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Amendments to the the law enforcing the New Civil Code

Law 60/2012 has brought substantive changes to the Law 71/2011 on the enforcement of Law no. 287/2009 on the Civil Code [in Romanian Legea nr. 71/2011 pentru punerea în aplicare a Legii nr. 287/2009 privind Codul civil]:

Among the most relavant amendments are the following:

  • in the laws on the consumer’s rights protection, the term „trader” is replaced with „proffesionist”;
  • it is clarified that the court may rule on the divorce (in the situation set forth art. 373 (b) of the Civil Code) for the fault  of one of the spouses, if the defendant’s fault in the dissolution of marriage is determined;
  • the provisions establishing the right to damages and compensation in case of divorce are applicable if the grounds of divorce have occurred after the entring into force of the Civil Code;
  • the provisions regarding the acquiring of the immovable property rights by operation of their registration in the Land Book become applicable only after the completion of the cadastral works for each territorial administrative unit and after the opening, upon request or ex officio, of the land books for the immovable assets, in accordance with the Law no. 7/1996 regarding cadastre and real estate publicity;
  • the registration requests in the land book and the court proceedings started based on the provisions of Law no. 7/1996, regardless of their submission date, will be solved based on the law in force at the date when the act was executed or, as appropriate, at the date of the execution of the legal deed which amended or extinguished the right subject to registration or rectification; however, the procedural rules in force at the time of the filing of the requests or court proceedings will be applied;
  • the provisions regarding the acquisitive prescription apply only if the possession began after the entry into force of the Civil Code;  for cases where the possession started before the entry into force of the Civil Code, the legal provisions in force at that date become applicable;
  • the establishment, content and third party opposability of the guarantee real rights shall be subject to the legal provisions in force at the date when the claim was born or, where appropriate, at the execution date of the agreement based on which the guarantee was set up;
  • chapter VI of Title VI of Law 99/1999 on measures aimed at the speeding-up of the economic reform will apply to the enforcement of the movable securities established under the same law;
  • non-liability clause, provided by art. 1363 of the Civil Code, regarding the disclosure of commercial or professional secret applies both to tort liability for its own act, as well as for the contractual liability;
  • the provisions of art. 1521-1528 regarding the notice of delay to be delivered to the debtor are applicable in case of the obligations born after the date of entry into force of the Civil Code;
  • the preemption right regulated by art. 1746 applies only to the neighbors who are forest owners;
  • the acts of disposal concerning mortgaged assets may be annulled upon request of the creditor only in case the products of the mortgaged assets cannot be executed by the creditor holding the same mortgage rank as the original mortgage; are excepted from the annulment the acts that have been expressly or tacitly approved such creditor;
  • the authentic notarial statement of the creditor is a ground for deregistering a mortgage from the Land Book,
  • pending the entry into force of the judicial organization law, which will determine the organization, functioning and responsibilities of the tutorship court, its powers are exercised by the tutelary authority.
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