ROMANIA Law and Practice Contributed by: Cosmin Vasile and Alina Tugearu, Zamfirescu Racoți Vasile & Partners Attorneys At Law
2.5 Types of Costs Considered Under Third-Party Funding The costs funded will be outlined in the agree- ment between the third party and the beneficiary, and will vary depending on the object matter, the value of the matter, etc. A third-party funder usu- ally covers costs such as stamps and legal fees. 2.6 Contingency Fees The legal provisions regulating the relationship between lawyers and clients forbid a pactum de quota litis. However, the parties to the legal assistance contract are free to set any combi- nation of fixed or hourly fees and success fees, with the latter being due only if a certain result is reached. 2.7 Time Limit for Obtaining Third-Party Funding The legal provisions do not impose any time lim- its for a party to the litigation to obtain third-party funding. In particular cases expressly established by the law, preliminary procedures are compulsory. Typically, these procedures will involve concilia- tion (for example, in administrative disputes) and an inquiry before a notary public (for example, in inheritance disputes), and proof of completion of these procedures will be required to accom- pany the court action. The potential defendant is not obliged to respond to an invitation to con- ciliation, so there are no penalties for failing to comply. In such a case, the mere invitation to conciliation will be proof of the fulfilment of the pre-trial conciliation procedure requirements. 3. Initiating a Lawsuit 3.1 Rules on Pre-action Conduct
In addition, contracting parties may agree that preliminary procedures are to be followed in advance of any litigation. 3.2 Statutes of Limitations The purpose of a statute of limitations is to pro- tect the material right of action. In general, claims with a pecuniary object are subject to a statute of limitations. In civil cases, the time limits for bringing a claim vary according to the nature of the claim and the subjective right on which the claim is based. Generally, these limits are set for a period of six months to ten years, with a term of three years being the most common. Time limits are treated as a substantive law matter. The statute of limitations does not operate ex officio; rather, the objection of limitation can only be invoked within the applicable terms (which differ based on the category of the right) before the first court, no later than at the first court hearing. During the course of the limitation peri- od, several judicial or factual events may cause the suspension or interruption of the limitation period. 3.3 Jurisdictional Requirements for a Defendant A claim may be initiated against a person who has capacity to stand trial (ie, the person is capable of having rights and exercising those rights). If a natural person has the capacity to have rights, the person must be alive; if a legal person has the capacity to have rights, the com- pany must be properly registered with the trade registry. Natural persons have the capacity to exercise their rights when they turn 18 years old. A natural person between the ages of 14 and 18 must be assisted in a court, while a natural person under the age of 14 must be represented in court by their legal guardian.
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