If you’re a foreign national or company involved in a legal dispute in Romania, navigating the civil litigation process can be intimidating. Whether you’re trying to recover a debt, resolve a contractual disagreement, or protect your property rights, the Romanian legal system may differ significantly from what you’re used to.
This article provides a practical overview of civil litigation in Romania, specifically for foreign plaintiffs who want to understand their rights, challenges, and how to move forward effectively.
What Is Civil Litigation in Romania?
Civil litigation in Romania refers to the legal process for resolving non-criminal disputes between individuals, companies, or institutions. Common areas of civil litigation include:
- Contract disputes
- Real estate or property conflicts
- Inheritance and succession cases
- Debt recovery
- Employment and labor disagreements
- Tort claims (damages, personal injury)
The Romanian civil court system is based on the Civil Procedure Code, and proceedings are handled in writing, with oral hearings held at key stages.
Can Foreigners File a Civil Lawsuit in Romania?
Yes. Foreign individuals and legal entities have the same right to file a civil lawsuit in Romania as Romanian citizens or companies. However, there are a few considerations:
- You must have standing, meaning a direct legal interest in the case.
- Jurisdiction must lie with a Romanian court (more on that below).
- All documents must be submitted in Romanian or accompanied by certified translations.
The courts do not offer interpreters by default, so hiring a bilingual lawyer is highly recommended.
How Do You Determine Jurisdiction?
Jurisdiction in civil litigation in Romania depends on several factors:
- The defendant’s domicile or headquarters – typically, lawsuits are filed where the other party is based.
- Contractual clauses – if the contract includes a choice-of-forum clause, Romanian courts may have jurisdiction.
- Location of the disputed property – for real estate cases, the court where the property is located has authority.
Cross-border disputes within the EU may also involve Brussels I Regulation rules, which help determine which country’s courts should hear the case.
Key Steps in a Romanian Civil Lawsuit
The process usually follows these main stages:
- Filing the complaint (cerere de chemare în judecată)
Your lawyer submits the claim to the competent court, including all supporting evidence and documents. - Response from the defendant
The opposing party has the right to respond and may file counterclaims. - Preliminary phase
The court may request clarifications, documents, or appoint experts. - Hearings and trial
Oral hearings take place before a judge, where each side presents their arguments and witnesses. - Decision and appeal
The court issues a written judgment, which can be appealed within a fixed time frame.
Many cases in Romania can take 12–24 months from start to finish, depending on complexity and appeals.
How to Strengthen Your Case as a Foreign Plaintiff
To increase your chances of success, foreign plaintiffs should:
- Work with a lawyer in Romania experienced in civil litigation and fluent in English.
- Ensure all documents are translated and legalized as needed.
- Maintain clear written evidence (contracts, emails, bank transfers).
- Respond promptly to court requests and deadlines.
- Understand the costs, including court fees, translation, and legal representation.
Your lawyer can also handle communication with the court, monitor procedural deadlines, and represent you if you can’t attend hearings in person.
Alternatives to Litigation: Is Mediation Worth Considering?
Romanian law allows and sometimes encourages mediation in civil matters. This is a voluntary process where a neutral third party helps the sides reach a settlement without a formal trial.
Benefits include:
- Lower costs
- Faster resolution
- Confidentiality
- Preservation of business or personal relationships
While mediation isn’t mandatory in most civil cases, courts may recommend it or take your openness to settlement into account during proceedings.
Enforcing a Judgment in Romania
Winning the case is only part of the process — you may still need to enforce the judgment if the defendant refuses to comply. This involves:
- Requesting a writ of execution (titlu executoriu) from the court.
- Working with a bailiff (executor judecătoresc) to seize assets, garnish accounts, or force compliance.
If you’re enforcing a foreign judgment in Romania, your lawyer must initiate exequatur proceedings to have it recognized and executed locally.
How to Find a Lawyer for Civil Litigation in Romania
As a foreign plaintiff, choosing the right legal partner is key. Look for:
- A lawyer who specializes in civil litigation in Romania
- Proven experience with international clients and cross-border disputes
- Fluency in English (or your native language)
- Clear communication and transparency about costs
Using trusted legal platforms, you can connect with qualified Romanian civil litigators who meet these standards.
Conclusion
Pursuing civil litigation in Romania as a foreigner doesn’t have to be overwhelming. With the right guidance and preparation, you can successfully navigate the legal process and protect your interests in Romanian courts.
Whether you’re dealing with a contract breach, property dispute, or need to recover money owed, an experienced lawyer will be your most valuable ally — helping you build your case, follow procedure, and achieve results.
If you need further assistance, you can contact us and we will be glad to help.