In the field of real estate, Paziuc & Jida provides a full range of services in both contentious and non-contentious matters.

In-depth knowledge

We combine substantial experience in a wide range of legal matters pertaining to real estate with thorough knowledge of both the legislative framework applicable in Romania and of the practical particularities of the Romanian real estate market, especially the potential vulnerabilities of titles to real estate and the possible remedies for such vulnerabilities. As part of a project initiated in 2012 by the National Agency for Cadastre and Land Registration, Cristian took part in the first phase of the drafting of new land registration regulations, designed to make land registration procedures compatible with the substantive provisions and the novelties introduced by the new Civil Code of Romania, which entered into force in 2011. Mihnea has acted both for claimants and respondents in litigation proceedings concerning real estate, and has advised clients on corporate, financing and contractual issues of property development projects.

Our expertise covers matters such as:

• Advice on the validity and enforceability of the title to real estate, including the analysis of the successive transfers of rights and of real estate registration formalities, thus allowing for an evaluation of the legal risks raised by a particular transaction;
• Advice on the financing of real estate transactions and construction projects;
• Advice on and legal assistance for the administrative requirements/formalities necessary for the implementation of construction projects, as well as for all matters pertaining to the negotiation, execution and performance of contracts concerning real estate transactions and construction projects or the financing thereof;
• Assistance or representation in dispute resolution procedures regarding real estate and, in particular, the validity and enforceability of titles to real estate, lessor-lessee disputes and the protection of property rights through such means as actions for the recovery of possession and actions for the determination of the boundaries of real property.

The firm’s expertise includes matters of patent, trademark, copyright and design law in a variety of industries and in both litigation and non-contentious settings.

Full service in intellectual property law, with experience in multiple industries

In contemporary, technology-driven economies, the pace of technological change and the increasing use of intellectual property that it entails even in markets that do not traditionally rely heavily on technology mean that prolonged or activity-blocking litigation are often too costly an option regardless of the outcome of dispute resolution proceedings. We therefore recognise that the more efficient form of support that legal services can provide to economic activity generally consists of preventative analyses regarding compliance with intellectual property rights and related legal regimes, such as competition law, which can have a major impact on how intellectual property rights and legal proceedings pertaining thereto can be used. Apart from such analyses, we ensure pre-litigation communications with suspected infringers in order to minimise the need to resort to litigation. Finally, because legal proceedings cannot always be avoided and may sometimes be the only way of effectively protecting intellectual property, we provide clients with a full range of representation/assistance services in relation to dispute resolution procedures.

Both Cristian and Mihnea benefit from a wealth of experience gained by working alongside some of the most highly qualified IP professionals on the Romanian market. To this experience and theoretical know-how, they add a good understanding of the economic implications of intellectual property and of the fact that economic efficiency should direct IP enforcement strategies.

Our experience includes both advising clients and litigation assistance/representation services in industries such as:

• Pharma (patent and trademark infringement analyses and dispute resolution procedures);
• Ecommerce (trademark and copyright infringement cases);
• Media (copyright infringement cases and copyright assignments/licenses);
• Automotive (analyses regarding the protection of models and designs);
• Software (copyright infringement cases);
• Architectural services (copyright assignments/licenses)
• Foodstuff and other consumer goods (trademark infringement analyses and dispute resolution procedures).

Dispute resolution services are a focal point of our activity. We provide comprehensive representation/assistance services in legal proceedings before Romanian courts and in national and international arbitration proceedings.

Uncompromising performance

We recognise that, as far as possible, efficient commercial solutions should be found to avoid or resolve disputes and that, for clients, action before courts or arbitral tribunals is generally a last resort. In such cases, where no more efficient means of resolving disputes are available or practical, we provide clients with the highest level of representation/assistance services, backed by experience and by solid knowledge of procedural law as well as of various national and international arbitration rules, such as the ICC and LCIA rules of arbitration. We permanently strive to provide clients with a clear picture of the potential costs and duration of such proceedings and an honest appraisal of their relative merits and risks, thus enabling clients to make informed choices regarding the initiation of court or arbitral proceedings and the most efficient strategies accessible.

Our dispute resolution services include:

• Pre-litigation assessments of available means for dispute resolution, of their expected benefits and costs, as well as of optimum dispute resolution strategies.
• Advice on or representation/assistance for the fulfilment of possible requirements prior to instituting proceedings before a court or arbitral tribunals, such as notices of claims, attempts to settle the dispute, pre-arbitral adjudication proceedings or similar actions in multi-tiered dispute resolution proceedings etc.
• Full representation/assistance services in all stages of judicial or arbitration proceedings, from the drafting of statements of claims/defence to managing the enforcement of a judgment/award.
• Representation/assistance in potential settlement negotiations, including the drafting of settlement agreements.
• Working with clients and foreign counsel by providing legal evaluations of Romanian law, where this is the substantive law applicable in international arbitration proceedings.

Cristian has substantial experience in representing/assisting major clients in complex cases before Romanian courts. He has also participated directly in the representation/assistance of clients in national and international arbitration proceedings. In particular, Cristian has – with excellent results for clients – produced legal opinions containing Romanian law arguments in cases where this was the substantive law applicable in international arbitration proceedings. Such arguments dealt with a wide range of issues such as statutes of limitation, the validity of contracts and the requirements for the various remedies for breach of contract (especially damages and termination for breach).

Mihnea has an excellent track record in litigation proceedings, having been part of two of the country’s top litigation teams prior to setting up his own practice. In addition, Mihnea has acquired expertise in the specialised field of pre-arbitral and arbitration proceedings in relation to construction projects subject to FIDIC standard contracts.

In the field of competition law, we provide preventative analyses and advice, in addition to assistance in investigations carried out by competition authorities and to representation/assistance in legal proceedings directed against measures imposed by such authorities.

We focus on preventative measures and contribute with a great understanding of the interaction between the economics underpinning business strategies and competition rules

Breaches of competition rules can entail serious consequences. This is why, first and foremost, we provide clients with preventative legal analyses and advice on the compatibility between projected business strategies and competition rules. We aim to work with our clients to identify the most efficient legal solutions that satisfy their business goals. Apart from such preventative services, we assist clients in all the phases of investigations initiated by competition authorities, as well as in court actions for the setting aside of measures adopted by the competition authorities.

As the holder of a LLM degree in Law and Economics (Distinction) from University College London, Cristian has studied general economic analysis of law, comparative competition law (United States antitrust law and EU competition law) and the economics of competition law We can therefore approach the legal matters of our clients’ projects with a thorough understanding not only of the black-letter law of competition, but also the of the complex economics of market behaviour.