1. Real estate and the due exercise of property right
Real estate law stands for one complex field, covering a wide range of processes and procedures, irrespective of whether we speak about purchase, sale of immovable assets (lands and constructions), or the latter’s management and capitalization.
The Law may set some limitations in terms of one’s exercising the property right, for any public or private reasons.
In the event of any procurement of an apartment provided by a real estate developer, the real estate law defines the securities the latter shall provide to the purchaser to this end.
Challenges in this particular field of interest are highly diverse, and they may consist of, for instance, the actual misleading of a certain buyer to purchase a given property with hidden vices, or they may focus on failure to comply with the obligation to sell such immovable asset by the promissory seller.
We shall definitely step in where it is about the drawing up of legal deeds and the counseling in various real estate projects, as well as representing our clients before any local and county authorities, as related to urbanism-specific, real advertising procedures, and others alike, up to representing the parties before the competent courts of law.
Last but not least, in the event of any property lease, signing any superficies, leasehold or usufruct agreement, the legal relations in-between the parties shall be governed by the real estate law rules.
2. Family law
Attorney’s Practice “Smaranda Colța” holds wide-range expertise in Family Law.
First and foremost, we provide counseling and legal assistance services during negotiations, or within the process of conducting the mediation procedure in case of any family nature conflict. Shaping up a solution to reset harmony in case of any such conflict stands for our Practice exclusive priority.
On the other hands, if one fails to meet the due conditions for any such negotiation / mediation, we advise our clients to agree upon a legal procedure in various types of cases, such as:
-dissolution of marriage;
-exercising parental authority;
-joint assets division.
We also bring our contribution in some other complex cases, with cross-border implications, such as divorce cases or international abduction of minors.
3. Contracts and Agreements
Contract law stands for that particular branch of Civil Law including the rules governing the conclusion and performance of conventions, that certify the free will of two or several natural persons or legal entities.
Contractual freedom defines the time of signing the agreement and stands for the fact that the parties are duly entitled to draw up such deed, as they may deem fit. Obviously, while duly complying with any and all incidental validity conditions in force. Any agreement concluded this way shall be governed by the “binding power” principle, which means that the said agreement, as duly drawn up, shall be binding for the contracting parties, as concerned.
Whether we refer to the procurement of assets or services, or we consider the liability related to contracting, transport or deposit relations, our Practice provides legal counseling to its clients when it comes to drawing up, negotiating, amending the agreements, so that such deeds shall include clear-cut and safeguarding clauses and provisions for the parties to the legal deed, so as to prevent any subsequent disagreements or divergences regarding the due performance and undertaking of contractual liability. Such contracts stand for one first step towards securing the safety of the legal circuit, and they also prevent the actual escalation of a given conflict in court.
When and if required, our Practice may also provide legal assistance and representation before any and all common law and arbitrage courts, as well as before any competent administrative authorities, as concerned.
4. Probate (inheritance)
The `broken` nature of so many families nowadays triggers the multitude of legal inheritance-related conflicts. If an individual shall marry once again, and if there are other children from previous marriages, then the issue gets more complicated. The higher the number of individuals claiming such inheritance, the poorer the chances of such expectations being reached.
Law of succession sets forth the rules applicable to debating any inheritance.
It may happen that the deceased has left a last will and testament deed. However, descendants, the surviving spouse and the privileged ascendants stand for mandatory heirs, namely they are duly entitled to the reserved share. By such `reserved share` one shall understand that part of the inheritance assets that the mandatory heirs are entitled by law, even despite the deceased individual’s will, as stated by means of liberalities or disinheritance deeds.
Our Practice provides legal counseling for those who may be concerned, as well as the parties’ representation in court.