Services - D.DINU

Restitution of Nationalized Real Estate

Our team of lawyers with extensive experience in the field of recovery of buildings confiscated by the Romanian state during the communist period, based on over 20 years of handling numerous files both in the administrative procedure as a result of special laws: Law 18/1991, Law 1/2000, Law 10/2001, Law 245/2005, Law 165/2013 as well as before the courts, we offer transparent legal services to expedite the resolution of requests/notifications formulated by you based on law 10/2001 from Romania, regarding restitution in kind or granting of compensations for the buildings confiscated by the Romanian state during the communist regime.

Instrumenting such files is not a simple process, and in order to be able to capitalize on your rights, it is recommended to turn to lawyers with expertise in this field, especially since, from the existing public information, some of the notifications made have been rejected with the reasoning that not all the documents necessary for the favorable resolution of the notifications in question have been submitted, and/or proof of the right of ownership and/or of the quality of the person entitled to restitution, and/or of the continuity of the right of ownership up to the date the abusive takeovers by the communist regime and the provisions issued by the authorities were not challenged within the deadline.

Although the administrative procedure adopted by the Romanian state for the restitution of properties confiscated by the communists was supposed to be a quick one, the process of
restitution turned out to be extremely difficult, perhaps the most difficult among the states of the former communist bloc. For example, in an interval of 22 years since the appearance of Law 10/2001, of the total of 42,613 files registered at the Bucharest City Hall, approximately half, i.e. a number of 21,312 files, were resolved, while the remaining 21,301 remained unresolved.

Moreover, during all this time there have been numerous legislative changes that made the restitution process more difficult, a way of giving
compensations and another was invented, the amounts due in the case of the sale of the rights by the persons entitled to restitution, who opted
for this option, or was the mechanism for establishing compensations for nationalized buildings impossible to return in kind modified according to Law 165/2013 (because they were sold to the tenants who occupied the buildings at the time of law 112/1995 or were demolished during the communist period ).

We have the necessary expertise in the instrumentation of files:

both in the administrative procedure, based on special laws:
as well as before the courts, in processes whose object was to establish the absolute nullity of a property title, whether it was a sale purchase contract concluded by the Romanian state with the tenants-buyers based on law 112/1995, of titles of property issued by the Ministries of Resort in the case of commercial companies with state capital that have received nationalized real estate for administration, of property titles issued by the County Land Commissions, or actions in claim by comparing the titles, and others.

Our team of lawyers can assist and represent you with a view to the restitution in kind of the buildings taken over abusively by the Romanian state during the communist regime or with a view to granting reparative measures by equivalent in the situation where restitution in kind is no longer possible:

Legal assistance and representation in the administrative/urgent file resolution procedure in front of the authorities charged with resolving the request/notification (City Hall, Local Commission, Municipal/County Commission, Authority for the Administration of State Assets, etc.) in order to complete the procedure administrative:
Formulating and supporting an appeal against the decision/disposition in the case of the issuance by the authority vested with the resolution of the request/notification, of an unfavorable decision/disposition/proposal;
Legal assistance and representation in the administrative procedure before the National Commission for Real Estate Compensation (CNCI):
Formulation and support of an appeal against the invalidation/partial validation decision in the case of the issuance by the National Real Estate Compensation Commission (CNCI) of the National Property Restitution Authority (ANRP), of a partial invalidation/validation decision of the measures proposed by the invested entity with the resolution of the request/notification, respectively:
Formulating and supporting an appeal against the point compensation decision in the event that the reparative measures were not correctly established by the decision of the National Real Estate Compensation Commission (NCCI), in the sense that they were undervalued, as a result of ignoring the technical characteristics of the building and the category of use on the date of its takeover.
Compulsory execution of court decisions obtained in contradiction with the entities invested with the resolution of requests/notifications and the National Commission for Real Estate Compensation and actions aimed at obtaining late penalties between 100 and 1000 lei/day of interdiction, according to art.906 Civil Procedure Code.
Assistance and representation in order to capitalize on the points awarded by ANRP through the Compensation Decision;
Intermediation of the valorization of the right to reparative measures, in the situation where it is desired to valorize the due rights, although the administrative file is not definitively resolved.

