Month: September 2019

September 2019 - Quick Consulting

Arbitration a alternative dispute resolution private jurisdiction. In exercising this jurisdiction the parties and the arbitral tribunal may establish rules of procedure derogating from the general rules as long as they do not infringe the rules of public order.

Anyone with full exercise capacity can choose to settle disputes in this way. Exceptions are those causes excluded by law: marital status, capacity of persons, succession, family doctor, criminal, as well as the rights that the parties cannot have. The state and the public authorities can conclude arbitration conventions on the basis of international conventions, and the legal entities of public law that have in the object of activity economic activities can conclude conventions if the law does not prohibit them.

The arbitral tribunal

The arbitration may be organized by the arbitration agreement by one or more arbitrators. Generally 1 maximum 3 referees are chosen but never in number even. The arbitrator is chosen ad-hoc, by the method chosen by the parties, designated by a third party or each party chooses an arbitrator and they choose a 3rd superbiter who will be the president of the meeting. The arbitrator is invested in resolving the dispute and making a final and binding decision for the parties.

The tribunal is organized according to the arbitration convention, observing the imperative norms and rules of public order or according to the laws in force governing the arbitration.

The parties may establish that the arbitration be organized by a third party, in most cases a permanent arbitration institution is chosen.

The parties file applications and exercise the procedural rights personally, through a lawyer or they can be assisted by other specialists. In order to resolve any divergences regarding the arbitration procedure, the court in the constituency where the arbitration is organized will be notified, as well as the annulment of the arbitration decision.

The arbitrator can be any natural person, legal studies are not required. It is recommended to choose an arbitrator from the arbitration lists of the institutions or a professional in the field for example a lawyer.

The clauses that give one of the parties equitable advantages regarding the organization of the arbitration are void. Referees may be challenged in case of incompatibility.

Arbitration agreement

The written form is compulsory for validity under the sanction of invalidity. If it is concluded by correspondence it is validly concluded. In the case of disputes involving the transfer of property rights, the agreement is concluded in authentic form.

The arbitration agreement can be introduced in the form of a clause in the main contract or established in a different contract. The settlement of the dispute by arbitration excludes the use of other methods without the express agreement of both parties. The court will decline jurisdiction over arbitration but will retain it in the cases: the defendant has formulated his defenses without mentioning the arbitration agreement, the nullity of the arbitration convention, the court cannot be constituted by causes attributable to the defendant in arbitration.

Arbitration a alternative dispute resolution Procedure

The applicant submits an application to the arbitral tribunal communicating a copy to the defendant from the arbitration request. Within 30 days, the defendant shall submit a copy to the applicant together with a possible counterclaim.

The trial is conducted according to the normal procedures if the parties did not derogate from them without affecting the rules of public order.

The triunal checks the file and verifies its competence. The absence of a party does not prevent the settlement of the case. Evidence is administered and insurance measures are taken if appropriate. Each session can be attacked separately with action in the annulment.

The arbitration expenses are borne proportionally by the defendant and the applicant or the interested party. The arbitration decision establishes the final expenses and to what extent they are borne by the parties.

Arbitration a alternative dispute resolution Decision

The arbitral tribunal resolves the dispute through a decision by which the arbitrators are divested. The decision, completion and rectification of the decision may be requested by either party within 10 days.

Hotararea se comunica partilor ce pot ataca hotararea cu actiune in anulare pentru motivele:

the litigation was not susceptible to arbitration
the absence of an arbitration agreement
the arbitral tribunal was not constituted in accordance with the arbitration convention
the party was missing at the deadline at which the debates took place, and the summons was not legally fulfilled
the decision was pronounced after the deadline
the decision violates the rules of public order
the court ruled on some things that were not requested
The arbitral decision does not include the device and the reasons, date and place or signature of the arbitrators
if after the ruling the Constitutional Court has ruled on an exception related to the case

The arbitral decision is final and exempt from pronouncement like any other decision.

