Frequently asked questions

The law requires the authenticated notarial form, on pain of absolute nullity, among others for: agreements transferring or creating real rights that are to be recorded in the land register (sale, gift, mortgage over immovable property), the contract of gift, the maintenance contract, the matrimonial agreement, the declaration renouncing an inheritance and the sale of an inheritance. Other documents may be concluded in other forms, but the authenticated form is nevertheless preferable, because it gives them full evidential force and constitutes an enforceable title where it records a certain and liquid claim.

Articles 1244, 1011, 2255, 2378, 330, 1120 and 1747 of the Civil Code

The rule is complete freedom: a public notary has general competence, so you may go to any office in the country. The exceptions: a succession is settled before a notary in the district of the tribunal of the deceased's last domicile; a divorce, before a notary in the district of the district court of the place where the marriage was concluded or of the last common home; duplicates and the correction of errors, before the notary in whose archive the original is held.

Article 15 of Law no. 36/1995

Notarial documents are as a rule executed during the office's public opening hours, displayed at its premises. For procedures with several hearings, such as a succession, the dates are set at each hearing or by the summons served. It is nevertheless advisable to ask for an appointment by telephone or email, so as to avoid waiting or the situation where the notary is away on an out-of-office procedure. An appointment is also necessary where the procedure requires a longer period to examine the documents and cannot be carried out on the spot.

Article 83 of Law no. 36/1995

The rule: the parties may be represented at authentication by a representative holding a special authenticated power of attorney, and the notary is required to check, in the national register, that the power of attorney has not been revoked. The exceptions are strictly personal acts: a will is a personal act and cannot be made through a representative, and in a divorce the spouses must attend in person when the reflection period expires, even though the application could be filed through a representative.

Article 91(2) of Law no. 36/1995; Articles 1034 and 376 of the Civil Code

The law lays down no general time limits: the duration depends on the complexity of the document and on the checks required. There are, however, statutory reference points for certain procedures. A divorce, for example, involves a reflection period of 30 days.

Article 376 of the Civil Code; Article 83(3) of Law no. 36/1995

Minimum notarial fees are set by order of the Minister of Justice: fixed amounts for documents that cannot be valued in money, percentages by band for those that can, and free fees for a few procedures. For property transactions there are also the transfer tax and the land registry charges, which the notary collects on behalf of the State.

The Rules on fee scales; Article 111 of the Fiscal Code

→ See the page „Fees and charges”, with full tables and worked examples

The notarial law does not regulate the means of payment; it requires only that the ruling state that the charges, the taxes and the fee have been collected, together with their amounts. Which means of payment are accepted is a matter for each office; ask the office you have chosen.

Article 84(i) of Law no. 36/1995

Yes. The fee can be communicated to you before the document is concluded, and for complex situations you may ask for notarial legal advice, the fee for which is deducted from the final fee if you then conclude the document at the same office.

Articles 79-80 of Law no. 36/1995; Article 11 of the Rules on fee scales

→ See the page „Notarial legal advice”

You can obtain a duplicate, with the same evidential force as the original, from the notary in whose archive the document is held; for documents of the former state notarial offices, from the institution that took over the archive. If every original copy has been lost, the document is reconstituted by a ruling, with all the parties summoned.

Articles 156, 157 and 15(d) of Law no. 36/1995

→ See the page „Issuing duplicates” and the page devoted to the Chambers of Public Notaries

It depends on its nature. Material errors and obvious omissions are corrected by the notary through a ruling. Contracts are amended or terminated by agreement of the parties or on grounds authorised by law, through a document in the same form. Unilateral acts have their own rules: a will is essentially revocable, and a power of attorney may be revoked at any time by the principal.

Article 88 of Law no. 36/1995; Articles 1270(2), 1034, 1051 and 2031 of the Civil Code

The law contains no single list: the documentation depends on the property and on the parties' situation, and if it is missing the application is refused. Always required are the identity documents, the civil status documents (where these bear on the acquisition or the disposal), the title deeds, the cadastral documentation, the tax clearance certificate, the certificate from the owners' association (if the asset is in a condominium), the energy performance certificate, the utility contracts and proof that they are paid up to date, and any other document needed to transfer ownership in full legality and safety for the acquirer. The land registry extract for authentication is obtained by the notary. The office you choose will tell you the exact list for your case.