Real Estate and Construction Law

The diversity of the field of real estate law is covered with the success of our equipment, regardless of whether it is about the alienation of real estate or their rental or the realization of real estate projects or representation in legal proceedings related to such transactions.
Given the specific skills and experience of our team in this field, we can assist you with matters regarding:

Legal consultancy regarding the preparation of legal audit reports (due diligence reports) in relation to real estate assets (residential or intended for professional activities) - both in favor of the buyer and the seller - regardless of whether they are land + constructions, only land or just buildings;
Legal consultancy regarding the drafting, negotiation, signing and implementation of sales-purchase contracts in relation to real estate assets (residential or intended for professional activities) - both in favor of the buyer and the seller;
Legal advice on the drafting, negotiation, signing and implementation of contracts adjacent to contracts for the purchase of real estate assets - such as, without limitation, pre-contracts, escrow account contracts for making certain payments, issuing autonomous guarantees (e.g. letters of bank guarantee ), credit/loan contracts (with financial institutions or other entities) for the financing of the respective purchase, guarantee/mortgage contracts established on the purchased assets or other assets as accessories of the credit contracts;
Legal consultancy regarding the drafting, negotiation, signing and implementation of rental contracts regarding real estate assets (including assistance in analyzing the legal situation of the respective real estate assets) or other contracts regarding the use / exploitation of real estate assets;
Legal assistance and advice in disputes regarding real estate transactions, including the conclusion, implementation, proper execution and termination of such contracts.

Corporate and Commercial Law

Establishment of legal entities and non-profit organizations,
Assignments and restructurings,
Corporate governance, management liability, shareholding agreements, shareholder rights and shareholding structures,
Joint ventures, business transfers,
Dissolution, merger, reorganization and/or bankruptcy of companies;

Insolvency and Bankruptcy

How can we help you?
We identify the right solution pamong our clients, we build the strategy to follow, we design and elaborate the applications for the opening of the insolvency procedure, bankruptcy or judicial reorganization, we offer legal assistance and representation in all files that could be formed within the insolvency procedure (action to annul fraudulent acts, requests to hold administrators liable, appeals against the measures of the judicial administrator, etc.), we provide consultancy for the drafting and confirmation of the reorganization plan, we identify and propose solutions to avoid bankruptcy, as the case may be. We also support clients regardless of their procedural position (administrators, creditors, debtors, etc.) both in the initial phase and throughout the insolvency, liquidation or judicial reorganization procedure.

What does insolvency mean?

- - - - insolvency is that state of the debtor’s estate, which is characterized by insufficient funds available for the payment of certain, liquid and payable debts.
      - insolvency is presumed when the debtor has not paid his debts to the creditor after 60 days from the due date,
      - insolvency is imminent when it is proven that the debtor will not be able to pay the due debts committed when due, with the funds available at the due date.

Initiating the insolvency procedure can be done by anyone who has an interest – creditors or even the debtor.
THE DEBTOR who is in a situation where he can no longer pay his debts older than 60 days from the due date, can opt for entering insolvency through the simplified procedure by directly entering the bankruptcy procedure or proposes a reorganization plan, provided that this procedure has not been resorted to in the last five years.

Benefits for the debtor: A debtor who opts for the insolvency option can no longer be enforced, and some penalties for not paying debts to creditors on time will no longer apply. At the same time, the debtor can opt for a reorganization plan that will be implemented in a maximum period of 4 years.

CREDITORS who have against the debtor a definite, liquid and demonstrable claim for more than 60 days whose value is at least 50,000 lei, as well as EMPLOYEES who have recovered at least 6 average gross salaries per economy / employee.

Benefits for the creditor: The money your debtor owes you can help you develop your current projects or start new projects. Prevent the damages that could be created for you because your debtor does not take the actions it should take. It is risky to leave your debtor’s insolvency to chance.

In practice, there are a number of major impediments to the successful opening and completion of a reorganization procedure, which could be avoided, and we can help you. These include:

- - - - late access to the insolvency procedure;
      - the small number of specialists able to propose a viable plan;
      - the divergent interests/motivations of the creditors in the procedure;
      - lack of funding sources.

Litigation and Arbitration

As litigation is an inevitable consequence of doing business in an increasingly regulated, high-speed environment, we aim to provide our clients with sound, realistic and straightforward advice. We work closely with our customers to understand their needs before recommending the right solution.

