Darie & Manea Law Firm has extensive experience in the practice of Litigation and Arbitration, concerning contentious matters in various areas. Our lawyers in Romania are developing litigation strategies based on gained valuable practical knowledge, acquired from dealing with a large variety of cases. No matter if there is a civil, commercial or criminal dispute, our lawyers will repesent and protect your interests.
Our team is able to represent clients in front of any legal Court in Bucharest, at any level of jurisdiction, inside the country and abroad.
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Question: I need some help with a case of insolvency, can you help me?
Answer: Our team can help investors and company owners who are dealing with insolvency and restructuring. We can help guide our clients who are faced with specific procedures so that they can enter into a successful restructuring phase for their company and stand a chance at salvaging the company.
Our litigation lawyers in Romania can help companies that are facing insolvency and we can represent our clients in complex situations that may even involve debt collection from creditors and will make it mandatory for the company to enter into the liquidation phase to satisfy those claims.
We can assist with the general insolvency procedures, debt restructuring, refinancing, general legal advice for companies that are in financial difficulty as well as specialized assistance for corporate finance in critical situations.
Our attorneys in Romania are able to provide insolvency services, and all of the services described herein, to companies in various business fields. We take into consideration the particularity of the industry, as well as the size of the company and the number of employees. In the litigation cases that we handle, either related to insolvency or otherwise, we provide tailored solutions, focusing on the client company’s future and business goals.
Question: What is your area of expertise?
Answer: We represent our clients in court litigation as well as arbitration when this is the preferred method of dispute resolution. Our legal advisors are able to handle complex matters related to business and commercial disputes; however, our area of expertise is comprised of several distinct fields, with solutions tailored for companies of all sizes that are facing these issues.
Our lawyers in Romania have been involved in numerous cases representing individuals and businesses in distinct departments including:
Corporate and Commercial
In general, when a civil or commercial case is opened, the litigation lawyer will present the dispute from your point of view this way maximizing the chances of getting a result in your favor, no matter if you defend or bring the claim. The case can be settled through a dispute resolution mechanism like mediation or negotiation, or in a court hearing.
Due to recent economic changes that inevitably affect the business area, the number of commercial disputes is constantly growing. Consequently, our litigation team from Romania has acquired extensive expertise in commercial disputes. Our lawyers are particularly skilled in debt recovery cases, the summons of payment, forced execution, litigation related to commercial contracts and public acquisitions. Also, our lawyers have assisted clients in litigation related to associated withdrawal, exclusion associated, cancellation of decisions taken by GMS, shares transfers, appeals against the decisions pronounced by the delegate judge, etc.
Real estate lawyers in Romania
Real estate disputes can last a long period of time and the stakes are very high. In order to win real estate litigation, you need an incisive strategy that must be applied aggressively for it to work. Each case is different and needs to be approached in a different manner by paying attention to its particularities, this way being more efficient and increasing the chances of getting a favorable result for the client. There are a lot of ways to do this, for instance, pursuing legal theories that the opposition won’t expect or reaching a deal with creative terms of the settlement.
Our team of real estate lawyers in Bucharest have represented various clients in cases related to the restitution of property – Law no. 18/1991, Law no 1/2000, Law no. 10/2001, and sale of properties (including those acquired by the Law no. 112/1995), exequatur procedure, etc.
Also, our attorneys have assisted numerous clients in resolving disputes related to pre-contracts and contracts of sale and purchase, construction contracts, tax issues related to acquiring property in Romania. In conclusion, we have a broad experience in the field and the needed expertise to overcome possible challenges that may appear along the way.
Insolvency is a company’s status when it has lower cash funds than its due and liquid debts as it follows:
- After 60 days of the due date, the company has not paid its debts to the creditors – relative presumption
- The insolvency becomes imminent when the company hasn’t enough funds available at the due date in order to pat the creditor at the due date, including liabilities.
The procedure of insolvency is applied by syndic judges, courts, the official receiver or judicial administrator and it is triggered by the creditor/creditors, debtor or persons of institutions provided by the law through a petition filed in court.
