of a crypto/blockchain project lifecycle, since structuring and financing to every other potential regulatory implication. Debt Collection & Asset Recovery and Enforcement: Creditworthiness background verifications, analysis and recommendations, in-depth researches, electronically stored information (ESI) preservation requests including cross-border, credit documentation verification, validation and recommendations, advising upon the available legal action types and venues, ADR, legal representation, drafting and negotiating debt/debtor/creditor assignment and debt settlement agreements, debt collection litigation before civil, commercial and insolvency courts in Romania For more detailed information on specific practice areas, please visit our practice areas pages, give us a call or send us an inquiry and we'll be more than happy to answer your questions.
  • How do I choose the right lawyer for my case or the legal matter I am interested in?
    When choosing a lawyer, consider their experience in the specific area of law relevant to your case, their reputation, client reviews, and especially their communication style and how they treat you, as for you it's not important how well they've done in the past for other clients, but how dedicated they are going to be to YOU, and how hard they are going to work on YOUR matter. Our boutique firm offers a small, stable team of experienced senior attorneys who deal with their client's problems as if you are their only client.
  • Do you serve clients outside Romania?
    Yes, we have a robust international practice. We assist clients globally with legal matters involving Romanian law, cross-border transactions, international arbitration, and more. Our team includes lawyers with international legal experience and multilingual capabilities to serve a diverse clientele.
  • Do you have expertise in handling high-profile or complex cases?
    Yes, our firm has a track record of handling high-profile and complex cases across various jurisdictions. Our attorneys are well-versed in managing media attention, navigating regulatory environments, and employing sophisticated legal strategies to achieve favorable outcomes.
  • How do I start working with your firm?
    To engage our services: Contact Us: Use our online contact form, call our office, or visit in person. Initial Consultation: We offer an initial consultation to discuss your needs, either in-person, via phone, or through video conferencing. Case Assessment: We'll assess your legal needs and discuss representation, fees, and strategy. Engagement: If you decide to proceed, we'll draft an engagement letter or retainer agreement.
  • How can I get in touch with someone from your firm?
    You can contact us through: Phone: Our main office lines are available during business hours. WhatsApp Call: From the chat button, you can opt to call one of the attorneys directly. Email: Direct emails to specific attorneys or our general inquiry email. Online Form: Fill out the contact form on our website for a prompt response. Online Chat: Start chatting with us online on our website. Zoom Call: We can arrange a Zoom call at both our and your convenience. For urgent matters, we have an after-hours service to ensure you can reach us when needed.
  • What are your fee structures?
    Our fee structures vary by case: Hourly Rates: For ongoing legal advice or representation where the amount of work is not predictable. Flat Fees: For services with well-defined scopes like drafting contracts, rendering a legal opinion or a memorandum of law, or performing a legal audit. Contingency Fees: Primarily in personal injury or certain business or criminal litigation cases where we take a percentage of the recovery. Retainer: For clients requiring ongoing services, we might require a retainer from which fees are deducted. For a detailed breakdown, please request a fee schedule or discuss during your initial consultation.
  • How do you handle data security for your clients?
    We prioritize client confidentiality and data security: Encryption: All sensitive data is encrypted both in transit and at rest. Secure Platforms: Use of secure client portals for document exchange. Compliance: Adherence to data protection laws like GDPR, CCPA, and HIPAA where applicable. Cybersecurity Training: Regular training for our staff to prevent data breaches. We also engage third-party audits to ensure our cybersecurity measures are up-to-date.
  • Do you offer free consultations?
    We offer a free initial consultation for certain practice areas to discuss your legal needs and determine if we're the right fit for your case. However, for more complex matters, we might charge a consultation fee, which can be credited towards future services if you retain us.
  • What if I can't afford legal services?
    We understand that legal fees can be a barrier. We offer: Payment Plans: In some cases, we can arrange for payments over time. Pro Bono: Based on eligibility, we have a pro bono program for certain matters. Fixed Fees: For predictable services, we might offer fixed fee arrangements. Please discuss your financial situation during your initial consultation to explore your options.
  • How do you ensure client confidentiality?
    Client confidentiality is paramount: Legal Obligations: All attorneys adhere to attorney-client privilege. Secure Communication: Using encrypted communication methods. Data Protection: Robust policies and systems to safeguard information.