September 2019 - Quick Consulting

Romania is a party to the Convention for the Settlement of Investment Disputes between States and Persons of Other States,(ICSID dispute resolution) concluded in Washington in 1965, known as the ICSID (International Center for Settlement of Investment Disputes) Convention. The Convention regulates the operation and establishment of the International Center for the settlement of relative investment disputes (ICSID in English). The convention contains regulations regarding the procedure of settlement by arbitration or by conciliation of the disputes related to investments. The rules of procedure are explained by the regulations approved by the Board of Directors, the most important being the Arbitration Regulation which explains the rules based on which the arbitration litigation is carried out and contains all the guidance elements necessary for the management of an arbitration litigation. The ICSID Convention and Regulations are posted on the ICISD portal.

Foreign investors can settle disputes with the state by notifying ICSID; for ICSID dispute resolution; through an arbitration request. Investor citizenship is not important, for example, the famous Micula case in which these claimants were Romanian citizens but they invested money obtained abroad.

The arbitration request must have a certain form and contain information such as: the data of the parties, the litigant state, evidence, supporting documents, etc. The application must be submitted to the Secretary-General in five copies, and the party who submitted it may unilaterally withdraw.

September 2019 - Quick Consulting

If you are a citizen of a non-EU / EEA state, you have a valid residence right in Romania and you want to obtain a LONG TERM STAY IN ROMANIA – Residence, you must meet certain conditions. The steps to follow are: request the granting of the right of long-term residence to the territorial formations of the General Inspectorate for Immigration in the county in which you live, and if the answer is positive, submit the documents for obtaining the long-term residence permit.

You can obtain this right both as a family member of a Romanian citizen and for another purpose of staying in Romania (for example: work, commercial activities, family reunion, etc.).

 
The long-term residence permit is valid for 10 years if you are a family member of a Romanian citizen and for 5 years if you have a regulated residence in Romania for the other purposes provided by law.

Conditions for granting a long-term stay

In order to obtain the right of long-term residence, you must have had a continuous residence on the Romanian territory for the last 5 years. The stay is considered continuous when the period of absence from the territory of Romania is less than 6 consecutive months and does not exceed 10 months in total and if no removal measure has been ordered against you from the national territory.

Also, the period for which you traveled abroad in order to carry out international transport activities and for which you can present evidence in this regard, is not considered absent from the Romanian territory.

The period of stay for study purposes is calculated in half for the long-term residence and the stay granted by the short-stay visa, diplomatic or service visa and the one obtained for activities as a seasonal worker or an au pair are not taken into account.

See the full list of conditions for granting permanent residence and their exceptions.

You cannot receive a long-term right to stay in Romania if you fall into one of the following categories:

you have a right of temporary residence for studies,
are you asylum seeker or beneficiary of temporary humanitarian protection or do you have temporary protection of the Romanian state,
you are in Romania with the short stay visa or the visa / right of residence granted by the diplomatic or service visa.
You have a right of residence obtained as a seasonal worker or an au pair.

The documents necessary to obtain the right of long-term stay

The first step to establishing your domicile in Romania is to obtain the right of long-term residence. In this regard, you must submit the following documents:

• request;
• the border crossing document (passport, travel document, etc.) in copy and original;
• supporting documents regarding the living space (copy and original);
• proof of social health insurance;
• proof of means of maintenance (family members of Romanian citizens are excluded);
• the criminal record certificate issued by the Romanian authorities;
• civil status documents (if applicable);

You can only apply for the long-term right of stay for minors only if you have been granted this right. In this regard, you must submit the following documents:

• request;
• the border crossing document (passport, travel document, etc.) in copy and original;
• supporting documents regarding the living space (copy and original);
• the birth certificate translated and over-legalized / apostilated (depending on the issuing state of the document);
• the consent in the authentic form of the parent who has no long-term right to stay in the territory of Romania.

Applications for granting the right of long-term residence will be resolved within a maximum of 6 months, and for objective reasons this period can be extended by another 3 months, with the notification of the applicant. You will receive the reply in writing within 15 working days of the request being resolved.