The manner in which insolvency proceedings are handled by our Romanian lawyers highlights their unique ability to craft solutions for debtor-creditor litigations. We represent our clients in a wide variety of disputes that are in close connection with insolvency issues.
Employment services provided by our attorneys in Romania
Due to the fact that treating your employees correctly, you can’t always avoid litigation, which is a very expensive and time-consuming process, companies need a powerful law firm to defend their rights and interests. An employee can file charges against a company or sue it, even if the employer was fair to him. Therefore, the law that defends the employer must be aware of all stages of the litigation process and be prepared to face all unique challenges. In addition, experienced law firms can even avoid the litigation process or at least reduce the costs of it.
Our Romanian lawyers have all necessary resources to assist any client in matters concerning grievances under the collective bargaining agreements and individual employment agreements, termination of employment, lay-offs, repositioning in the company, discrimination, protection of employers intellectual property, rights for work created by employees, etc. You can seek advice from a litigation attorney Bucharest that our law firm is able to provide in order to assist you during the procedure of preliminary disciplinary inquiry and also during pre-litigation negotiations.
Intellectual property litigations can be very delicate and need to be treated accordingly, with diligence and attention to details. Intellectual property means trademarks registration, renewal or transfer, as well as confidential information, copywriting, trade secrets issues, domain names, marketing, and advertising compliance and counterfeiting.
Our law firm in Romania has a highly effective intellectual property department. Our team provides comprehensive solutions for disputes concerning registration of marks, industrial designs; our litigation lawyers have assisted numerous clients including large companies in disputes related to the infringement of rights conferred by trademark registration, counterfeiting actions, unfair competition actions, trademark or patent cancellation actions, actions against the decisions of The State Office for Inventions and Trademarks, OSIM. Due to our past experience, we can advise and represent Romanian and multinational companies from several industries.
When debt collection enters the judicial phase, clients can count on the expertise of our Romanian lawyers. The most common path for solving disputes related to debt is to submit a claim and bring the case to court in front of a civil court. Another solution might be to file for an insolvency claim for the debtor – a case in which the respective company will either comply with a payment schedule or undergo the bankruptcy and liquidation proceedings during which the creditor’s claims will be satisfied.
At our law firm in Romania, we strive to provide the most suitable solutions in case of debt collection litigation and treat each case according to its particularities. We will observe the creditor’s rights, at the same time taking the path that will yield the fastest results, as all creditors wish to recover their debts and continue with their business activities in the country.
Our attorneys in Romania can prepare all of the needed documentation for these particular cases (such as payment schedules or agreements) and can also represent our clients in court, for the purpose of obtaining the enforcement order.
Our team has experience in all of the issues related to debt collection or bankruptcy and liquidation. Included here are the seizure process, bank account seizures, breach of fiduciary duty, bankruptcy/insolvency applications, court ordinances for debt collection in emergency cases and others.
Dispute resolution is one of our primary fields of activity, however, our Romanian lawyers have experience in different other fields and can provide complete legal services and legal consulting in multiple areas.
Our team is multidisciplinary and has experience in other practice areas, apart from those already detailed above. Some of the areas also include:
- Mergers and acquisitions: we counsel companies with respect to corporate mergers and acquisitions, private shares acquisitions, business transfers, corporate division acquisitions, and others.
- Tax: we can assist our clients with a variety of issues related to taxation, from ongoing compliance to gaining tax benefits.
- Competition and antitrust: our team can handle competition and antitrust issues and we can advise clients on practices that will not breach the applicable competition rules.
- Banking and finance: specialized services for banks and financial institutions, adequate counseling for project finance transactions.
- Energy: combined services concerning energy and environment law for companies activating in these fields.
- EU Law: assistance for clients that may be influenced by EU laws on their projects in different sectors.
Our Romanian litigation team has also developed knowledge and expertise in the following areas:
- the legal regime of matrimonial goods,
- the inheritance procedure,
- the procedure related to the Land Registry (registration procedure, complaints, etc),
- the legal status of the physical persons – deeds of civil status, tax issues, etc.