  • Can a foreign judgment be enforced in Romania?
    Yes, but it requires recognition by a Romanian court, which checks if it's final and enforceable under Romanian law.
  • What criminal defense motions might be filed by the suspect or the indicted perpetrator in Romania?
    Motions by the Suspect or Indicted Perpetrator: Motion to suppress evidence - Challenging the admissibility of evidence due to improper collection or violation of rights. Motion for dismissal for lack of probable cause - Arguing that there's insufficient evidence to proceed with the case. Motion to dismiss for lack of jurisdiction - Claiming the court does not have the authority to hear the case. Motion for discovery - Requesting access to evidence or information held by the prosecution. Motion to compel - Asking the court to force the prosecution to provide certain evidence or information. Motion for a change of venue - Requesting the trial be moved to another location due to potential bias. Motion for a continuance - Asking for a delay in the trial to prepare the defense. Motion to recuse the judge - Seeking removal of the judge due to perceived bias or conflict of interest. Motion for a separate trial - If co-defendants, seeking to have separate trials due to conflicting defenses. Motion to exclude witnesses - Preventing certain witnesses from testifying, often due to lack of relevance or credibility issues. Motion for a bill of particulars - Requesting more detailed information about the charges. Motion for a speedy trial - Invoking the right to a prompt trial under Romanian law. Motion to quash subpoena - Challenging the validity of a subpoena for witnesses or documents. Motion for bail reduction - Asking for a decrease in bail amount or conditions. Motion for release on personal recognizance - Requesting release without bail, based on trustworthiness to appear in court. Motion to dismiss for selective prosecution - Claiming the prosecution is based on discriminatory motives. Motion to limit evidence - Seeking to restrict certain prejudicial evidence from being presented. Motion for severance of charges - Asking for separate trials for different charges against the defendant. Motion for a directed verdict - Asking for an immediate judgment in favor of the defendant due to lack of evidence. Motion for acquittal - Post-prosecution case, arguing insufficient evidence for conviction. Motion for a new trial - Based on new evidence or procedural errors in the original trial. Motion to set aside conviction - Seeking to overturn a conviction due to legal errors. Motion for sentencing reconsideration - Asking the court to reconsider the sentence after conviction. Motion to vacate sentence - Requesting the annulment of the sentence due to legal or factual issues. Motion for post-conviction relief - After conviction, seeking relief based on grounds like ineffective counsel. Motion for habeas corpus - Challenging the legality of detention or conviction. Motion to seal criminal records - Requesting that records be sealed from public access. Motion to expunge record - Asking for the removal of the conviction from public records. Motion for witness immunity - Requesting immunity for a witness to testify without self-incrimination. Motion to exclude certain witnesses - Due to issues like witness intimidation or irrelevance. Motion for a bench trial - Opting for a trial by judge rather than a jury. Motion to withdraw guilty plea - Before sentencing, asking to retract a plea of guilty. Motion for reduction of charges - Negotiating lesser charges with the prosecution. Motion for psychiatric examination - Requesting evaluation to assess mental competency. Motion to challenge jury selection - Contesting the jury composition or selection process. Motion to stay proceedings - Asking for a temporary halt in the legal process. Motion to limit cross-examination - Seeking to restrict the scope of questioning during trial. Motion to dismiss for violation of rights - Arguing that rights under Romanian or international law have been breached. Motion for mistrial - Requesting a mistrial due to procedural errors or prejudicial events. Motion for expert testimony - Seeking court approval to present expert witnesses. These motions reflect the procedural nuances of Romanian penal trials, ensuring that all parties have mechanisms to protect their rights and navigate the judicial process effectively.
  • What motions can a victim/aggrieved party/responsible civil party file in a penal case in Romania?
