ARTICLE · 14 OCTOBER 2011

Changes To The Romanian Civil Code: Statute Of Limitations

CMS Cameron McKenna Nabarro Olswang

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On 1st October 2011, the Romanian New Civil Code ("NCC") entered into force. It applies to agreements entered into and situations occurring after 1st October 2011.

RomaniaLitigation, Mediation & Arbitration

Florin Dutu

Andrei Cristescu

On 1st October 2011, the Romanian New Civil Code ("NCC") entered into force. It applies to agreements entered into and situations occurring after 1st October 2011.

The NCC significantly amends the previous 1864 Civil Code with regards to limitation periods ("LP"s) – the period of time within which court action must be commenced.

The most important change is that the parties to an agreement are now allowed to decide on the LP to be applied to their legal proceedings related to that agreement. Before the NCC, the LP was provided by law and any attempt to vary it would have led to the annulment of such clause.

Parties to an agreement may now decide how long after an event has occurred they can start a legal proceedings. The parties may also set out on which occasions such time period should start, be suspended or interrupted. However, the parties will not be allowed to transform, either directly or indirectly, an unlimited LP into a limited one, nor vice versa.

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