Articles 85 and 86 of Law no. 36/1995; Article 35 of Law no. 7/1996

→ See the page „The authentication procedure”

The minimum fee is calculated by value bands, to which are added VAT, the transfer tax and the land registry charges collected by the notary on behalf of the State, which are calculated according to the value of the property and the date of acquisition.

Annex no. 2 to the Rules on fee scales

→ See the page „Fees and charges”, the sections on property transfers and tax

In the absence of a stipulation to the contrary, the costs of concluding the sale contract fall on the buyer; hence the widespread practice of the notarial fee being paid by the buyer. The rule is however default only: the parties may agree otherwise, and their agreement is recorded in the contract. The tax on the transfer of ownership falls by law on the seller, and the land registration charge concerns the acquirer, who is the beneficiary of the registration.

Article 1666(1) of the Civil Code; Article 111 of the Fiscal Code

The tax on the transfer of ownership: 3% of the value for properties held for up to and including 3 years, 1% for those held for more than 3 years. The notary calculates it, withholds it and pays it over to the State budget.

Article 111 of the Fiscal Code

→ See the page „Fees and charges”, the section on the transfer tax

The „guide list” is the common name for the market study carried out by the Chambers of Public Notaries, which sets the minimum values of properties. If the value declared by the parties is lower than the minimum value in the study, the fee and the tax are calculated on the value in the study.

Article 4(3) of the Rules on fee scales; Article 111 of the Fiscal Code

→ See the page „Notarial valuations”

The price is the one freely agreed by the parties, and the market study does not limit it; it concerns only the basis of calculation: the fee and the tax cannot be calculated below the minimum value in the study, even if the agreed price is lower. Note, however, that the price declared in the contract must be the real one. The Civil Code requires the price to be a serious one, and the sale is voidable if the price is set without any intention that it be paid, or is so disproportionate to the value of the asset that it is clear the parties did not intend to consent to a sale. Declaring a price lower than the one actually paid therefore puts at risk the very validity of the contract.

Articles 1660(2) and 1665 of the Civil Code; Article 4(3) of the Rules on fee scales; Article 111 of the Fiscal Code

The land registry extract for authentication is requested by the public notary and is valid for 10 working days; while it is valid the land register is blocked for other operations, which is the buyer's guarantee that the property is not sold to someone else in the meantime.

Article 35 of Law no. 7/1996

Yes, in principle: a mortgage does not extinguish the right to sell, but neither does it disappear on sale: the mortgage right continues over the asset into whosever hands it passes, and the acquirer is liable with that asset for the mortgage debts. In practice, however, a mortgage is most often accompanied by a prohibition on disposal and encumbrance, noted in the land register, so that the property is sold with the agreement of the mortgage creditor, who sets both the conditions under which the asset may be sold (as a rule, with the loan discharged out of the price) and those under which the mortgage is removed. The notary works these conditions out with the parties and the creditor before signature.

Articles 2345, 2360 and 2361 of the Civil Code

Sales of immovable property are concluded in authenticated form precisely because the right is to be recorded in the land register. For properties with no land register file open, first registration is required beforehand, on the basis of the cadastral documentation, a preliminary stage that the notary can explain to you exactly for your situation.

Article 1244 of the Civil Code; Law no. 7/1996

Yes, both follow from special laws: the energy performance certificate must be produced on the sale of buildings, under the legislation on energy performance, and on the disposal of a dwelling in a condominium the certificate showing that the contribution shares are paid up to date is produced, under the legislation on owners' associations.

Law no. 372/2005; Law no. 196/2018

Alongside the sale contract, the mortgage contract in favour of the bank is also authenticated, which is compulsorily in authenticated form on pain of absolute nullity. The mortgage is recorded in the land register, and its fee is calculated on the secured value.