    Motions by the Victim or Responsible Civil Party: Motion to join the criminal proceedings as a civil party - Allowing the victim to claim damages during the criminal trial. Motion for compensation - Seeking financial or other forms of reparation from the defendant. Motion for protective measures - Requesting protection against the defendant or related parties. Motion to be heard - Ensuring the victim or civil party has a chance to present their case or statement. Motion for restitution - Asking for the court to order the defendant to return property or money. Motion to intervene - Allowing a third party to join the case as it relates to their rights or interests. Motion for an interpreter - If the victim or civil party does not speak Romanian fluently. Motion for confidential proceedings - To protect privacy, especially in sensitive cases. Motion for psychological support - Requesting court-provided or approved psychological assistance. Motion to access case files - Seeking to review evidence or procedural documents related to the case. Motion for notification of release - To be informed if the defendant is released from custody. Motion for damages from state - If the state is found liable for wrongful actions by officials. Motion for provisional measures - Seeking immediate protective or compensatory measures before final judgment. Motion to amend civil claims - Adjusting the claims for damages during the trial. Motion for a restraining order - Protecting the victim from further harm by the defendant. Motion for public apology - Requesting the defendant to publicly apologize as part of sentencing. Motion to join multiple civil claims - If multiple victims want to combine their claims. Motion for special legal aid - For victims who might not afford legal representation. Motion to extend time limits - For procedural actions like filing claims or appeals due to special circumstances. Motion for privacy protection - To keep personal details of the victim confidential. Motion for confidentiality of evidence - Protecting sensitive information from public disclosure. Motion for the defendant's medical examination - Relevant in cases where the perpetrator's health affects legal outcomes. Motion for a private session - To discuss sensitive matters not open to the public. Motion for victim participation - Ensuring active participation in the legal process. Motion for civil claim priority - Asking the court to adjudicate the civil claim before or alongside the criminal one. Motion to be notified of court dates - Ensuring the victim or civil party knows when hearings are scheduled. Motion for court costs - Seeking reimbursement of expenses incurred during legal proceedings. Motion for public interest litigation - When the case has broader societal implications. Motion to exclude media - From certain parts of the trial to protect the victim's identity or privacy. Motion for victim impact statement - Allowing the victim to convey the crime's effect on their life. These motions reflect the procedural nuances of Romanian penal trials, ensuring that all parties have mechanisms to protect their rights and navigate the judicial process effectively.
  • What are the general motions open to all parties in a criminal case in Romania?
    General Motions Applicable to All Parties: Motion for clarification - Seeking clarification on legal points or court decisions. Motion to amend procedural documents - Correcting or updating any procedural document. Motion for additional evidence - Introducing new evidence after the initial submission. Motion to reopen evidence - After evidence has been closed, asking to present new or overlooked evidence. Motion for a stay pending appeal - Requesting to delay enforcement of a decision while appealing. Motion to reconsider - Asking the court to reconsider a previous ruling based on new arguments or law interpretations. Motion for a writ of attachment - To secure assets of the defendant for potential compensation. Motion for a writ of garnishment - To withhold funds from the defendant's salary or accounts. Motion for a temporary restraining order - An immediate order to maintain the status quo. Motion for pre-trial detention review - Reviewing if pre-trial detention is still justified. Motion for bail revocation - To have bail conditions changed or revoked due to non-compliance or new circumstances. Motion for legal aid - For those unable to afford legal representation. Motion for judicial notice - Asking the court to accept certain facts as true without formal proof. Motion to dismiss for double jeopardy - Claiming that prosecuting again violates rights against being tried twice for the same offense. Motion for a declaratory judgment - Seeking a judicial determination of rights without ordering specific action. Motion to suppress statements - Arguing that statements were obtained in violation of legal rights. Motion to seal records - Requesting that certain case-related documents remain confidential. Motion for a protective order - To limit the scope of discovery or protect sensitive information. Motion to compel attendance - Forcing a witness to appear in court. Motion to stay execution of sentence - Delaying the execution of a sentence pending further legal action. Motion to challenge search warrants - Contesting the legality of how evidence was gathered. Motion for alternative sentencing - Proposing non-traditional sentencing like community service. Motion for reduction of sentence - After conviction, seeking a lighter sentence based on new factors. Motion for probation - Requesting probation instead of or in addition to other penalties. Motion for early release - Seeking conditional or unconditional release before sentence completion. Motion to amend charges - Changing the nature of the charges based on new evidence or legal interpretations. Motion for judicial recusal - Asking for a judge to step down from a case due to potential bias. Motion for a special hearing - On specific issues like competency or evidence admissibility. Motion to invoke international law - In cases involving foreign elements or international treaties. Motion for an international judicial assistance letter - Requesting help from foreign jurisdictions in gathering evidence. These motions reflect the procedural nuances of Romanian penal trials, ensuring that all parties have mechanisms to protect their rights and navigate the judicial process effectively.
