In this practice
Civil proceedings cover a wide range of matters, from disputes over the ownership and possession of real estate to complex contractual disputes. Our lawyers approach every case thoroughly and individually, providing the best possible protection for our clients.
Order for Payment and Enforcement Proceedings
We provide assistance at every stage of the debt recovery procedure, including:
- Applications for orders for payment and writs of execution;
- Representation and procedural defence in order for payment proceedings where the debtor objects;
- Legal support in enforcement proceedings before private and state bailiffs;
- Compulsory enforcement procedures: garnishment of bank accounts, salaries and receivables from third parties, attachment of real estate and other assets, public auctions and more.
Interim Measures
We act quickly where urgent measures are needed to secure your rights, including:
- Preparing and filing applications for interim measures, such as garnishments, attachments of real estate and seizure of movable assets;
- Representation in court on applications for interim measures;
- Defence against unjustified interim measures imposed on our clients;
- Advice on choosing the appropriate measures to secure future claims and rights effectively.
Property and Construction Disputes
Our team specialises in complex real estate and construction matters, providing:
- Legal protection in disputes over the ownership, possession and use of property;
- Representation in the partition of real estate and related proceedings;
- Legal assistance in resolving construction disputes: breach of contract, construction defects, poor workmanship, unlawful construction and more;
- Assistance in challenging or defending notarial deeds and entries in the Property Register.
Civil Litigation
We provide full representation in civil claims before every court instance:
- Preparation of statements of claim, defences, appeals, objections and all other procedural documents;
- Representation before first-instance, appellate and cassation courts;
- Representation in appeals against court judgments, including before the Supreme Court of Cassation;
- Advice on out-of-court dispute resolution and on court and out-of-court settlements to end litigation.
Our main aim is to protect our clients' interests effectively through a careful approach based on in-depth knowledge of civil law and civil procedure.
Frequently asked questions
What is required for a divorce by mutual consent?
Both spouses must agree to the dissolution of the marriage and reach an agreement on all essential matters: parental rights, child support, use of the family home and division of property. The court approves the divorce only if it considers the agreement fair and in the best interests of the children.
Can a former spouse claim maintenance from the other after the divorce?
Only under strictly defined conditions: maintenance may be claimed solely by the spouse who was not at fault for the divorce and who is objectively unable to support himself or herself. The right ends if the person receiving maintenance remarries.
How is a co-owned property divided if the co-owners cannot agree?
Where there is no agreement on voluntary partition, any co-owner may bring a claim for judicial partition before the district court where the property is located. The proceedings have two stages: the court first rules on who the co-owners are and what their shares are (admission of the partition), and then on how the property is distributed among them. If the property is indivisible and cannot be allotted to any of them, it is sold at public auction and the proceeds are distributed according to the shares.
How is compensation for non-pecuniary damage in tort determined?
The law sets no fixed amounts. Under Art. 52 of the Obligations and Contracts Act, compensation is determined by the court “on an equitable basis”, taking into account the specific circumstances: the severity and duration of the harm, the age and social position of the injured party and the degree of fault of the person who caused it. If the injured party contributed to the damage, the court may reduce the compensation for contributory negligence.
What is the difference between a claim for ownership and a claim for protection of possession?
A rei vindicatio claim (Art. 108 of the Property Act) is brought by an owner against a person who possesses the property without legal grounds, in order to have ownership recognised and the property handed over; it is not subject to any time limit. A possessory claim (Arts. 75–76 of the Property Act) does not require proof of ownership, only that the claimant was in possession and was deprived of or disturbed in it. It is a faster remedy, but must be brought within six months of the interference.