Apart from these services, our team also specializes in company formation in Romania and can provide clients with complete solutions, adapted to their needs and the particularities of the business field in which they wish to enter. You can reach out to our lawyers if you are just starting your business or if you are experiencing legal issues in one of the fields described in this article and are in need of a comprehensive solution for dispute resolution.
THE MAIN STAGES OF A LAWSUIT, PRESENTED BY OUR ATTORNEYS
Our litigation lawyers can assist clients throughout all the stages of a lawsuit, should their particular case go to court. Our initial evaluation of your case will propose an out-of-court solution, however, this is not always possible, hence the need to commence civil action.
Our team starts by preparing the writ of summons. Form then on, a number of steps are required and others are optional. Our Romanian lawyers list these below:
- Proceedings on the merits: This is the first (and often the only) step that anyone who wants to go to court to resolve a legal issue goes through.
- The appeal: The party dissatisfied with the decision of the first instance may appeal, requesting the annulment or modification, in whole or in part, of the contested decision;
- The recourse: Unlike the appeal, the remedy is limited to certain conditions that are not related to the merits of the case. These conditions refer mainly to procedural issues (for example, the court has exceeded the powers of the judiciary);
- Appeal for annulment and review: The other two extraordinary remedies are the annulment appeal and the review.
All these stages have varying timelines. Some approximate durations are listed below:
- 6 months to 2 or 3 years for the first stage of the proceedings;
- 2 to 3 months for the appeal, in some cases;
- 1 to 6 months for the recourse.
Please keep in mind that the duration varies according to the type of litigation.
In the case of a preliminary ruling, the High Court of Cassation and Justice (ICCJ) is notified for the purpose of pronouncing an interpretative judgment (resolving a matter of law). In addition, it should be noted that during the proceedings before the ICCJ, the process underlying the notification of the ICCJ is suspended.
What are the essential steps that take place during these four phases? Our team explains this below.
During the first stage, our lawyers have effectively commenced the civil lawsuit. Right now, the competent court is vested with the settlement of the dispute, through the request for summons, filed by the plaintiff, through our team of lawyers in Romania. The statement of objections is to be lodged by the defendant, in respect of which the applicant lodges the answer to the statement of defense. The objection and the defense to the objection establish the claims and defenses of the parties and the evidence proposed in order to support the claims / defenses.
Once the procedural framework has been established, the actual settlement of the dispute will commence. For this purpose, evidence will be properly administered and evaluated, and the parties will state their case. This phase ends with the pronouncement and motivation of the decision and the communication of the motivated decision to the parties.
A party that is dissatisfied with the results may file an appeal. This is done in writing, also with the help of our lawyers and within the limited timeframe for this action, which is no more than 30 days after the receipt of the decision, submitted with the Court . It is important to note that the appeal, although allowing the case to be retrialed, limits the appellate court to the grounds of appeal. Specifically, the appellant cannot make new claims against those made before the court of first instance. It should also be noted that the judgment on appeal causes the suspension of the execution of the judgment of the first instance. Finally, the appellate court may uphold, set aside or alter, in whole or in part, the judgment under appeal.
The description of a civil lawsuit in Romania presented herein serves only for informative purposes. In practice, each case is trialed differently and we strongly advise those interested to seek specialized legal aid, such as that provided by our litigation lawyers in Romania.
Our team can provide more details about civil and criminal proceedings in Romania. Regardless of the procedural stage of your trial, your lawyer is entitled to a number of rights that have to do with preparing your case, thus ensuring that your stand a fair chance in trial. For example, the lawyer has the right to benefit from the needed time to prepare the defense (applicable to criminal proceedings) as well as assist and represent the client in the criminal process. A detained individual has the right to contact a lawyer and the confidentiality of their discussion is guaranteed.
The agreement between a lawyer and his client is concluded in writing. The relationship between the two parties is important for ensuring the success of the trial, this is why we advise all our clients to focus on working with a lawyer who specializes in their type of case.
If you are looking for an experienced litigation attorney, you have come to the right place. You can contact us right now for a free consultation.