  • How are commercial disputes resolved in Romania?
    Commercial disputes are often handled by tribunals or specialized commercial sections of courts, which provide faster resolution due to their expertise in business law.
  • What are the procedures for insolvency cases in Romania?
    Insolvency proceedings start with a request for opening insolvency filed either by the debtor or a creditor for a minimum debt of 50,000 Lei (roughly 10,000 Euros) older than 90 days, managed by specialized insolvency courts, involving steps like reorganization or liquidation.
  • How are public acquisitions disputes handled legally in Romania?
    Disputes in public acquisitions are typically addressed by specialized sections within tribunals or courts of appeal, following the Public Procurement Law.
  • What is the process for appealing a first instance decision in Romania?
    An appeal is filed within the legal deadlines to the next higher court, where the case undergoes a de novo review.
  • Can a decision from a court of appeal be appealed further in Romania?
    Yes, through a second appeal (recurs) to the High Court of Cassation and Justice, but only under specific conditions outlined by law.
  • What happens in the case of a review application at the High Court in Romania?
    Review applications are for exceptional circumstances where new evidence or legal interpretation might change the outcome of a case already decided.
  • How long does a typical litigation process take in Romania?
    The duration varies but is often extended due to court congestion. Civil cases can take from one to several years, depending on complexity and appeals.
  • What are the court fees for filing a civil lawsuit in Romania?
    Various legal actions are taxed with a lump sum, however, there are specific types of actions for which fees vary based on the claim's value, with a percentage applied to the claim amount. Stamps and court fees are mandatory.
  • Can foreign lawyers represent clients in Romanian courts?
    Foreign lawyers can collaborate but must work with a Romanian attorney who has the right of audience in Romanian courts.
  • What is the principle of double jurisdiction in Romania?
    Any decision from a first-instance court is subject to a complete retrial on appeal, ensuring a second look at both facts and law.
  • How does one enforce a court decision in Romania?
    After a decision is final, an execution order is obtained, and enforcement is carried out by a bailiff. Certain deeds are deemed directly enforceable under the law.
  • Is mediation mandatory before litigation in certain cases in Romania?
    In some civil and commercial disputes, mediation is mandatory before proceeding to court, aiming to reduce court congestion.
  • How does one initiate a lawsuit for unfair competition in Romania?
    By filing a claim with the Competition Council, or at the competent court, usually a tribunal, with evidence of the unfair practices.
  • What are the requirements for a valid arbitration agreement in Romania?
    It must be in writing, express mutual consent, and define the subject matter of the dispute and arbitration procedure.
  • How are family law matters, like divorce, handled in Romania?
    Divorce can be mutual or contentious, with courts handling issues like child custody, support, and division of marital assets.
  • What is the procedure for minor's cases in family law in Romania?
    Special courts for minors handle cases involving child custody, adoption, and guardianship, with the child's best interest as the guiding principle.
  • What are the steps in a tax dispute in Romania?
    Disputes start with administrative remedies, followed by an appeal to the administrative court, and potentially to higher courts if necessary.
  • Can administrative acts be contested in court in Romania?
    Yes, from fines and other contravention reports, to administrative mandates and sanctions, all administrative decisions, reports, permits, approvals or denials thereof, they can be contested through contentious-administrative procedures, where individuals or companies can challenge decisions by public authorities.
  • What is the process for appealing a decision by the National Agency for Fiscal Administration (ANAF)?
    First, an administrative appeal to ANAF, then if unresolved, to the court for tax litigation.
  • How is evidence handled in Romanian courts?
    Evidence must be presented before and during the trial, with courts actively participating in its assessment.
  • How does one protect intellectual property rights through litigation in Romania?
    By filing for injunctions, damages, or other remedies in IP specialized courts or sections.
  • What are the implications of not responding to a lawsuit in Romania?
    Non-response can lead to a default judgment against the defendant, though this can sometimes be challenged.
  • Can preliminary measures be requested in Romania?
    Yes, like injunctions, to preserve rights or assets before final judgment.
  • How do courts handle urgent civil cases in Romania?
    Through expedited procedures where necessary, often involving requests for interim measures.
  • What is the role of the prosecutor in civil litigation in Romania?