If the answer is positive, within 30 days after receiving the communication, you must submit the documents necessary for issuing the long-term residence permit at the territorial formation of the General Inspectorate for Immigration where the application was registered.

The refusal to grant the right of long-term residence, as well as the reasons underlying it, shall be communicated in writing to the applicant, within 15 working days of the request being resolved. The refusal to grant the right of long-term residence can be challenged within 30 days from the date of communication, at the Bucharest Court of Appeal. The refusal to grant the right of long-term residence does not produce legal effects on the right of residence of the request holder.

Documents required for issuing the long-term residence permit:

Documents required for the renewal of the long-term residence permit:

• request;
• the border crossing document (passport, travel document, etc.) in copy and original;
• supporting documents regarding the living space (copy and original);

-taxes .

If you are the holder of a long-term right to stay in Romania, you will enjoy equal treatment with Romanian citizens, according to the law, as follows:

you can work in the territory of Romania without a work permit, based on an individual employment contract approved by the Territorial Labor Inspectorate.
you have access to all forms and levels of education and training, including the award of scholarships, the equivalence of studies and the recognition of diplomas, certificates, attestations of competence and professional qualifications,
enjoy social security and protection, medical and social assistance,
you benefit from global income tax deductions and tax exemptions,
you have access to public goods and services, including housing, freedom of association, affiliation and membership of a trade union or professional organization.

Proof of living space (copy and original);

• proof of social health insurance;
• proof of means of maintenance (family members of Romanian citizens are excluded);
• the criminal record certificate issued by the Romanian authorities;
• civil status documents (if applicable);
  Documents required for the renewal of the long-term residence permit:
• request;
• the border crossing document (passport, travel document, etc.) in copy and original;
• supporting documents regarding the living space (copy and original);

-taxes .

If you are the holder of a long-term right to stay in Romania, you will enjoy equal treatment with Romanian citizens, according to the law, as follows:

you can work in the territory of Romania without a work permit, based on an individual employment contract approved by the Territorial Labor Inspectorate.
you have access to all forms and levels of education and training, including the award of scholarships, the equivalence of studies and the recognition of diplomas, certificates, attestations of competence and professional qualifications,
enjoy social security and protection, medical and social assistance,
you benefit from global income tax deductions and tax exemptions,
you have access to public goods and services, including housing, freedom of association, affiliation and membership of a trade union or professional organization.

The right of long-term residence ceases in the following situations:

in case of cancellation or revocation;
in the case of obtaining a long-term right of residence in the territory of another state;
in the case of absence from the territory of the Romanian state for a period of more than 12 consecutive months, except in the case in which, during this period, you have enjoyed a right of temporary residence in a Member State of the European Union;
in the case of absence from the territory of the Romanian state for a period of more than 6 consecutive years, even if during this period you have enjoyed a right of temporary residence in a Member State of the European Union;
on demand;
on acquiring Romanian citizenship;
in the case of absence from the territory of the Member States of the European Union, the European Economic Area or the Swiss Confederation, for a period of more than 2 consecutive years, of the long-term resident, holder of a long-term residence permit with the mention «former owner the EU Blue Card », or its family members who have been granted long-term resident status;
in case of cancellation of international protection in Romania, and the right of long-term stay was obtained as such.
In the situation where the right of long-term stay will cease under the conditions of art.70 par. (3) lit. b), c) or d) of GEO 194/2002 regarding the regime of foreigners in Romania, and you are in the territory of Romania, within 30 days from the date of communication, you can request the issuance of a temporary residence permit for the purposes and conditions provided in GEO 194/2002 with subsequent amendments and completions (details in the Legislation section).

If the right of long-term residence has ceased to exist under the conditions of art.70 par. (3) lit. b) – d) of GEO 194/2002 with the subsequent modifications and completions, you may be granted a new long-term right of residence, under the conditions of the emergency ordinance, after a legal and continuous stay in the territory of Romania for 12 months.

The long-term right of residence of a former EU Blue Card holder does not cease if the foreigner can prove that he was absent from the territory of the Member States of the European Union, the European Economic Area or the Swiss Confederation, in order to exercise a economic activity as a paid employee or self-employed person, to work as a volunteer or to study in the country of origin.

