by Vlad Cuc
Romanian executors activate under the supervision of local Courts. The territorial competence of executors located in Bucharest is applied throughout the entire municipality. While executors mainly have the role of enforcing Court Decisions, complete attributions include:
a) Enforce the dispositions having a civil character of enforceable titles;
b) Notification of legal and non-legal documents/requests;
c) Communication of procedure notifications;
d) Amicable recuperation of debts;
e) Applying insurance measures decided by the Court of Law;
f) Official taking into account of certain situations having legal effects;
g) Drafting certain documents related to the recuperation of debts;
h) Drafting the “protest” of non-payment of checks and similar payment methods.
The activity of Romanian executors takes place in an office location where one or more executors can activate as associates, with the obligation of maintaining an archive and registration. The archive is considered a property of the State and has to be maintained per the dispositions of the Law.
The number of executors is established and updated annually by the Ministry of Justice, through consulting with the National Union Counsel of Executors, per the practical requirements related to each respective area, in a manner to provide at least one executor for a number of 15.000 inhabitants. The number of executors activating under the supervision of a Court cannot be less than 3.
All the documents drafted by the executors must be in the Romanian language. The executor will in most cases draft minutes for each legal proceeding, one copy being kept by the office, while the Court and those with interest in the case will each be provided a copy.