    While primarily in criminal cases, prosecutors can intervene in civil cases to protect public interest.
  • Can cases be settled out of court in Romania?
    Yes, through mediation or direct negotiation, which can then be formalized by court if agreed and necessary.
  • How can foreigners ensure legal representation in Romania?
    By hiring a Romanian attorney or a foreign lawyer collaborating with a local one.
  • What are the main challenges for foreign investors in Romanian litigation?
    Language barriers, understanding local legal culture, and navigating different legal expectations.
  • How does one ensure confidentiality in commercial disputes in Romania?
    By requesting confidentiality agreements or court orders to seal records or limit public access.
  • What are the implications of not understanding Romanian legal procedures?
    It could lead to procedural errors, missed deadlines, or ineffective legal strategy, potentially losing cases or rights.
  • What are the conditions for using expert witnesses in Romania?
    In case its administration is found useful and necessary in the case, expert witnesses are appointed by the court at the request of the parties or ex officio by the judge, or can be suggested by parties when specialized knowledge is needed. On their own expense and in parallel with the court-appointed one, parties can retain their own experts, who usually file their own report ("Raport de Expertiza Judiciara", Rom.) by which they comment upon, refute or endorse the court-appointed expert's findings or conclusions.
  • What motions can usually be filed in civil and commercial lawsuits in Romania?
    Motion to Dismiss - Seeking dismissal of the case for various legal reasons like lack of jurisdiction or improper pleading. Motion for Summary Judgment - Asking for judgment without trial if no genuine issue of material fact exists. Motion for Preliminary Injunction - Requesting an order to maintain the status quo until a decision is made. Motion to Stay Proceedings - Asking for a pause in the legal proceedings. Motion for Extension of Time - Seeking more time to respond or act due to justifiable reasons. Motion to Amend Pleadings - To modify claims or defenses in the pleadings. Motion for Protective Order - To protect confidential or sensitive information. Motion to Compel Discovery - Forcing the other party to provide requested discovery materials. Motion to Quash Subpoena - Challenging the validity of a subpoena. Motion for Recusal of Judge - Requesting that a judge be removed from the case due to bias or conflict. Motion to Intervene - Allowing a third party to join the lawsuit. Motion for Change of Venue - Requesting the case be moved to another court for fairness or convenience. Motion for Consolidation - Combining separate but related cases for efficiency. Motion for Separate Trials - Splitting issues or claims for individual trial. Motion for Judgment on the Pleadings - Seeking judgment based solely on the pleadings if no material facts are disputed. Motion to Strike - Requesting the removal of certain parts of the pleadings. Motion for Reconsideration - Asking the court to reconsider a prior decision. Motion to Vacate Judgment - Seeking to nullify or set aside a judgment. Motion for New Trial - Based on new evidence or significant legal or factual errors. Motion for Costs - Requesting reimbursement of legal costs by the opposing party. Motion for Attorney's Fees - Seeking payment for legal fees from the losing party. Motion for Security for Costs - Requiring the plaintiff to deposit money to cover potential costs if they lose. Motion for Temporary Restraining Order - For immediate action to preserve the status quo. Motion to Reopen Evidence - To introduce new evidence after evidence has been closed. Motion for Declaratory Judgment - Seeking a court declaration on legal rights without ordering specific action. Motion for Specific Performance - Asking the court to enforce performance of the contract terms. Motion for Sanctions - Seeking penalties for misconduct in litigation. Motion to Set Aside Default - To reverse a default judgment. Motion for Relief from Judgment - To be relieved from a judgment due to mistake, fraud, or other reasons. Motion to Seal Records - Keeping parts of the case records private from public access. Motion for Partial Summary Judgment - Judgment on part of the claims without a trial. Motion to Bifurcate - Separating issues like liability and damages for different hearings. Motion to Exclude Evidence - To prevent certain evidence from being used at trial. Motion for Directed Verdict - Asking for a verdict in one's favor after the close of evidence. Motion for Mistrial - Requesting a new trial due to significant procedural or prejudicial errors. Motion to Dismiss for Lack of Jurisdiction - Claiming the court lacks authority over the case. Motion for a More Definite Statement - When pleadings are too vague to prepare a defense. Motion to Strike an Affirmative Defense - Challenging the legal sufficiency of a defense. Motion to Join Indispensable Parties - Including necessary parties for a complete adjudication. Motion to Dismiss for Failure to State a Claim - Arguing the complaint does not legally merit relief. Motion for Joinder of Claims - Combining related claims in one action. Motion for Class Certification - To proceed as a class action lawsuit. Motion for Judgment as a Matter of Law - Seeking judgment after a jury verdict, claiming no reasonable jury could find otherwise. Motion to Confirm Arbitration Award - To have an arbitration decision recognized by the court. Motion to Vacate Arbitration Award - Challenging the arbitration award's validity. Motion for a Stay Pending Appeal - Delaying enforcement of a decision during appeal. Motion to Amend Judgment - Correcting or clarifying a judgment. Motion for a Writ of Attachment - Securing property to satisfy a potential judgment. Motion for a Writ of Garnishment - Withholding funds or assets from the defendant's control.