September 2019 - Quick Consulting

Submission of the application

Steps to obtain citizenship start with the application for granting Romanian citizenship is submitted personally or, in duly justified cases, on the basis of a prior written approval, through a special and authentic proxy representative at the headquarters of the National Authority for Citizenship in Bucharest.

After the application is submitted, the president of the Citizenship Commission, by resolution, sets the deadline for the Commission for Citizenship to verify the fulfillment of the conditions necessary for granting the Romanian citizenship, while also requesting relations to verify the fulfillment of the conditions provided by art. 8 paragraph (1) lit. b) and e) of the Law of Romanian citizenship. In case the lack of documents necessary to solve the request is found, the President of the Commission requests, by resolution, the filling of the file.

Resolution of the request by the Citizenship Committee

At the deadline set for the debate of the application, the Citizenship Commission verifies the fulfillment of the conditions necessary for granting the Romanian citizenship, except for the conditions stipulated in art. 8 paragraph (1) lit. f) and g) of the Law of Romanian citizenship. In case the conditions for granting Romanian citizenship are met, the Commission establishes, within a term that will not exceed 6 months, the person scheduling the interview for the verification of the conditions stipulated in art. 8 paragraph (1) lit. f) and g) of the Law of Romanian citizenship.

According to art.161 of the Law of Romanian citizenship, in case the person who has applied for Romanian citizenship is investigated in a criminal case, the Citizenship Commission may order the suspension of the procedure for granting Romanian citizenship until the end of that case, if there are no other reasons for rejecting the request.The interview

The interview

The Commission for Citizenship verifies the fulfillment of the conditions for granting Romanian citizenship, respectively the applicant’s knowledge of the Romanian language (written and read), of elementary notions of Romanian culture and civilization, to a sufficient extent to integrate into the social life, as well as the knowledge of the provisions Constitution of Romania and national anthem.

Report of the Commission

If the applicant is declared admitted to the interview, the Commission will prepare a report mentioning the meeting of the legal conditions for granting Romanian citizenship.

In case the conditions required by law for granting citizenship are not fulfilled, as well as in case of not promoting the interview or of not presenting, in an unjustified way, to its support, the Commission, in a reasoned report, proposes to the President of the National Authority for Citizenship to reject the request.

Issue of the order of the President of the National Authority for Citizenship

The president of the National Authority for Citizenship, noting that the conditions provided for by the provisions of the Romanian Citizenship Law are fulfilled, issues the order granting Romanian citizenship, an order that is communicated to the applicant by registered letter with acknowledgment of receipt, within 3 days from the date of issuing the order.

If the president of the National Authority for Citizenship finds that the conditions stipulated by the Romanian Citizenship Law are not met, he will proceed to reject by order the request for granting Romanian citizenship, an order that is communicated immediately to the applicant, by registered letter with acknowledgment of receipt .

The order of the president of the National Authority for Citizenship rejecting the request for granting Romanian citizenship can be appealed, within 15 days from the date of communication, to the Administrative and Fiscal Contentious Section of the Bucharest Court. The decision of the court can be appealed with the appeal of the Administrative and Fiscal Contentious Section of the Bucharest Court of Appeal.

Taking the oath

Romanian citizenship is granted on the date of the oath of faith to Romania.

Within 6 months from the date of communication of the order of the President of the National Authority for Citizenship granting Romanian citizenship, the persons to whom the Romanian citizenship was granted will take the oath of faith towards Romania. In duly justified cases, this period may be extended once, if the request for extension is made before its fulfillment and is accompanied by supporting documents.

The oath of faith is submitted in solemn sitting before the Minister of Justice or the President of the National Authority for Citizenship or one of the 2 Vice-Presidents of the delegated authority in this regard and has the following content: “I swear to be devoted to the country and to the Romanian people, to defend the rights and national interests, to respect the Constitution and the laws of Romania. “

After taking the oath, the Citizenship Commission issues to the holder the Romanian citizenship certificate, signed by the president of the National Authority for Citizenship. The certificate contains security features and the holder’s photograph is applied.