Articles 2378 and 2346 of the Civil Code

→ See the page „Fees and charges”, the section „Mortgages and other security”

No, if the property is a joint asset: documents disposing of or encumbering joint assets can be concluded only with the agreement of both spouses. Personal assets (for instance those acquired by inheritance or gift) can in principle be sold alone. The important exception is the family home: without the written consent of the other spouse, neither spouse, even if sole owner, may dispose of the rights over the family home or conclude documents that would affect its use.

Articles 321-322, 340, 346(1) and 347 of the Civil Code

Yes, through a special authenticated power of attorney, because a mandate given for an authenticated document must take the same form, and for documents of disposal the representative must be expressly authorised. The notary checks in the national register that the power of attorney has not been revoked. If the principal has died, the power of attorney can no longer be used.

Articles 2013(2) and 2016(2) of the Civil Code; Article 91(2) of Law no. 36/1995

When the parties agree: the law leaves them free to set the time and manner of payment, and their agreement is recorded in the contract. In the absence of a stipulation, the buyer must pay the price as soon as ownership is transferred. Note that if you have bought an asset and paid the price after authentication, you should ask the seller to hand you proof that the price was received, consisting either of a notarial declaration or of a statement from the seller's account showing it credited with the sum representing the price.

Articles 1504 and 1720 of the Civil Code

The public notary; after authentication, the application for registration is sent ex officio to the cadastre and land registration office, without any separate step by the buyer.

Law no. 7/1996

The law allows identification by passport „under the conditions laid down by law”, a formula that concerns first of all foreign nationals, who identify themselves with a passport. Romanian citizens identify themselves as a rule with an identity document (identity card, identity certificate or provisional identity card). Only if you live abroad and no longer hold a Romanian identity document may you identify yourself with a passport.

Article 85(1)(b) of Law no. 36/1995

Yes, and for both parties. The seller must produce the tax clearance certificate attesting payment of all obligations owed to the local budget of the administrative unit where the asset is registered for tax, including the tax for the year of the disposal. The buyer, in turn, must produce the certificate attesting payment of the obligations owed to the local budget of the unit where they have their domicile, registered office or place of business. The sanction is the most severe possible: documents concluded in breach of these obligations are null and void by operation of law. The certificate is issued within at most two working days, is valid for 30 days and may also be requested by the notary, on the basis of a delegation given by the taxpayer.

Article 159(5), (5²) and (6) of the Code of Fiscal Procedure

It is the right of a person or of the State to buy an asset in priority. Its general regime is governed by the Civil Code, but the right of pre-emption is also established by special laws, among others on the sale of agricultural land outside built-up areas, of forest land and of historic monuments. The practical consequence for these assets is that a sale to a third party can be made only after the preliminary procedure laid down by law has been completed. Sometimes the status of historic monument does not appear from the title deeds or from the land register. It is therefore important that you tell the notary anything you know about your asset falling into one of these categories. Together with the notary, or with their help, you will go through the preliminary procedure by which the pre-emptors are notified and may or may not exercise their right, so that a sale to a third party is valid.

Articles 1730-1733 of the Civil Code; Article 4 of Law no. 17/2014, Article 53 of the Forestry Code (Law no. 331/2024) and Article 4 of Law no. 422/2001 on the protection of historic monuments

The status of historic monument is acquired by classification, and classified monuments are included in the List of historic monuments, approved by order of the Minister of Culture, published in the Official Gazette and updated periodically, or in classification orders published between updates. Monuments, their protection zones and protected built-up areas are shown in the spatial planning documents and in the urban planning documents. If these circumstances do not appear from the land register or from the documents and information you provide, the notary has no way of knowing them. Tell them, therefore, everything you know about the property, so as to give as clear a picture as possible of the legal and planning situation of the property you wish to sell.

