Civil lawyer for disputes, contracts and property
A breached contract, an unpaid debt or land disputed with a neighbour can be resolved through negotiation or in court. We help you choose the right route and follow it correctly.
Civil disputes are often won or lost on evidence and deadlines. Before going to court, we check that the claim is not time-barred, what documents you hold, which witnesses can be heard and whether an expert report is needed. Sometimes a well-drafted formal notice or a negotiation leads to a faster and cheaper result than a lawsuit.
Where litigation is needed, we choose the right procedure. For certain and due debts there is the order for payment, for small sums the small claims procedure, and for urgent matters interim orders or protective measures. Each has its own conditions, and choosing the wrong one can cost time and money.
We handle cases on contracts, civil liability, real property and relations between co-owners, from first instance through to appeal. Mr. Bocse Marian-Mihaita has rights of audience before all Romanian courts, so the same lawyer can follow the case on appeal and in second appeal. We keep you informed about the progress of the case and every important decision along the way.
What civil litigation support includes
- Formal notices, demand letters and negotiation before proceedings
- Claims for performance, termination, rescission or nullity of contracts
- Contractual and tort liability, damages
- Undue payment, unjust enrichment and other restitution claims
- Adverse possession of land and buildings, including registration of title
- Claims to recover property and boundary determination actions
- Judicial partition between co-owners and ending joint ownership
- Easements, rights of way and neighbour disputes
- Interim orders, precautionary attachment and other provisional measures
- Orders for payment for certain, liquid and due debts
- Small claims under the simplified procedure of the Code of Civil Procedure
- Appeal, second appeal, annulment requests and review
Examples of situations where we can represent you
- You lent money to someone who will not repay it, even though there is a signed document.
- You have used land for decades that is not registered in your name in the land register.
- Your neighbour has moved the fence onto your land or is blocking access to your property.
- A builder or service provider did not carry out paid work, or did it poorly.
- You own a property together with relatives and cannot agree on how to divide it.
- You lost at first instance and want an objective assessment of your chances on appeal.
How we work
Reviewing documents
We review your documents, correspondence and evidence and determine whether the claim can be pursued and within what time limit.
Choosing the procedure
We explain the options: negotiation, a special procedure or an ordinary claim, with the likely duration, costs and risks of each.
Drafting and evidence
We draft the statement of claim, propose witnesses, documents and expert evidence and respond to the other side's defence.
Representation and appeals
We represent you at each hearing and, after judgment, advise whether an appeal is worthwhile or whether to move to enforcement.
Frequently asked questions
How long do I have to take someone to court?
The general limitation period for financial claims is 3 years, but there are many exceptions and special time limits. Some claims are not time-barred at all, such as an action to recover ownership of property, within the limits set by law. The point from which time runs differs from case to case, so it is worth checking before giving up on a claim.
What is a small claim?
It is a simplified procedure under the Code of Civil Procedure for claims worth no more than 10,000 lei, excluding interest and costs. A standard form is used, the procedure is mainly in writing and time limits are shorter. It does not apply to every area; for example, certain disputes on personal status, inheritance or employment are excluded.
When can I use an order for payment?
The order for payment is a fast procedure to recover a certain, liquid and due debt arising from a contract or another document accepted by the debtor. Before applying, a formal demand is sent to the debtor, and if they do not pay within the legal time limit the court can be asked to rule. If the debtor raises serious defences, the application may be rejected and an ordinary lawsuit is needed.
What is adverse possession and when does it apply?
Adverse possession is a way of acquiring ownership by possessing a property for a long period, under the conditions set by law. The rules depend on when possession began, since either the old or the new Civil Code applies. We review the documents, witnesses and history of the property to determine whether a claim has a sound basis.
Other practice areas
Do you need a lawyer?
Tell us briefly about your situation. We will tell you honestly what can be done and what the next steps are, anywhere in Romania.