Failure to take the oath of faith, for reasons attributable to the person who obtained the Romanian citizenship, within the legal term of 6 months, attracts the effects of the order granting the Romanian citizenship to the person concerned.

The person who dies before taking the oath of faith with Romania is recognized as a Romanian citizen, at the request of his legal successors, from the date of issuing the order of the president of the National Authority for Citizenship granting Romanian citizenship, to be issued the citizenship certificate by the Commission for citizenship. The application can be submitted within one year from the date of death of the holder of the application for granting Romanian citizenship.

The person who cannot take the oath of faith against Romania due to a permanent disability or a chronic illness obtains the Romanian citizenship from the date of issuing the order of the president of the National Authority for Citizenship granting Romanian citizenship, based on the request and the medical documents, transmitted in this sense, personally or through the legal or conventional representative with a special mandate, until the completion of the procedure for granting Romanian citizenship.

The request addressed to the Citizenship Commission regarding the issuance of the citizenship certificate can be made within one year from the date of taking notice of the term of taking the oath of faith. Failure to submit the application within one year will entail the termination of the order of the president of the National Authority for Citizenship granting Romanian citizenship.

September 2019 - Quick Consulting

Ways of acquiring Romanian citizenship is acquired through:

birth;
adoption;
granting on request.

Acquiring Romanian citizenship by birth

The children born on the territory of Romania, from parents of Romanian citizens, are Romanian citizens.

There are also Romanian citizens who:

they were born on the territory of the Romanian state, even if only one of the parents is a Romanian citizen;
were born abroad and both parents or only one of them has Romanian citizenship.
The child found on the territory of the Romanian state is a Romanian citizen, if none of the parents is known.

Romanian citizenship is acquired by the foreign citizen child or without citizenship by adoption, if the adopters are Romanian citizens, and the adoptee has not reached the age of 18 years.

Acquiring Romanian citizenship upon request

Romanian citizenship can be granted, upon request, to the person without citizenship or to the foreign citizen, if he fulfills the following conditions:

was born and resides, at the date of the application, in the territory of Romania or, although not born in this territory, resides in the conditions of the law on the territory of the Romanian state for at least 8 years or, in case he is married and lives with a Romanian citizen, for at least 5 years from the date of marriage;
proves, by behavior, actions and attitude, loyalty to the Romanian state and declares that it does not undertake or support and in the past it has not taken or supported actions against the law order or national security;
has reached the age of 18;
has legal means in Romania for a decent existence, under the conditions established by the legislation regarding the foreign regime;
he is known with good behavior and has not been convicted in the country or abroad for an offense that makes him unworthy of being a Romanian citizen;
knows the Romanian language and possesses elementary notions of Romanian culture and civilization, to the extent sufficient to integrate into the social life;
knows the provisions of the Romanian Constitution and the national anthem.
The approval of the requests for granting or regaining the Romanian citizenship is done by a decision of the Government which, in this regard, appreciates the proposals of the Minister of Justice.

The request for granting the Romanian citizenship is made personally or, in duly justified cases, by a proxy with a special and authentic power of attorney and will be accompanied by documents proving the fulfillment of the legal conditions.

The request for granting the Romanian citizenship is addressed to the commission for ascertaining the conditions for granting the citizenship, which works next to the Ministry of Justice.

The Commission orders, at the expense of the petitioner, the publication in the extract of the request for granting Romanian citizenship in the Official Monitor of Romania.

The commission’s examination of the request can only be made after 30 days have passed since its publication.

The person who is granted Romanian citizenship, with domicile in the country, submits within 6 months, in front of the Minister of Justice or the Secretary of State delegated for this purpose, the oath of faith towards Romania.

The person who obtained the Romanian citizenship by maintaining his domicile abroad, will take the oath of faith in front of the head of the diplomatic mission or consular office of Romania in the country where he resides.

Romanian citizenship is acquired on the date of depositing the oath of faith.

