Effects of the state of emergency termination
What are the immediate effects of the state of emergency termination?
Exchanging documents expired during the state of emergency
Thus, both the Decree no. 195/16.03.2020, and the Decree no. 240/14.04.2020 stipulated that the documents issued by the public authorities expired during the state of emergency remain valid throughout this period. Through the completions brought by the Military Ordinance no. 3/24.03.2020, it has been enacted that the documents whose validity expires during the state of emergency, issued by the public authorities, can be exchanged within 90 days after the termination of the state of emergency.
Therefore, the extension of the validity of these documents is not maintained during the state of alert, and starting on May 15 the 90-day period when the documents issued by the public authorities whose validity expires during the state of emergency starts being counted.
Judgement of the matters suspended as of law during the state of emergency resumed
After the termination of the state of emergency, the judgement of the matters suspended as of law resumes ex officio, and within 10 days after the termination of the state of emergency, the courts are to take measures to set the hearings date and to notify the parties.
Prescriptions and time limits resume
During the state of emergency the prescriptions or time limits of any kind do not start or their effects are suspended, without applying the provisions of art. 2532 point 9 thesis II in the Civil Code or other contrary provisions.
But, as the state of emergency is replaced with the state of alert, the provisions of the Civil Code mentioned above become applicable, and therefore the force majeure, when temporary, is a cause for suspension of the prescription if it occurs in the last 6 months before the expiry of the prescription.
If the provisions of art. 2532 point 9 thesis II in the Civil Code do not apply, the prescription resumes, in which situation, through the general effect of the prescription, the period of time before the suspension is taken into account, and through the special effect, the prescription does not come into before the expiry of a 6-month term after the suspension ceases, except for 6-month or shorter prescriptions, which shall only come into effect after the expiry of a 1-month term after the cessation of the suspension.
As concerns the time limits, according to art. 2548 point (2) Civil Code: the force majeure prevents, in all cases, the running of the prescription period, and if such period has started, it is suspended, the provisions of art. 2.534 point (1) applying accordingly. The time limit is only considered to come into effect 5 days after the cessation of the suspension.
Terms in the case of procedural acts, complaints, contestations, appeals
The terms provided by law for the procedural acts or for filing complaints, contestations and appeals of any kind in the suspended matters, which are being judged on the date of extending the state of emergency, are interrupted, with new terms, of the same duration, being counted since the termination of the state of emergency.
Leave granted to parents for supervising their children
As schools remain closed even after the termination of the state of emergency, the provisions of the Law no. 19/2020 on granting leave to parent for supervising their children still apply, if the conditions provided in the regulatory act are met.
Suspension of instalments payment
According to the provisions of the GEO no. 37/2020, if the debtor files a request for facilities within 45 days after the publication of the ordinance (30.03.2020) and the request is approved by the creditor, the effects remain in force after the termination of the state of emergency, i.e. between one and 9 months, but not later than 31.12.2020.
Postponement of payment of rent
According to the Law Project concerning exemptions from the payment of rent during the state of emergency, the tenants may request a postponement of the rent payment for the use of the spaces representing registered offices, point of business or places of resident, if they can prove the impossibility to pay the rent during the period mentioned in the addendum to the rent agreement, based on supporting documents.
This facility shall apply throughout the state of emergency and in the next month after the termination thereof.