Factual Background and Object of the Case A creditor obtained an enforceable title against a debtor for a debt owed. Based on that title, enforcement proceedings were initiated. Among the enforcement measures was real-estate enforcement (“executare silită imobiliară”) targeting one or more pieces of real property of the debtor. At some point during the enforcement …
Factual Situation Leading to the Objection to Enforcement A natural person entered into a personal need credit agreement in the amount of 16,000 CHF with a Romanian bank. During the repayment period, in 2012, the bank assigned the credit contract to a foreign banking company. Afterwards, due to financial difficulties, the borrower failed to meet …
Cluj Tribunal forces permit issuance after ruling PUG easement without expropriation infringes property rights.
Court orders demolition of illegal buildings in Apahida after invalid building permit; lack of PUZ deemed unlawful.
Case Study Real Estate Attorney Cluj: Achieved Objectives The administrative courts in Cluj-Napoca held that introducing a restriction in the General Urban Plan (PUG) that requires transferring a portion of one’s land due to a public road easement (servitude) is an abuse when the authority fails to expropriate the land in question; it violates the …
Court orders register entry confirming administrator’s resignation after associate failed to record it, making cessation enforceable.
Abusive Application of the Maximum Fine Provided by Law by the Urbanism Control and Construction Discipline Service. Lack of Proportionality Between the Committed Act and the Applied Sanction. The company was sanctioned by a notice of finding and contravention by the Local Police General Directorate with the maximum fine provided by Law No. 50/1991 in …
Court orders payment for drilling work despite no written contract, ruling debt was certain, liquid, and due.
Court rejects 78,000 lei damage claim from construction site in Cluj due to lack of concrete evidence of damage and binding documentation.
Obliging the National Commission for Property Compensation to resolve with priority the administrative file established under Law no. 10/2001. Reducing the waiting time until compensation is granted for a property in Cluj-Napoca abusively taken during the communist regime in Romania. RELEVANCE OF THE CASE The issue of measures to complete the restitution process, whether in …
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