Law no. 422/2001

Buildings that have undergone technical assessment are placed in four seismic risk classes. The classification results from the technical assessment report drawn up by certified experts and, under the law, is noted in Part III of the land register, so that it appears in the extract on the basis of which the notary draws up the document. Notice boards are placed at the entrances to residential buildings in class RsI. For buildings in class RsI, until the consolidation works are accepted, it is prohibited to let or grant the use of the dwellings, and to carry on activities involving gatherings of people in the public areas of the building. If the consolidation works were financed under the national programme, the disposal of the dwellings within the first 5 years of acceptance is conditional on repayment of the sums allocated from the State budget, on pain of absolute nullity, those sums being in turn noted in the land register. If the property has not been assessed, if the risk class does not appear in the land register or does not follow from the documents produced, there is no way for the notary to know it. Ask the seller for information about the technical assessment of the building, especially for older constructions.

Articles 1(2), 3(1)(c), 3¹, 5(2)-(3), 6(2) and 18(4), (6) and (8) of Law no. 212/2022

As a rule, no: the law does not make a sale conditional on producing a forensic medical certificate. Where the behaviour of the parties, whatever their age, gives rise to suspicion as to a lack of judgement, the public notary may request a forensic psychiatric certificate attesting, as at the date of examination, the person's mental capacity and, where applicable, the existence of the judgement needed to understand and assume a specific legal act. It does not by itself establish the validity of the document and does not replace the verification of consent and capacity carried out by the notary. If the notary considers that the party cannot give serious, free and informed consent, they will refuse to conclude the document or to complete the procedure.

Articles 86(1) and 92 of Law no. 36/1995; Articles 1204-1205 of the Civil Code

The law does not require the authenticated form for a promise to sell to be valid. The authenticated form does, however, bring concrete advantages: the superior evidential force of an authenticated instrument and, for sums owed or other obligations to be performed, the force of an enforceable title enjoyed by a document recording a certain and liquid claim.

Article 1669 of the Civil Code; Articles 100 and 101 of Law no. 36/1995

The party that has met its obligations may ask the court for a judgment to stand in place of the contract, if all the other conditions of validity are met; the right of action is time-barred 6 months after the date on which the contract should have been concluded. Alternatively, you may declare the contract terminated and claim double the deposit received by the seller.

Articles 1669 and 1544(2) of the Civil Code

It depends what the parties provided for; that is why the clause on the loan should be expressly negotiated in the preliminary contract. As a statutory reference point, the deposit is returned where the contract comes to an end for reasons that do not engage the liability of either party; if the failure to obtain the loan is treated as unjustified non-performance, the deposit may be retained.

Articles 1544 and 1546 of the Civil Code

Yes, if the promisor is recorded in the land register as holder of the right and the preliminary contract states the time limit within which the contract is to be concluded; without a time limit, the application to note it is refused. The note informs anyone consulting the land register of the existence of the promise.

Article 906 of the Civil Code

At the very least: the time limit for concluding the contract (also required for the note in the land register), the price, and the treatment of the advance or the deposit. At authentication, the notary clarifies the relations between the parties, verifies their identity and the situation of the property, and gives you the necessary guidance on the effects of the document. Before signing, it is important to discuss with the notary all your concerns, everything you do not understand or consider insufficiently covered (time limits, due dates, guarantees, the parties' obligations, the currency of payment and the exchange rate, and so on), so as to obtain the clarifications you need.

Articles 906 and 1544-1545 of the Civil Code; Articles 80 and 85 of Law no. 36/1995

→ See also „The homebuyer's guide”, useful information on consumer protection

The right to accept an inheritance is exercised within one year of the death; a person entitled who does not exercise it is presumed to renounce. The procedure itself may be opened and settled later, if the heirs accepted the inheritance tacitly within the succession option period. If the succession is not settled and completed within two years of the death, the heirs owe a tax of 1% of the value of the estate.

Article 1103 of the Civil Code; Article 106(2) of Law no. 36/1995; Article 111 of the Fiscal Code

→ See the page „Settling a succession”

Before a public notary in an office situated in the district of the tribunal in which the deceased had their last domicile; the procedure is settled only at the office premises. In successive inheritances, the heirs may choose among the notaries competent for the last deceased.

Article 15(a) and (b) of Law no. 36/1995

Yes, the application may be made by any person entitled. The notary then summons everyone with a claim to the inheritance and, if there is a will, the legatees and the executor as well; the procedure is conducted with all those entitled, who may however be represented by a representative holding an authenticated power of attorney.

