Civil Law is probably the most vast legal area and constituites the starting point in the most diverse cases with factual and legal elements which are borrowed from many other legal fields.
In this context, practitioners in the field of civil law tend to distinguish between ”pure Civil Law”, learned while attending law school, and ”specialised Civil Law”, meaning – as far as we are concerned – a corollary of the civil law principles, as applied to the legal relationships revealed by the modern society.
The lawyers working within Costaș, Negru & Asociații, although they prefer the dinamic field of specialised Civil Law, currently and successfully manage both litigation and requests for legal advice in the following areas under general Civil Law:
Real Estate Law:
– legal issues related to patrimony: patrimonial transmissions, establishment of dedicated assets, subrogation, joint guarantee of the creditors;
– the defense of the right to private property and its dismemberments through claim and other protective legal actions;
– legal issues stemming from neighborhood relations and from the right of joint ownership, including the disolution of the right of joint ownership through partition, limits of the exercise of the right of private ownership;
– artificial real estate accession and carrying out construction work on another person’s property;
– adverse posession under the Old and the New Romanian Civil Code;
– legal issues arising from the acquisition of property rights under special laws (Law no. 18/1991, Law no. 112/1995, Law no. 10/2001, Law no. 550/2002 etc.), obtaining compensation under special laws;
– land registration issues, including land registry corrections and complaints;
– mortgage and personal guarantees, autonomous guarantees.
Inheritance Law:
– drafting wills;
– legal assistance in the succession procedure before the notary public (acceptance and weiver of the inheritance, establishing inheritance rights within the legal or testamentary inheritance);
– debating the succesion before a court of law, inheritance partition.
Obligations:
– legal representation in disputes regarding defects of consent at the time of the conclusion of contracts;
– legal representation in disputes regarding the annulment of legal acts and the disolution of subsequent legal acts, respectively the restoration of the previous legal situation;
– legal representation in disputes concerning simulated legal acts and the correct qualification of legal acts;
– legal representation in disputes regarding undue payment or unjust enrichment;
– legal representation in tort disputes, including in the defense of non-patrimonial rights, as well as disputes concerning contractual liability;
– application of remedies for non-execution of the contracts and legal representation in disputes regarding the execution, resolution, termination, restitution of benefits and the application of damages in the matter of civil and commercial contracts;
– legal issues deriving from the establishment of fiduciary trusts and joint obligations;
– debt recovery, including notifications in this regard; legal assistance within enforcement proceedings, legal representation within enforcement contestations;
– legal representation in indirect and revocable actions;
– debt assignments, contract assignments, subrogations and novations;
– legal assistance in issues related to the enforcement of debt compensation and ”debt to asset”.
Contracts:
– legal assistance and representation in negotiations conducted for the purpose of concluding or amending contracts;
– legal assistance and representation within the execution of civil and commercial contracts, including in the context of force majeure situations, analysis of the possibility and opportunity of unilateral termination of contracts;
– drafting and revision pre-contracts of sale, sales contracts, donations, exchange contracts, (sub)lease contracts, (sub)enterprise contracts, mandates, intermediation contracts, contracts for the commercialisation of touristic services, loan contracts, insurance contracts, life annuity contracts, settlements;
– legal representation in disputes regarding the adaptation, execution in nature or by equivalent, annulment, resolution, termination of contracts, including for obtaining compensation in the case of canceled or delayed flights.
Costaș, Negru & Asociații also provides legal services in areas such as:
– Issues regarding the limitation and the prescription period, for example their effctiveness in credit and mortgage contracts, the effects of the limitation period on the exercise of the substantive right to action;
– Private International Law Issues, such as providing legal advice on international wills, managing property and family issues with multiple extraneous elements.
The practice of our law firm in the matter of general civil law is diverse, but in a continuous process of evolution. Therefore, the Costaș, Negru & Asociații lawyers look forward to the challenges raised by our future clients.