After taking the oath, the Minister of Justice or the head of the diplomatic mission or consular office will issue to the person to whom the Romanian citizenship has been granted a certifying certificate on which the photograph is applied to the holder. In case the minor children acquire the Romanian citizenship together with the parents, they will be registered in the certifying certificate.

Loss of Romanian citizenship

Romanian citizenship is lost through:

withdrawal of Romanian citizenship
approval of renouncing Romanian citizenship
in other cases provided by law

September 2019 - Quick Consulting

Question: My parents are from Iraq and want to obtain Romanian citizenship. I need a lawyer to help me with this. What is the legal procedure, please?

Answer: Our law firm offers representation and legal advice in order to obtain or regain Romanian citizenship. At the same time, our lawyers deal with obtaining the civil status documents, as well as any other documents, from all over the Romanian territory, for completing the file for obtaining Romanian citizenship. We provide representation when completing, submitting and removing the file.

Romanian citizenship can be acquired in the following ways: birth, adoption and granting on request.

We will exemplify in the following the acquisition of the Romanian citizenship on demand or its regaining by the people who lost it before December 1989.
 
Romanian citizenship is granted upon request to the person without citizenship or to the foreign citizen, if he fulfills the following conditions:
 
a) was born and domiciled, at the date of the application, in the territory of Romania or, although not born in this territory, he resides in the conditions of the law in the territory of the Romanian state for at least 8 years or, if he is married and he lives with a citizen Romanian, for at least 5 years from the date of marriage;
 
b) demonstrates, by behavior, actions and attitude, loyalty to the Romanian state, does not take or support actions against the law order or national security and declares that it has not taken such actions in the past;
 
c) he was 18 years old;
 
d) has legal means in Romania for a decent existence, under the conditions established by the law regarding the regime of foreigners;
 
e) is known with good behavior and was not convicted in the country or abroad for an offense that makes him unworthy of being a Romanian citizen;
 
f) knows the Romanian language and possesses basic notions of Romanian culture and civilization, to a sufficient extent to integrate into the social life;
 
g) knows the provisions of the Romanian Constitution.

The terms provided in par. 1 bed a) can be reduced by up to half if the applicant is an internationally recognized personality or has invested in Romania amounts in excess of 500,000 euros.

Gaining citizenship

Question: I left the country before ’89 and lost my Romanian citizenship. How can I get it back, is the process complicated? I plan to return to the country.

Answer: The recapture of Romanian citizenship by the former Romanian citizens who, before December 22, 1989, lost their Romanian citizenship for reasons not attributable to them or this citizenship was lifted without their will, and their descendants up to the degree I can recover. or they can be granted Romanian citizenship, upon request, with the retention of foreign citizenship and residence in the country or with their stay abroad, if they meet the conditions:

a) demonstrates, by behavior, actions and attitude, loyalty to the Romanian state, does not take or support actions against the law order or national security and declares that it has not taken such actions in the past;
b) he is 18 years old;
c) is known with good behavior and was not convicted in the country or abroad for an offense that makes him unworthy of being a Romanian citizen;
d) knows the Romanian language and possesses basic notions of Romanian culture and civilization, to a sufficient extent to integrate into the social life;

Procedure for obtaining citizenship

We present the procedure for acquiring Romanian citizenship:
The request for granting Romanian citizenship is addressed to the commission for ascertaining the conditions for granting the citizenship, which works with the Ministry of Justice. The examination of the request by the commission can only be made after the 30 days from the date of its publication.
 
In order to resolve the request, the commission may have:
a) inviting the petitioner to complete the documents, for any explanations, as well as for the interview. Its unjustified non-presentation at two consecutive terms attracts the rejection of the unsupported request;
b) requesting relations from any authorities;
c) quotation of any person who could give useful information.

Our law firm has extensive experience in obtaining or regaining Romanian citizenship. Our lawyers in Bucharest will provide you with the necessary assistance in order to complete the process of acquiring Romanian citizenship and obtaining a Romanian passport. Call us for legal advice.