Articles 105(4), 106(1) and 91(2) of Law no. 36/1995

The duration is not fixed by law: it depends on the number of hearings, the number of heirs and how clearly the estate is established. The fee is calculated on the value of the estate, by bands, for each file.

Annex no. 3 to the Rules on fee scales

→ See the page „Fees and charges”, the section „Settling a succession”

The inheritance goes to the surviving spouse and to the relatives of the deceased: descendants, ascendants and collaterals (children, grandchildren and their successors, parents, grandparents, great-grandparents, brothers, sisters, uncles, aunts, cousins, all of them, except descendants, up to the fourth degree). The surviving spouse receives one quarter in competition with the descendants, and the descendants, whatever their number, together take three quarters and share equally when they come in their own right. In the absence of descendants, the spouse's shares increase, according to the class with which they compete. The shares are set by the Civil Code and will be communicated to you by the public notary handling the succession file.

Articles 963, 972 and 975 of the Civil Code

Acceptance may be express (by a written instrument) or tacit, through acts that the person entitled could perform only as an heir. Renunciation is not presumed: it is made in authenticated form, before any public notary, and is entered in the national notarial register so that third parties are informed.

Articles 1108, 1110 and 1120 of the Civil Code

The notarial procedure is built on agreement: the final ruling records the heirs' declarations and their agreement on the extent of the estate and the rights due to each of them. If disagreements arise, the rights are established through the courts, and the certificate of heir is issued on the basis of the final court judgment.

Articles 113 and 116 of Law no. 36/1995

For assets left out, the notary may resume the procedure with the agreement of all the heirs (presumed for anyone who, duly summoned, does not object) and issues a supplementary certificate of heir. An heir who was left out may ask the court to annul the certificate and establish their rights; the parties may also go to the notary for a notarial agreement recognising the rights of all of them. The notarial route is preferable in terms of cost and time to settlement.

Articles 119 and 120 of Law no. 36/1995

The estate is established by the notary on the basis of the heirs' declarations and all the evidence produced in the case, and for notarial documents that have been lost there is the reconstitution procedure. The notary will guide you on what evidence may be produced for each asset and how you can obtain it.

Articles 113 and 157 of Law no. 36/1995

When settling the succession, the notary checks the national notarial registers, in which authenticated wills are recorded and, if there is a will, summons the legatees and the executor. If, however, it is a holograph will, there is no way for the notary to know of its existence unless it is in your possession and you produce it. This is one of the reasons why an authenticated will offers security.

Article 106(1) of Law no. 36/1995; Article 1051(3) of the Civil Code

Yes, but with an important statutory limit: legal heirs and universal legatees are liable for the debts and charges of the inheritance only with the assets in the estate, in proportion to the share of each, not with their own wealth. A legatee by particular title is liable for the liabilities of the inheritance with the assets forming the subject of the legacy, under the conditions laid down by law. Check with the notary handling the succession file to find out what the liabilities of the estate are and within what limits you are liable.

Article 1114(2) of the Civil Code

A specific asset cannot be sold before it is established to whom it belongs: it is the certificate of heir that proves ownership. Succession rights as such can, however, be sold, through a contract for the sale of an inheritance, which is compulsorily in authenticated form; note that such a document counts as acceptance of the inheritance.

Article 120(1) of Law no. 36/1995; Articles 1747 and 1110 of the Civil Code

The law does not rank them: they are documents with different effects, and the choice depends on the purpose pursued. A gift transfers the asset free of charge and may be revoked for ingratitude or for failure to perform the charges attached to it; a maintenance contract transfers the asset in exchange for maintenance and care; a sale, in exchange for the price. Choosing what suits your situation is exactly what notarial advice is for.

Articles 1011 and 1020, 2254-2255 of the Civil Code

→ See the page „Notarial legal advice”

Yes, the asset may be given or sold with a reservation of usufruct or of the right of habitation. Usufruct is the right to use another's asset and take its fruits while preserving its substance; in favour of a natural person it is at most for life, that is, it lasts at most as long as the holder lives. A right of habitation gives the right to live in the dwelling together with one's family.