Acquisitions, real estate claims, usufructs;
Boundary, actions pending;
Successions and/or evictions;
Adoptions; cancellation of adoptions;
Debt recoveries of any kind;
Appeals to execution;
Representation of Romanian and foreign citizens before European bodies of jurisdiction such as C.E.D.O. and/or C.J.U.E.
Assistance and legal representation before public notaries, bailiffs, insolvency practitioners, as well as at the cadastre and real estate advertising offices.

Public procurement. Public funding. Concessions. Public services

Considering the experience we have accumulated in the field of public law and especially in the field of administrative law and financial law, we offer counseling, assistance and legal representation services in the integrated practice area Public Procurement. Public funding. Concessions. Public services:

Assistance in public procurement procedures, on several components: preparation and transmission of the necessary documentation, correspondence with public purchasing authorities, assistance and legal representation in appeals against the results of public procurement procedures;
Assistance and legal representation in disputes circumscribed to administrative contracts in the field of public procurement (in the stages related to the conclusion of contracts, the interpretation of contractual clauses or documentation, the execution of contracts, the termination or termination of administrative contracts by other means);
Asistență și reprezentare juridică în litigiile referitoare la recuperarea prejudiciilor asociate executării sau neexecutării unui contract administrativ din materia achizițiilor publice;
Advice, assistance and legal representation (mainly given to territorial administrative units) for obtaining and managing public funding;
Advice, assistance and legal representation in connection with the conclusion, execution and termination or termination by other means of concession contracts, including in terms of the recovery of associated damages;
Advice, assistance and legal representation in the procedures for organizing some public services (including in terms of ensuring the financing of the expenses of these public services through the establishment of special taxes);
Assistance and legal representation in disputes related to the organization and operation of some public services, including in relation to contesting the special taxes instituted by public entities to ensure the financing of some local public services.

Assistance and legal representation in Family Law

Intellectual Property Law

Also, having a rich experience in the field of intellectual property, we ensure the effective protection of the intellectual and industrial property rights of our clients in all stages of the economic circuit of the products, including the protection of the rights arising from patents, aspects related to their validity and opposition, as well as the administration of the patent portfolio and the development of their capitalization strategies.

Contravention Law

We provide legal assistance in all procedural phases related to obtaining material and/or moral damages owed to victims of road accidents, as well as relatives of people who died in these accidents, including assisting them in negotiations with insurers regarding the amicable or litigious payment of damages.

Labor Law

We assist clients in relation to a wide range of mandates in the field of labor law, both consulting and litigation, such as:

Drafting and negotiation of individual and collective labor contracts, management contracts and internal regulations;
Drafting of specific documents regarding labor relations within mergers and acquisitions, outsourcing projects, management of disciplinary procedures, cases of harassment and discrimination, transfer of employees, as well as strategic restructuring;
Cases of individual and collective dismissal;
Specific assistance during the process of obtaining the documents necessary for the immigration of foreign citizens, including members of the management of commercial companies;
Drafting and revision of procedures regarding employee benefits and pensions, preparation and implementation of layoff strategies and voluntary retirement schemes;
Labor disputes, representing both employers and employees in cases such as overtime and benefit claims, harassment cases, cross-border pension rights claims, dismissal appeals
Retirement decision appeals, disability rights appeals, etc.

Banking Law. Abusive clauses litigation

The experience gained in these litigations have led to the successful handling of disputes related to abusive clauses in recent years, from different perspectives: the negotiation of better contractual conditions; initiating and supporting actions aimed at the annulment of abusive clauses in bank credit contracts and the return of overpaid sums in the form of illegal interests or commissions; representing debtors in forced execution procedures, with the exceptional formulation of some objections regarding the abusive nature of some clauses; representation of debtors in the payment procedure and related disputes.

Regaining romanian citizenship

Our lawyers offer services for regaining Romanian citizenship to people who have lost this citizenship, as well as their descendants up to the second degree inclusive or to people who were Romanian citizens, but lost their Romanian citizenship for reasons beyond their control or it was revoked against their will , as well as their descendants up to the III degree, with the possibility of keeping foreign citizenship and establishing domicile in the country or maintaining it abroad, if they meet the conditions provided by the Romanian citizenship law no. 21/1991.