September 2019 - Quick Consulting

This article will include regulations, calculation, payment and penalties for non-payment of the maintenance alimony (called food penises by strangers). We will also include indications about international relations, when one of the spouses is abroad or is a foreign citizen

Alimony Regulations

In general, the maintenance pension is due: the parents of the minor or their child of maximum 26 years who is in a form of education, of children compared to the parents in need, between spouses in certain conditions, or between brothers and sisters.

Alimony for child

Alimony for child is due by the parent who does not take care of the minor. It doesn’t matter if the parents were married or not. The maintenance pension is required in the divorce procedure, nobody can give up the right to receive the maintenance pension because it is not the right of the parent, it is a right of the child.

 It can also be established by good understanding without the need for a convention or other procedure. In the divorce procedure, the competent body decides on the amount of the maintenance pension. The enforceable title is only the court decision. That is, the notary establishes the maintenance pension, and with that conclusion one cannot go to the executor. If the parents were not married, it is compulsory to file a claim in court for establishing a maintenance pension. Pension amount of “up to 1/4” of all net income. Up to 1/4 means that it can be set even less depending on certain aspects. In order to obtain a higher amount or to prove that you cannot pay a quarter and you have to pay less for certain reasons, we recommend contacting a lawyer to make sound defenses.

 The request for legal action is filed according to the general rules of jurisdiction of the Romanian courts. </p>
 If the parent obliged to pay the maintenance pension has no income he must pay a percentage of the minimum wage on the economy. When the minimum wage on the economy increases, a process for increasing the maintenance pension must be introduced.

Payment of the alimony

The methods of payment can be varied: you can pay an upfront amount or periodically in the form of installments. The payment is due from the introduction of the application or from the date of the judgment decision, depending on how the request for appeal is formulated in court.
In the case of minors it is due to the number of children: up to
¼ of the monthly income for a child;
⅓ from the monthly income for two children;
½ of the monthly income for three or more children.

International relations

Parental left with the child abroad – This is the easiest case. An action is brought before the Romanian courts without having importance where the defendant is. It must be quoted at the address where it lives, and the income will be tracked during the trial. If you cannot come to the country you can contact a lawyer to handle everything, later with the decision the defendant will be obliged to transfer the maintenance pension to the account or by other methods of transferring the money abroad.

The parent is obliged to pay the pension abroad – in this case the applicant must have the address from Romania but also from abroad to facilitate the court procedure. The calculation of the pension will be established at the income of the defendant from abroad.
Foreign citizen parent – if the minor is a Romanian citizen, the state has an interest in protecting it, and the competence is of the Romanian courts. The procedure is the usual one.

Reduction of the maintenance pension

If your income is lowered for certain reasons: job loss, lowering your salary, or situations that change your initial financial status, for example, maintenance people appear, you are required to pay the same amount until you make a process to request a reduction in your obligations.

Increase maintenance pension

If the parent obliged to pay the maintenance pension escapes the obligations that prevailed to obtain the payment of the lower maintenance pension or started to earn more money, he cannot be obliged to pay a higher maintenance pension than after winning a trial in front of the competent court.

Penalties for non-payment of the maintenance pension

The court decision is an enforceable title after it becomes final, after which you can go to a lawyer to help you with the file for forced execution.

  Another option is a criminal complaint for committing the offense of family abandonment. Provided that the payment is not executed for 3 months in a row with bad faith. If, until the end of the criminal proceedings, the obligation can be waived, the action can be waived.

Other situations

I mentioned at the beginning other situations in which the maintenance pension must be paid, and now we will detail them briefly:
Children owe a maintenance pension to parents who are in need. Parents who can no longer take care of themselves can force children to help them through a process. The spouse is required to maintain and after the marriage ceases in exceptional situations: the divorced husband is entitled to maintenance, if he is in need because of a work incapacity that occurred before marriage or during marriage. He is entitled to maintenance even when the incapacity arises within one year of the marriage, but only if the incapacity is caused by a circumstance in connection with the marriage. Between relatives on the direct line, brothers and sisters are provided with the maintenance obligation if one is in a state of inability or inability to maintain himself.