Articles 703, 708 and 750 of the Civil Code

A gift is compulsorily authenticated, and the fee is calculated on the value of the asset, by the bands applicable to property transfers.

Article 1011 of the Civil Code; Annex no. 2 to the Rules on fee scales

→ See the page „Fees and charges”

The creditor of the maintenance may ask for the contract to be terminated, both for unjustified failure to perform the obligation and where the other party's behaviour makes performance in conditions consistent with good morals impossible.

Article 2263 of the Civil Code

Describe to the notary what has to be done on your behalf; they will guide you to the right form. Remember the rule: a general mandate allows only acts of preservation and administration; for disposals, encumbrances or other acts of disposition, the authority must be given expressly. Bring your identity document, the full details of the authorised person and the other documents the notary asks for in order to prepare the power of attorney.

Articles 80 and 85 of Law no. 36/1995; Article 2016 of the Civil Code

No. The power of attorney is your document, as principal; the representative's acceptance of the mandate may follow from performing it. It is enough to give the representative's exact identification details.

Article 2013(1) of the Civil Code

For as long as you provided in it. If you set no time limit, the mandate ends 3 years after it was concluded.

Article 2015 of the Civil Code

The principal may revoke the mandate at any time, expressly or tacitly, even if it was declared irrevocable; authority given to a new representative for the same business revokes the original mandate. A revocation made before a notary is entered in the national notarial register of powers of attorney and revocations, which every notary is obliged to check before drawing up a document through a representative; if the power of attorney has been revoked, the application is refused.

Article 2031 of the Civil Code; Article 91(2) of Law no. 36/1995

Yes, through a special power of attorney, in authenticated form, with express authority to dispose: a mandate given for a document that requires the authenticated form must itself take that form.

Articles 2013(2) and 2016(2) of the Civil Code

Yes. At the request of Romanian citizens, Romania's diplomatic missions and consular offices carry out certain notarial acts. For documents drawn up by foreign notaries or authorities, see the questions on the apostille and legalisation.

Article 18 of Law no. 36/1995

Whenever the law, or the institution the declaration is intended for, requires the authenticated form, from declarations with financial content to those required in administrative procedures. The notary can tell you, for your specific situation, whether the authenticated form is necessary or whether certification of the signature is enough.

Articles 78-80 of Law no. 36/1995

Yes, drafting instruments with legal content is part of notarial activity, and for documents whose fee is regulated, drafting is included in the fee and is not paid for separately.

Article 12 of Law no. 36/1995; Article 7 of the Rules on fee scales

The notarial law lays down no general period of validity: the duration may follow from the content of the declaration or from the requirements of the institution it is intended for. Check that institution's requirement and, if need be, ask the notary for guidance.

Law no. 36/1995

A Romanian notarial document may be used abroad once an apostille has been affixed (for States party to the Hague Convention) or after legalisation, for the others; translation is carried out according to the requirements of the destination State. The details are in the category „Documents intended for use abroad”.

Articles 279-281 of the Regulation implementing Law no. 36/1995

Yes, the original is compulsory: a public notary issues certified copies only from the original instruments produced by the parties, as issued and in their initial state, after comparing the copy with the original. A copy of another copy cannot be certified.

Article 152(1) of Law no. 36/1995

→ See the page „Certification of copies”

At authentication, the notary checks the document as to substance and form, takes the parties' consent to its content, and the instrument becomes an authenticated document with the evidential force laid down by law. When certifying a signature, the notary attests only that the signature belongs to the person who signed before them; the content of the instrument remains the party's own. That is why certification of a signature is allowed only for instruments for which the law does not require the authenticated form.

Articles 90-92 and 149 of Law no. 36/1995

→ See the pages „The authentication procedure” and „Certification of a signature”

For certified copies of instruments that you produce yourself, the law lays down no period of validity: the copy attests conformity with the original as at the date of certification, and the institution you produce it to may have its own requirements as to how recent documents must be. Copies certified or authenticated from the notarial archives do, however, have a statutory period of validity of 6 months.

