Powers of attorney and other legal documents in Romania
A power of attorney (procură) lets one person act in another's name, and the Romanian Civil Code draws the line that decides which kind is needed. A general power of attorney covers only acts of preservation and administration; to sell, mortgage, settle a dispute or go to court, the agent needs express authority (art. 2016), which is what a special power of attorney gives. A power of attorney must take the form the law requires for the act it is given for (art. 1301): selling a home requires a notarial deed, so the power to sell one is signed before a notary too. Where no term is set, the mandate ends after three years (art. 2015).
The person who gave a power of attorney may revoke it at any time (Civil Code, art. 2031), but the revocation cannot be relied on against third parties who did not know of it and could not have known (art. 1306). The revocation of a power of attorney is therefore sent to the agent with a request to return the document, and brought to the notice of the banks, offices and people the agent has dealt with. For buying, selling or renting a home, see the property documents.
Anyone can ask a Romanian public body for information about its work with a freedom of information request under Law no. 544/2001. The body answers within 10 days, or within 30 at most where the information is complex; a refusal can be challenged with the head of the body within 30 days of learning of it, and before the administrative court within 30 days of the deadline for the answer. Romanian law has no registered partnership, so unmarried partners who live together can put their arrangements on the home, costs and belongings in writing in a cohabitation agreement. The documents are written in Romanian, and each page describes its document in English; they are filled in online and downloaded as a PDF, or downloaded blank. They are not legal advice.
The documents
5 forms available to fill out or download.
Revocation of a power of attorney (Romania)
The notice by which the person who gave a power of attorney in Romania revokes it. A principal may revoke a mandate at any time (art. 2031 of the Civil Code), but the revocation binds the agent from receipt, and third parties only once it has been brought to their notice or they knew or could have known of it. That is why the letter asks for the power of attorney back and lists the offices and people who have been told.
Cohabitation agreement between partners (Romania)
The written agreement between two partners in Romania who live together without being married: the legal title to the home, how costs are shared, what belongs to each, how things bought together are divided, and how long they have to settle up after separating. Romanian law has no registered partnership, so without such an agreement none of this is written down anywhere.
Special power of attorney (Romania)
The power of attorney for one specific act in Romania: collecting a document, representing someone at an office, signing a contract, receiving a payment. It describes the act exactly, the limits of the authority, whether the agent may deal with themselves or appoint a substitute, and until when it is valid. For acts that need notarial form — selling a home, for example — the power of attorney must be notarial too.
General power of attorney (Romania)
The power of attorney by which a person in Romania authorises someone else to handle their property and affairs — payments, everyday contracts, dealings with suppliers and offices. Under the Civil Code, a general power covers only acts of preservation and administration; sales, mortgages and lawsuits need a special one. Signed privately it is valid, but banks and notaries often ask for a notarised one.
Freedom of information request (Romania)
The request by which anyone in Romania obtains information from a public body about its work — spending, contracts, decisions, organisation — without having to say why (Law no. 544/2001). The body answers within 10 days, 30 at most if the information is complex, and a refusal must be reasoned within 5 days. The request says in what form the answer is wanted.