Law

Emergency Services

Divorce By Romanian Law

Marrying A Romanian

Parental Responsibility By Romanian Law

Traffic Law

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Emergency Services

The local equivalent to the “999″ or “911″ emergency line in Romania is 112.  English-speaking operators are available.

Divorce By Romanian Law

Introduction

According to art. 38 Romanian Family Law there are 2 ways in ending a marriage through divorce:

friendly divorce by mutual agreement
justified divorce ( both parties guilt or defendant’s guilt).

Summary

For starting a divorce procedure one must fill a “Petition” with the court of the last common domicile in Romania if at least one of spouses still resides in the jurisdiction of the court of last common domicile. If not, the “Petition” must be filled with the court of the defendant’s domicile if still in Romania, if not with the court of the plaintiff’s domicile.

The “Petition” sets forth one’s position on issues such as motives of the divorce, as names, as child custody, as child suport and/or spousal suport. To this application, the lawyer must add a series of documents and prouves of the payment of the judicial taxes.

If one wants to bring into discussions issues such as assets, he/she must specify it in his/her “Petition”, or later, after the divorce procedure ends.

If one have been served with such “Petition”, he/she must act quickly, because he/she has a limited time to file an “Answer” on his/her spouse with the court. The “Answer” is a document responding to the claims in the “Petition” and making claims of your own. The person who served the “Petition” may respond by serving and filling a “Reply”.

Marrying A Romanian

Marriages performed in Romania

  • The Government of Romania legally recognizes only civil marriage ceremonies that are performed in the City Hall or the Sector Office in the area where the Romanian citizen resides. Many couples also choose to hold a religious ceremony after the completion of the civil ceremony. The following documents are needed by the Vital Statistics Office of the Mayor’s Office to authorize marriage to a Romanian citizen: Certified copy of the foreigner birth certificate with a notarized translation in Romania (obtained from a Romanian notary) or, if the birth certificate is not available, a notarized statement given at a Romanian notary public summarizing the data in the foreigner’s passport and including the parents’ names (accepting such a statement in place of a birth certificate is at the discretion of the Romanian authorities).
  • Notarized statement (affidavit) that the foreigner citizen is free to marry, obtained at the foreigner’s Embassy in Romania.
  • Prenuptial Certificate (Health Certificate) for both the foreigner and the Romanian citizen, obtained from a clinic in the city where your marriage will take place.
  • Certified copy of proof of the termination of any and all previous marriages, with a translation in Romanian (i.e. divorce/annulment decrees, death certificates).

Marriages performed outside Romania The documents required for a foreign national wishing to marry a Romanian citizen at the Romanian Diplomatic Missions abroad, are the following:

  • Certificate issued by the Diplomatic Mission of the country which the foreign national belongs to, attesting the fact that the base conditions required by national law are accomplished and there is no impediment to the marriage;
  • Marriage Declaration authenticated by the Diplomatic Mission of the country which the foreign national belongs to, attesting the fact that this person never been married (containing, if necessary, the divorce sentence or the certificate of death of the ex spouse);
  • Copy of passport;
  • Copy of birth certificate, with a certified translation into Romanian;
  • Medical certificate attesting the state of health with particular remark that the foreign national is medically fit for marriage.

Parental Responsibility By Romanian Law

Introduction

The person with parental responsibility to a child owes that child certain obligations and has certain rights in relation to the child regarding the person and the property of that child.

Summary

By Romanian Law, the both parents of a child have parental responsibility automatically. ( art. 98 (1), Family Code)

In case of the divorce, the Court has the obligation to take a decision regarding the minor child custody (art. 42, Family Code).
The divorced parent which has the child custody, has a say in the child’s life, and s/he has certain rights in relation to the child regarding the person and the property of that child.
The divorced parent which has not the child custody, has the right to establish a relationship with the child and has a say regarding to the education, professional training of the child. (art. 43, Family Code) He has not the right to establish the child domicile. The other parent can change the child’s surname or remove the child from the country without consulting the parent that has not the child custody.

However, whether or not a parent has parental responsibility, they have an absolute obligation to maintain their child financially.

Legal Provisions

Family Code

Article 8 of the European Convention on Human Rights

Traffic Laws

Romanian traffic laws are very strict.  The traffic police can confiscate any form of driver’s license or permit for 1-3 months and payment of fines may be requested at the time of the infractions.  Some examples when this might occur are failure to yield the right of way, failure to stop at a red light or stop sign, or failure to yield to pedestrians at crosswalks. While, in theory, drivers must yield to pedestrians at all marked pedestrian crosswalks, many of these are poorly maintained, difficult to see, and sometimes located in unexpected places for foreign drivers. Pedestrians must take extreme caution when crossing any road.

Romanian traffic laws provide for retention of a driver’s license by the police and possible imprisonment for driving under the influence of alcohol or for causing an accident resulting in injury or death. There is zero tolerance for driving under the influence of alcohol and police are required to give breathalyzer tests on the scene to all drivers involved in an accident. Refusal to take a breathalyzer test will result in criminal penalties regardless of whether or not alcohol was involved.

U.S. driver’s licenses are only valid in Romania for up to 90 days.  Before the 90-day period has expired, U.S. citizens must either obtain an international driving permit in addition to their U.S. driver’s license or a Romanian driver’s license.  If you have a UK (or other EU member state’s) driving license, an international driving permit is not normally required, but you should have this confirmed. It is also normal for the car, rather than the driver, to be insured. Wearing a seat belt is mandatory. Children under 12 years of age may not be transported in the front seat.

Unless otherwise marked with road signs, speed limits are as follows:

  • Inter-city traffic on highways
    • 130 km/hr for cars and motorcycles (80 miles/hr)
    • 110 km/hr for vans (65 miles/hr)
  • Urban traffic – 50 km/hr (30 miles/hr)
    Express and European roads

    • 100 km/hour for cars and motorcycles (60 miles/hr)
    • 90 km/hour for vans (55 miles/hr)
  • All other roads
    • 90 km/hr for cars and motorcycles (55 miles/hr)
    • 80 km/hr for vans (50 miles/hr)
  • Motor vehicles with trailers, and drivers with less than one year of driving experience have speed limits 20 km/hr (or 12 miles/hr) slower than those listed above.