Article 152(6) of Law no. 36/1995

The testator dictates their dispositions before the notary, who sees to the writing of the document and then reads it to the testator or hands it to them to read; if you already have a will drafted, the notary gives you the necessary guidance on its legality, effectiveness and consequences, and then types it up. After the reading, you declare that the document expresses your last will and you sign it. You may be assisted by one or two witnesses.

Article 94 of Law no. 36/1995

At any time: a will is an essentially revocable act. Express revocation is made through an authenticated notarial document or through a later will, and the revocation is entered immediately in the national notarial register.

Articles 1034 and 1051 of the Civil Code

You may dispose freely, but only within the disposable portion. Disinheritance is allowed by law, but the surviving spouse, the descendants and the privileged ascendants are reserved heirs: the reserved portion of each (half of their legal share) is due to them even against the wishes of the deceased, and gifts that encroach on it are subject to reduction.

Articles 1074, 1086-1088 and 1092 of the Civil Code

Yes, by a legacy you may benefit any person, whether a relative or not, within the disposable portion, that is, the part of the inheritance not reserved by law to the reserved heirs.

Article 1089 of the Civil Code

Any disposal of the asset forming the subject of a legacy by particular title, consented to by the testator, implicitly revokes the legacy for everything disposed of: the sale of the asset by the testator therefore counts as a change of mind.

Article 1068(2) of the Civil Code

By agreement of both spouses, before the notary of the place of the marriage or of the last common home. Divorce with minor children is possible if the spouses agree on every aspect: the exercise of parental authority by both parents, where the children will live, how personal ties will be maintained and each parent's contribution to the costs of raising and educating them, and if the psychosocial assessment report confirms that the agreement is in the children's interest.

Article 375 of the Civil Code

→ See the page „Divorce by agreement of the spouses”

The application is filed by the spouses together; before a notary it may also be filed through a representative holding an authenticated power of attorney. The notary grants a reflection period of 30 days, at the end of which the spouses attend in person and the notary checks whether they persist in divorcing and whether their consent is free and unvitiated.

Article 376 of the Civil Code

The minimum fee is 750 lei for a divorce without minor children and 1,200 lei for one with minor children.

Annex no. 1 to the Rules on fee scales

→ See the page „Fees and charges”

The choice is an individual one: each spouse may choose to keep the name borne during the marriage or to return to the name borne previously, without needing the other's agreement. If the spouses make no choice, each keeps the name borne during the marriage.

Article 383 of the Civil Code, as amended in 2026

When the reflection period expires, the notary checks whether the spouses persist in the divorce application. If one of them no longer persists, or the conditions laid down by law are not met, the notary refuses the application; there is no appeal against the refusal, but the spouses may go to court.

Articles 376 and 378 of the Civil Code

Yes, joint assets may be divided, in whole or in part, by an authenticated notarial document where the parties agree, even during the marriage. The division may also be concluded after the marriage has been dissolved. It is, however, a document distinct from the divorce certificate, with its own charges. It is important to tell the notary, when you file the divorce application, that you intend to divide the joint assets, so that during the reflection period they can prepare the documentation the division requires.

Article 358 of the Civil Code

Under the statutory community regime, assets acquired during the marriage by either spouse are joint assets from the date of acquisition. Among others, the following remain personal: assets acquired by inheritance or gift (unless the disponent provided that they would be joint), assets for personal use, and those intended for the exercise of a profession.

Articles 339 and 340 of the Civil Code

Yes, a regime other than the statutory community is chosen through a matrimonial agreement, which must be concluded by authenticated notarial instrument, before or during the marriage. After at least one year from the conclusion of the marriage, the spouses may replace or amend the existing regime as often as they wish, subject to the same formal conditions. Which regime suits you is a question for notarial advice; it should be settled after a thorough examination of your situation.

