In the Romanian legal system, the statement of claim is a fundamental tool through which a claimant can exercise their rights before the courts. Article 194 of the Civil Procedure Code outlines the essential requirements of this claim, establishing clear and precise conditions that must be met for it to be admissible.
- Contents of the Statement of Claim
According to Article 194, the statement of claim must contain the following elements:
- Identification of the Parties: Full names, domicile or residence of the parties involved, as well as the name and registered office of legal entities. It should also include the personal identification code, unique registration code, and bank account of the claimant and defendant if known. If the claimant resides abroad, they must specify a chosen address in Romania for correspondence.
- Representation: If a party is represented, the claim should include the name and capacity of the representative and proof of their authorization, in accordance with Article 151.
- Object of the Claim: The claimant must specify the object of the claim, its value (if it is financially quantifiable), and the method for calculating the value, taking into account specifics such as immovables, if applicable. This aspect is governed by Articles 104 and 195.
- Reasons for the Claim: The claimant must state the factual and legal grounds of the claim, ensuring transparency and clarity in the process.
- Evidence: The claimant must present evidence supporting each claim. If the evidence is in writing, the provisions of Article 150 apply.
- Signature: The claim must be signed by the claimant or their representative.
- Number of Copies and Nullity of the Claim
Article 195 emphasizes that the statement of claim must be submitted in the necessary number of copies to ensure proper communication with all involved parties.
- Nullity of the Statement of Claim
A claim lacking essential elements, such as the names of the parties, the object of the claim, or the signature, will be deemed null. However, the absence of a signature may be rectified during the proceedings, thereby safeguarding the right to defense.
- Stamp Duty
Article 197 states that, if the claim is subject to stamp duty, proof of payment must be attached to the claim. Failure to pay or insufficient payment may result in the dismissal of the claim.
- Cumulative Claims
According to Article 198, the claimant may include multiple primary claims against the same person, which can facilitate a more efficient and faster trial.
- Registration of the Claim
The claim, submitted either personally or through a representative, will be registered and assigned a date by the entry stamp.
The statement of claim is an essential component of the civil process, with precise regulations that ensure the rights of all parties involved are respected. Compliance with these legal requirements not only facilitates the proper conduct of the proceedings but also reinforces confidence in the Romanian justice system. In this context, individuals intending to file such a claim are advised to consult a specialized attorney to ensure all legal conditions are met.
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