  • What motions can generally be filed in family & minors lawsuits in Romania?
    Motion for Child Custody Modification - Seeking to change an existing custody arrangement. Motion for Visitation Rights - Requesting court-ordered visitation schedules. Motion for Child Support - To establish, modify, or enforce child support payments. Motion for Alimony/Spousal Support - Seeking financial support for a spouse post-separation or divorce. Motion for Divorce - Filing for legal dissolution of marriage. Motion to Set Aside Prenuptial Agreement - Challenging the validity of a prenuptial agreement. Motion for Paternity Test - To legally establish or disprove paternity. Motion for Guardianship - Requesting legal guardianship over a minor or incapacitated person. Motion for Adoption - Seeking to legally adopt a child. Motion for Change of Name - For oneself or a minor child. Motion for Restraining Order - To protect from domestic violence or harassment. Motion for Mediation in Family Matters - Requesting court-ordered mediation. Motion for Psychological Evaluation - Involving custody or mental competency issues. Motion to Relocate with Child - Seeking permission to move with a child out of jurisdiction. Motion for Parental Rights Termination - In extreme cases, to legally end parental rights. Motion for Visitation Rights for Grandparents - When parents are deceased or otherwise unable to care for the child. Motion for Legal Separation - Asking for judicial separation without dissolving marriage. Motion for Annulment - To declare a marriage null and void. Motion for Division of Marital Property - Post-divorce asset distribution. Motion for Maintenance of Parent-Child Relationship - Ensuring continued contact in cases of parental alienation.
  • What motions can generally be filed in an insolvency lawsuit in Romania?
    Motion to Open Insolvency Proceedings - Initiating insolvency for a debtor. Motion for Suspension of Payments - Asking for a stay on debt payments during reorganization. Motion to Appoint an Insolvency Administrator - Requesting a professional to manage insolvency. Motion for Reorganization Plan Approval - Seeking court approval for a proposed reorganization plan. Motion for Liquidation - Proposing the sale of assets to pay creditors if reorganization is not feasible. Motion to Stay Enforcement Actions - Preventing creditors from taking enforcement actions. Motion to Recognize Foreign Insolvency Proceedings - For recognition of foreign insolvency under EU regulations. Motion to Challenge Creditor Claims - Disputing the validity or amount of claims against the estate. Motion for Debtor-in-Possession Financing - Seeking new financing to keep operations running during insolvency. Motion for Sale of Assets - Proposing the sale of specific assets to settle debts. Motion for Extension of Insolvency Period - Asking for more time to reorganize or liquidate. Motion to Convert Insolvency to Liquidation - Shifting from reorganization to liquidation proceedings. Motion to Dismiss Insolvency Case - Proposing the case be dismissed if conditions for insolvency are not met. Motion for Creditor Committee Formation - To organize creditors for negotiation and decision-making. Motion to Set Aside Transactions - Contesting pre-insolvency transactions seen as detrimental to creditors. Motion for Interim Measures in Insolvency - Seeking protection or payment prioritization for certain claims. Motion to Reject or Assume Contracts - Deciding which contracts to continue or terminate during insolvency. Motion for Insolvency Plan Confirmation - Final court approval of the insolvency plan. Motion for Distribution of Assets - How assets will be distributed among creditors. Motion to Terminate Insolvency Proceedings - Concluding insolvency once obligations are met or assets exhausted. Motion for Clawback - Recovering assets transferred before insolvency to the detriment of the estate.
