Last updated: 20 October 2014
After its entry into force on February 15, 2013, the Code of Civil Procedure underwent its first substantial amendment, after Law no. 138/2014, published in the Official Journal no. 753 of October 16, 2014, was passed. This Law changes not only several important rules regarding enforcement procedures provided by the Code, but also other legislative acts, among which Law no. 17/2014 on the sale of agricultural lands. These amendments are presented to you briefly hereinafter.
AMENDMENTS BROUGHT TO ENFORCEMENT PROCEDURES
As regards the Court competent to settle applications related to enforcement procedures, Law no. 138/2014 introduced a new rule, according to which the competent Court is the District Court in whose jurisdiction the debtor’s residence/registered office is located. This amendment aims at establishing the competent Court in a more objective and precise manner, following the non-constitutionality decision allowed a few months ago with respect to article 650 paragraph 1 of the Code of Civil Procedure, according to which the competent Court was the District Court in whose jurisdiction the registered office of the bailiff was located.
Before the entry into force of Law no. 138/2014, enforcement procedures were preceded by a procedure for enforcement approval, by which the District Court would consent to the enforcement and approve the means of enforcement, as well as the amount of the receivable to be enforced.
Following the entry into force of Law no. 138/2014, the approval of the enforcement procedure is placed in the competence of the bailiff, who shall issue a decision on the application for enforcement within a maximum period of 3 days from the reception of such application. If the application is allowed, the creditor can request to the bailiff to resort to all enforcement methods provided by the Law in order to satisfy his receivable.
Nevertheless, the enforcement of enforceable titles, such as bank loan contracts, checks, promissory notes or legal assistance contracts shall be conditioned by the application of the enforcement order, which falls under the competence of the District Court in whose jurisdiction the debtor’s registered office is located. It is only after this phase that the creditor can request to the bailiff to proceed with the enforcement procedure. The application of the enforcement order is not necessary for final court decisions, whose enforcement can be requested, without any formality, to the bailiff.
Another very important amendment regards the execution of movable assets located in Romania, belonging to debtors residing abroad, situation which was not provided expressly by the Code. From now on, the creditor can refer to any bailiff in Romania in order to pursue the movable assets located in Romania belonging to debtors residing abroad.
SALE OF AGRICULTURAL LANDS
Law no. 17/2014 grants a preemption right to co-owners, lessees and neighboring owners for the purchase of agricultural lands located outside cities.
After Law no. 138/2014 was passed, it was decided that the provisions of Law no. 17/2014 are not applicable to sale operations between co-owners, spouses, parents or relatives up to the third degree.
Moreover, Law no. 17/2014 is not applicable to lands sold during an enforcement procedure or an insolvency procedure (for example, as a result of auctions organized during insolvency procedures).