Articles 329, 330 and 369 of the Civil Code

→ See the page „Notarial legal advice”

Yes, where the parties agree, the division is made by authenticated notarial document; for immovable property the authenticated form is compulsory. The participation of everyone is compulsory: a division made without the participation of all the co-owners is absolutely void. Assets left out may at any time be the subject of a supplementary division.

Articles 358, 680(2) and 684 of the Civil Code

Yes, on a division the asset may be allotted to one of the co-owners, who compensates the others with a balancing payment representing the value of their shares. The notarial fee for the division is calculated on the value of the shares acquired over and above the share already held.

Article 680 of the Civil Code; Annex no. 2, point III, to the Rules on fee scales

As against the bank, the loan remains governed by the loan agreement; a division between the spouses cannot by itself change who is liable to the creditor. Between the spouses, the debts are settled on the liquidation of the matrimonial regime, and creditors prejudiced by the change or liquidation of the regime have the right of action laid down by law. Specific situations call for the loan agreement to be examined together with the notary and the bank.

Article 369(3) of the Civil Code; Article 1270 of the Civil Code

The rule: a minor may leave the country only accompanied by an adult and with the parents' consent, as follows:

• with both parents, no other formalities;
• with one parent only, with the authenticated declaration of the other parent (valid for max. 3 years from the date it was drawn up) or proof of that parent's death; the declaration is not required if the accompanying parent exercises parental authority alone (final court judgment);
• with a third-party companion, with the authenticated declaration of both parents (or of the parent entitled), which also includes the companion's details, valid for max. 3 years;
• exceptions, a minor may travel unaccompanied: one who has turned 16, with the parents' consent in authenticated form, or without consent if their domicile or residence is in the destination country.

Law no. 248/2005 on the regime of free movement of Romanian citizens abroad

Yes. A minor has legal capacity to enjoy rights from birth, and so may acquire any asset, including immovable property. What differs is only the mechanism for concluding the document:

• under 14: the document is concluded by the legal representative, in the minor's name;
• 14 to 18: the document is concluded by the minor in person, with the written consent of the parents or, as the case may be, of the guardian.

For a purchase, being a document that goes beyond the right of administration, authorisation by the guardianship court is also required. The court grants authorisation only if the document meets a need or brings an unquestionable benefit to the minor. For receiving a gift, the offer is accepted by the legal representative (under 14) or by the minor with the consent of the legal protector (over 14).

Articles 34-35, 41, 43, 1013, 144, 145 and 146 of the Civil Code

Yes, but with the safeguards laid down by law. For a minor who has not turned 14, acceptance is made through the legal representative. Accepting an inheritance is an act of disposition, for which authorisation by the guardianship court is required. A minor who has turned 14 accepts in person, with the written consent of the legal protector. As a rule, any act of disposition requires authorisation by the court. Consult the notary as to the nature of the documents the minor is to conclude.

Articles 143, 144(2), 146 and 1114(2) of the Civil Code; the binding case-law of the High Court of Cassation and Justice

An apostille is required for documents used in States party to the Hague Convention; for notarial documents it is affixed by the Chambers of Public Notaries, through the apostille and legalisation offices at their premises. States with which Romania has treaties waiving this formality are an exception.

Articles 279-281 of the Regulation implementing Law no. 36/1995

Both attest the genuineness of the signature, the capacity of the person who executed the document and the identity of the seal; neither certifies the content of the document. The apostille is affixed for States party to the Hague Convention, in a single step; legalisation, for the other States, in successive steps: the Chamber, the Ministry of Foreign Affairs and the diplomatic mission of the destination State.

Article 279 of the Regulation implementing Law no. 36/1995

A power of attorney made at Romania's diplomatic missions or consular offices has effects similar to a notarial document drawn up by a public notary in Romania and can be used directly. Documents drawn up by foreign authorities are used after an apostille or, as the case may be, legalisation in the State of origin (except for States with which waiver treaties exist) and after being translated in accordance with the law. Documents drawn up by foreign authorities (including public notaries in other States) must meet the conditions of form and substance imposed by Romanian law for their use in Romania. Note that an apostille or legalisation does not certify the content of the document.

Article 18 of Law no. 36/1995; Articles 279-280 of the implementing Regulation