  • What motions can be filed specifically to commercial lawsuits in Romania?
    Motion to Enforce Foreign Judgment - Seeking recognition and enforcement of a foreign judicial decision. Motion for Corporate Dissolution - Proposing the legal end of a corporation. Motion for Shareholder Derivative Action - Allowing shareholders to sue on behalf of the corporation. Motion for Breach of Fiduciary Duty - Against directors or officers for misconduct. Motion for Piercing the Corporate Veil - To hold individuals personally liable for corporate debts. Motion for Specific Performance of Commercial Contract - Enforcing contract terms. Motion for Unfair Competition Injunction - Preventing unfair business practices. Motion for Trademark Infringement Injunction - Protecting trademark rights. Motion for Patent Infringement Preliminary Injunction - Stopping patent misuse during litigation. Motion for Antitrust Relief - Seeking remedies for antitrust violations.
  • What services does your firm provide for business formation in Romania?
    No matter whether you've done business in Romania before or not, we're guiding our clients all the way through the entire process of company formation in Romania, from choosing the type (legal form) of the company registration with the Trade Register, assisting with finding, drafting and negotiating the lease for the registered address, office, business address, manufacturing facility, warehouse etc., obtaining necessary authorisations and licenses, to drafting foundational documents like the statute or the articles of association.
  • What legal support do you offer for technology startups?
    For tech startups, we provide: Intellectual Property Protection: Securing patents, trademarks, designs and copyrights. Corporate Structure: Advising on optimal business formation. Funding and Investment: Legal support for venture capital deals, equity, and debt financing. Compliance: Guidance on tech-specific regulations like data privacy laws. Our approach is to help startups navigate the legal landscape while fostering innovation.
  • What are the types of Romanian companies?
    The types of Romanian companies are 1. SRL (Limited Liability Company / Romanian: "Societate cu Răspundere Limitată"), 2. SA (Joint Stock Company / Romanian: Societate pe Acțiuni"), 3. SNC - General Partnership, SCA - Limited Joint-Stock Partnership, 4. SCS - Limited Partnership or 5. Branches (Sucursala).
  • How can your firm help with international business transactions?
    We assist with: Contract Drafting and Negotiation: Ensuring compliance with both Romanian and foreign laws. Due Diligence: Conducting comprehensive reviews for mergers, acquisitions, or partnerships. Regulatory Compliance: Navigating complex international regulations including trade, tax, and data protection laws. Dispute Resolution: Managing international arbitration or litigation. Our team ensures that all aspects of a transaction are legally sound, culturally sensitive, and strategically optimized.
  • What is the legal basis for insurance regulation in Romania?
    The primary legal basis is Law 237/2015 on insurance and reinsurance activities, supplemented by ASF regulations under OUG 54/2016.
  • How long do I have to file an insurance claim?
    According to Law 236/2018, claims should be filed within 3 years from when the insured event occurred or was known.
  • Can I cancel my insurance policy anytime?
    Law 236/2018 allows policy cancellation but might stipulate conditions or penalties for early termination.
  • What happens if an insurer denies my claim?
    You can appeal the decision or file a lawsuit based on Law 237/2015 and the Civil Procedural Code.
  • What are the rights of consumers in insurance disputes?
    Law 246/2015 ensures consumer protection, providing mechanisms for dispute resolution and rights to information.
  • Is mediation compulsory before going to court for insurance disputes?
    While not compulsory, it's often recommended under Law 132/2017 for motor insurance disputes to resolve issues efficiently.
  • How does the Romanian legal system treat insurance fraud?
    Insurance fraud is treated as a criminal offense under the Penal Code, with severe penalties outlined.
  • Can an insurer refuse to pay out a claim?
    Yes, if the claim falls outside policy terms or if fraud is suspected, as per Law 237/2015.
  • What are the obligations of an insurer regarding claim settlement?
    Insurers must settle claims promptly and fairly under Law 237/2015, with specific timelines.
  • What protections exist for policyholders in Romania?
    The Civil Code and Law 236/2018 ensure transparency and fairness in insurance contracts.
  • How can I challenge an insurance policy clause?
    Clauses can be challenged if they contravene Law 236/2018 or are deemed unfair under consumer protection laws.
  • What if my claim is undervalued by the insurer?
