Global Debts Management - Debt recovery

Legal dictionary

Acquiescence: manifestation of defendant’s consent to recognize the claims of the applicant. Act under private signature: evidence of the written documents category, concluded between the parties, without the presence of a public official, which includes the content and the signature of parties, but also the elements necessary for its validity.
Civil action: the legal and most important mean of protection by legal constraint of the violated civil rights or interests protected by law; the possibility of the applicant to obtain the recognition or the realization of the right or questioned, violated, broken by legal constraint of the defendant.
Legal proceedings: the legal mean (under the form of a request) by which is taken in front of the court the rights conflict born as a result of violating a regulation and by which is solicited observation or realization of a right, being the condition for the court to judge.
Redress: civil action by which, a person who paid an amount of money from another person’s fault, is brought against the latter in order to recover the amount paid.
Action for annulment: the procedural mean of recovery of the right to request in court the retroactive cancellation of a legal act null and void.
Declaration action: civil action by which the court is asked to declare either the existence of a right or the nonexistence of a right claimed by the defendant.
Action for rescission: procedural mean of recovery, in case of disagreement between the parties, of the right to obtain the cancellation of an immediate execution contract (e.g. Sale and purchase) for culpable non-execution of obligations of the other party.
Resolution action: procedural mean by which one of the parties of a successive execution contract (e.g. Lease) requires its termination for culpable non-execution of the obligations of the other party.
Appeal: ordinary appeal with which all sentences can be appealed, except as provided by law, being the second instance on the merits.
Res judicata: legal principle according to which final judgments gain authority (power) of res judicata and cannot be attacked except by extraordinary remedies.
Bulletin of insolvency proceedings: the Gazette published by the National Trade Register Office which’s aim is to publish subpoenas, convocations, notifications and communications of procedure acts prepared by the court, administrator / official receiver after the opening of the procedure provided by Law 85/2006.
Claim: the right of the creditor to pretend from its debtor or to give, make or not make anything.
Debit: the amount someone (debtor) owes to another person, named creditor.
Debtor: the individual / legal entity who owes money, commodity or other goods to the creditor.
Rights of claim: creditor’s capacity from an obligation legal report to pretend the debtor’s to fulfill the correlative obligation to give, make or not make something.
Right of mortgage: it refers to the right to have an immovable property of the debtor or other person, who gives the mortgagee the right to track that respective property in whatever domination is and to pay with priority over the creditors from the price of that good.
Lien: accessory contract under which the debtor or a third party submits a movable, tangible or intangible good in order to secure the fulfillment of obligations.
Mortgage: real guarantee which has as object immovable property which remain in the debtor’s property, and pursues the goods in whoever’s hand they are.
Insolvency: that state of the debtor’s patrimony which is characterized by insufficient money fund for the payment of outstanding debts. The insolvency does not necessarily and implicitly suppose that the active of debtor’s patrimony to be smaller than its passive, the essential condition of existence of the insolvency state being the impossibility of the debtor to pay the maturity debts.
Judgment in appeal: represents the second phase of the processual phase after the first instance judgment and before the second appeal judgment, where the court, superior in level, verifies the legality and validity of the sentence pronounced in the first instance based on the materials of the case file and any new evidence against him.
First instance judgment: is the first processual phase and has three phases: written preparatory phase (summons request, meet and counterclaims, the fixation of the first term), judgment phase and sentence pronunciation.
Official receiver: individual or legal entity, practitioner in insolvency, authorized under the conditions of the law, named to rule the activity of the debtor and to exercise the attributions established under the Law 85/2006 within the bankruptcy procedure, both in general procedure and in the simplified one.
Mandate: The contract, under which a person named principal, empowers another person, named procurator, to conclude in his name and in his behalf certain legal acts.
Complaint of violation: request by which the contravening questions in front of the court the legality and/or validity of the minutes of contravention concluded by the ascertaining body.
Felony complaint: request by which the damaged part notifies a jurisdiction body on the commission of an offense.
Garnishment: method of forced execution consisting in freezing amounts of money, securities or other personal property, intangible, owed to the debtor by a third party or which he will owe in the future under some existing legal relationships.
Power of attorney: proof of registration of the mandate contract which gives the possibility to the procurator to work on behalf and in name of the principal. Being a materialization form of the mandate contract, the power of attorney contains the powers offered to the procurator and the limits of his empowerment; it will be in writing and must be authenticated whenever the procurator is tasked to complete an authentic act.
Second appeal: ordinary appeal in which the court of appeal, superior in grade, verifies the legality of the sentence pronounced in the first instance or of the decision pronounced in appeal based on the evidence from the cause file and of the new writings against him.
Judicial stamp duty: represents the payment of services rendered by the courts, the Ministry of Justice and the Prosecutor of the Supreme Court of Justice. The operations subject to judicial stamp duty are the operation from the competence of the judge delegated in the Trade Register. It is paid at the state treasury or at the CEC office from the CCIR.