After obtaining the proof of kinship with former Romanian citizens who lost this citizenship for reasons not attributable to them or it was revoked against their will, we take care of the formation of the citizenship reacquisition file, which must contain all the documents required by the National Authority for Citizenship (ANC) and we ensure that the documents do not contain errors, so as to eliminate the risk of rejection of the application for reasons of form or content.

Civil status documents from abroad must be apostilled and translated into Romanian, (including the apostille), a translation that must be legalized. The translation and legalization of civil status documents from abroad can be done in Romania by us, the prices of translations being generally lower than abroad. We will also take care of the rest of the necessary operations, including the transcription of documents from abroad after regaining Romanian citizenship.

If the file complies with all legal requirements, the President of the Romanian National Citizenship Authority will issue a decree granting you Romanian citizenship. For the successful resolution of the request for the regaining of Romanian citizenship, it is absolutely necessary that the file submitted to the Authority contains all the documents required by law, in the form required by law, without any exception.

After regaining Romanian citizenship, it will be possible to proceed further to obtain the passport, the application having to be submitted personally by the applicant, either at the Romanian embassy in the applicant’s country of origin, or at the public passport service in Bucharest, the deadline for issuing the passport being of 30 days from the submission of the application.

By going through the administrative procedure before the National Authority for Citizenship in a normal regime, the duration of obtaining the citizenship certificate is between 1.8 months and 2 years from the moment of submitting the file.

If desired, the above deadline can be shortened by submitting a summons request to the Bucharest Court, through which the National Citizenship Authority will be requested to resolve the request submitted by the applicant.

Also, for the successful resolution of the summons request and for obtaining the court decision obliging the Citizenship Authority to resolve the request, it is absolutely necessary that the file submitted to the Authority contains all the documents required by law, in the form required by law, without any exception.

Immigration

Our team of specialized lawyers comes to the aid/support of employers/foreigners who want to obtain an employment permit for foreign workers by identifying the optimal human resources solutions, clarifying the situations that are necessary in going through the stages in order to obtain the employment permit/long-stay visa for employment purposes / drawing up and submitting the file to the General Inspectorate for Immigration (IGI).

By Ordinance no. 25/2014 regarding the employment and posting of foreigners on the territory of Romania, the Government annually establishes the quota for types of newly admitted workers, according to the needs of the labor market in Romania.

Foreign citizens from third countries, i.e. countries that are not part of the European Union , the European Economic Area or the Swiss Confederation, have the right to be employed on the territory of Romania, in compliance with the specific conditions regarding access to the labor market.

Conclusion of a legal employment relationship on the territory of Romania between an employer (legal person or natural person) and a foreign citizen usually involves three stages (which also includes the adjacent administrative formalities), without which the reception of the foreigner to work would not be legal and would, consequently, attract harsh sanctions, both for the foreigner and the employer .

The employer has the obligation to prepare and submit all the documentation necessary to obtain the employment permit of the foreign citizen, in compliance with the specific provisions depending on the type of employment relationship, the citizenship of the future employee, his studies, but also the field of activity in which he will carry out his activity.

Getting employment/secondment notice
The documentation for obtaining the employment permit is submitted by the employer to the unit to the General Inspectorate for Immigration (IGI) materially competent in the county where the employer has its fiscal domicile.
Persons who can obtain an employment permit.

They are foreign citizens from third countries, i.e. countries that are not part of the European Union,
The European Economic Area or the Swiss Confederation or citizens from outside the Union
European with which Romania has concluded an agreement in this regard;
I meet the special conditions of professional training, experience in the activity and authorization;
I prove that they are medically fit to carry out the respective activity;
They do not have criminal records that are incompatible with the activity they are going to do
carried out on the territory of Romania;
It falls within the annual quota approved by Government Decision;

Also, for an employer to be issued with the document certifying his right to hire a foreigner on a specific position, respectively the employment permit, general conditions must be met and
special conditions depending on the type of worker, expressly provided by law.