    You can seek an independent assessment or legal recourse through the Civil Procedural Code.
  • Can I buy insurance from an EU insurer operating in Romania?
    Yes, under OUG 98/2006, EU insurers can operate in Romania under passporting rights.
  • What is the process for insurance companies to enter the Romanian market?
    Requires authorization from ASF as per Law 237/2015 and involves compliance with numerous regulations.
  • How does the law protect against insolvency of insurers?
    Law 240/2004 on insurance guarantees and Law 260/2008 provide frameworks for insurer solvency.
  • What are the penalties for non-compliance with insurance laws?
    Penalties can range from fines to license revocation, outlined in Law 237/2015 and ASF regulations.
  • What is the role of ASF in insurance disputes?
    ASF can mediate or provide guidance but does not adjudicate disputes; this is the court's role under OUG 54/2016.
  • How do I know if my insurance policy is compliant with Romanian law?
    Review terms against Law 236/2018 and consult with legal professionals for compliance.
  • What insurance is mandatory in Romania?
    Compulsory motor insurance Law 132/2017 and some property insurance under specific conditions.
  • Can clauses in insurance policies be considered void?
    Yes, if they contravene mandatory legal provisions or are unfair as per Law 236/2018 and the Civil Code.
  • What are the legal steps if an insurer goes bankrupt?
    Claims are handled by the Insurance Guarantee Fund under Law 240/2004.
  • How does one handle cross-border insurance claims?
    Utilize OUG 98/2006 for EU regulations and potentially involve ASF for coordination.
  • What documentation is required to file an insurance claim?
    Detailed by Law 237/2015, typically includes proof of loss, policy details, and incident report.
  • Can an insurer change policy terms mid-term?
    Generally not unless agreed upon by both parties, referencing Law 236/2018.
  • What is the statute of limitations for insurance disputes in Romania?
    Generally 3 years for civil claims under Civil Code, but can vary with specific insurance types.
  • How are disputes resolved when involving multiple insurers?
    Through legal proceedings or arbitration, guided by Civil Procedural Code.
  • What if my insurance claim involves criminal activity?
    It involves both civil and criminal proceedings under Penal Code and Penal Procedural Code.
  • How can I appeal an ASF decision?
    Via administrative or judicial review, with specifics under OUG 54/2016.
  • What is the process for insurance companies to recover claims paid out?
    Through subrogation or direct action against third parties, regulated by Law 237/2015.
  • Can I get legal aid for insurance litigation?
    Legal aid might be available, particularly for consumer disputes, based on the Civil Code.
  • How are insurance intermediaries regulated?
    By Law 237/2015 and ASF, ensuring they operate within legal frameworks.
  • What rights do I have if my claim is not paid in time?
    You can claim interest or damages for delay, as stipulated by Law 237/2015.
  • Can insurance policies be transferred under Romanian law?
    Yes, but with consent and adherence to Law 236/2018.
  • How are insurance contracts interpreted by courts?
    Courts apply principles from the Civil Code, favoring consumer protection.
  • What is the effect of misrepresentation in insurance applications?
    Could lead to policy voidance or claim denial under Law 236/2018.
  • What are the legal implications of not having mandatory insurance?
    Fines, legal action, or administrative penalties under respective laws like Law 132/2017.
  • How does the Romanian legal system handle motor insurance claims?
    Through Law 132/2017, ensuring rapid resolution and compensation.
  • What are the duties of an insured after an insurable event?
    To notify the insurer promptly and assist in claim investigations per Law 236/2018.
  • Can I sue my insurer for bad faith?
    Yes, if there's evidence of bad faith in handling claims, with legal backing from Civil Code.
  • What happens if there's a dispute over the cause of an insured event?
    This might require expert analysis or legal determination, referencing both Civil Procedural Code and insurance law.

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Our English-speaking senior attorney in charge with the insurance litigation practice provide clear, concise advice on your legal obligations, the legal dispute, evidence and legal merits, on compliance issues and the dispute resolution, and maintain a transparent communication ensuring you are kept informed at every stage of the dispute and litigation. Amala has successfully handled various insurance litigation cases before various courts in Bucharest, including on some of the most challenging, multi-million euro insurance liabilities claims on behalf of the biggest insurance issuer in Romania by market share. 

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