Eligibility conditions of the employer:

is a legal person, an authorized natural person or an individual undertaking
on the territory of Romania, activities compatible with the position for which he is applying for employment a
the foreigner;
has paid the obligations to the state budget for the last quarter, prior to submitting the application;
he was not definitively convicted for an offense provided for by the Labor Code or for a
crime against the person committed with intent, provided for by Law no. 286/2009 regarding
The Criminal Code, with subsequent amendments and additions;
he was not sanctioned regarding the general employee record register, in the last 6 months
prior to the settlement of the request for undeclared work or illegal employment;
the foreigner whom the employer intends to employ meets the conditions
provided by law and is not in any of the cases of not being allowed to enter Romania.
The General Inspectorate for Immigration (IGI) resolves the request for the issuance of the opinion of
employment within 30 days from the date of its registration. In cases where they are necessary
additional checks, the deadline can be extended by no more than 15 days.

Foreign holders of the right of temporary residence between studies can be employed in Romania only with an individual part-time employment contract with a maximum of 4 hours per day.

Foreigners holding the right of temporary residence for the purpose of work, employed in Romania with an individual full-time employment contract, may be employed in Romania with another employer, without an employment permit, only with an individual contract of part-time work, with a maximum of 4 hours per day.

Obtaining a long-stay visa
The visa application is submitted to the diplomatic missions or consular offices of Romania abroad, in
whose consular constituency the applicant has his domicile or residence.

The long-stay visa for work purposes is issued on the basis of the employment notice (pt. 1) obtained by the employer in Romania for the foreign citizen. The long-stay visa for employment isgranted to foreigners for the purpose of employment on the territory of Romania.

The visa granted for this purpose will also be issued to athletes who are going to perform in within some clubsor teams in Romania, based on a individual employment contract under the law.

Issue of residence permit for work purposes
The extension of the right of temporary residence and the issuance of the residence permit are granted to the foreigner who presents an individual full-time employment contract, registered in the general register of employees, from which it follows that the salary is at least at the level of the minimum gross salary. In the case of highly qualified workers, the salary must be at least twice the average gross salary.
The right of temporary residence for work purposes is extended for a period equal to the validity period of the employment contract, but not more than one year. Foreigners, highly qualified workers, are extended the right of temporary stay for work purposes for a period equal to the validity period of the employment contract plus 3 months, but not more than 2 years.
The holder of the residence permit has the obligation to have the document with him at all times, not to alienate it and to present it to the competent authorities whenever requested.

List of documents required to obtain employment permit for permanent worker to a legal entity employer:

Motivated request;
Evidence of the employer’s legal power of attorney, copy of the ID of the authorized person, declaration of acceptance of personal data processing;
The registration certificate at the Trade Registry Office, or the registration certificate in the Register of associations and foundations in copy and in original;
The ascertaining certificate issued by the Trade Registry Office, from which it can be seen that no mentions regarding the opening of the bankruptcy procedure were registered;
Fiscal attestation certificate issued by the public finance administration in whose territorial scope the employer has its corporate or professional headquarters or, as the case may be, the employer’s domicile, regarding the payment of obligations to the state budget at the end of the quarter ended before the submission of the application;
Certificate regarding the labor force available for the vacant job, issued no more than 60 days prior to the submission of the application for the employment permit by the employment agency in whose territorial radius the employer has its corporate or professional headquarters ;
Job sheet, employer’s organization chart with the presentation of filled and vacant positions;
Evidence of the publication of an advertisement for the occupation of the vacant job through mass media in Romania;
Firm offer of employment;
Copy of the minutes drawn up by the employer from which the selection results, carried out to fill the vacant job, as a resulte of the publication of the announcement, as well as the fact that the foreigner whom the employer intends to employ in the vacant job fulfills the conditions of professional training and work experience provided by the legislation in force for the occupation of that job;
The foreigner’s self-responsible declaration that he is medically fit to be employed and that he has minimal knowledge of the Romanian language;
Curriculum vitae of the foreigner and two 3/4 photos of the foreigner, which may also contain the foreigner’s declaration on his own responsibility that he is medically fit to be employed and that he has minimal knowledge of the Romanian language or a language of international circulation;
The authorization document required by law (when applicable);
The foreigner’s criminal record or other document with the same legal value issued by the authorities of the country of origin or residence, translated and legalized;
Criminal record of the employer;
Copy of the foreigner’s valid border crossing document.

We have extensive experience in obtaining employment permits and we treat each request with seriousness and commitment.