Frequently asked questions

You can schedule a consultation through the contact form on our website, by email at office@tgz.legal, or by phone. We typically respond with a meeting proposal within 24 hours.

TGZ Legal specializes in commercial and corporate law, M&A, commercial and civil contracts, litigation, employment law, real estate, compliance (GDPR, AML), and medical & pharma regulation / Life Sciences. We provide services to both companies and individual entrepreneurs.

At TGZ Legal, we primarily work with fixed fees that are communicated transparently from the start of our collaboration. Depending on project complexity, we may also work with hourly rates or success fees. Cost estimates are discussed during the initial consultation.

Yes. The TGZ Legal team provides comprehensive services in Romanian, English, and German. We draft bilingual documents and represent international clients in dealings with local authorities and partners.

We recommend preparing a brief description of your situation, relevant documents (contracts, correspondence, decisions), and a list of your questions. The more information we have from the start, the more efficient our consultation will be.

A standard engagement (diagnostic + documentation + implementation) lasts 4–6 weeks depending on entities involved and stakeholder availability. We lock the timeline together from day one.

We work directly with their advisors, provide bilingual documents, and act as a local partner with authorities. All communication stays in one shared channel to remove blockers.

We deliver a prioritized report, list mandatory remediations, and stay involved until each measure is implemented. If the deal moves forward, the same materials feed integration or the next funding round.

Not like it does for consumers. The abusive clauses statute targets B2C relationships, so between professionals a clause is rarely annulled unless you prove vitiated consent or public-order breaches.

Article 1206 of the Civil Code lists error, fraud, duress, and lesion. Proving them may annul a contract, but it is far more efficient to prevent them during negotiations.

It sets the maximum exposure if something goes wrong. Without a cap you could be liable for indirect or lost-profit damages that dwarf the contract value. We calibrate the clause to match your risk appetite.

A deep-dive audit of all material contracts to surface hidden obligations, auto-renewals, disproportionate penalties, or latent disputes. In M&A it becomes a core section of the diligence report.

Absolute nullity sanctions breaches of public order and can be invoked by anyone at any time. Relative nullity protects a private interest (e.g., vitiated consent) and can be raised only by the protected party within a limited term.

This is a common misconception. Preventive Legal Due Diligence (PLDD) is not for sale purposes (that is transactional due diligence). PLDD is an internal, proactive "health check" designed to protect your business from fines, litigation, and financial losses, ensuring long-term compliance.

Our recommendation is a complete PLDD audit every 1-2 years and narrower compliance audits (e.g., GDPR, AML) annually or whenever a major legislative change or business model modification occurs.

Law 129/2019 is the national legal framework for preventing and combating money laundering. If you operate in sectors considered "reporting entities" (real estate, financial services, accounting, law, gambling), you have strict legal obligations to know your customers (KYC) and report suspicious transactions. A PLDD audit verifies whether you meet these obligations.

Yes. In the current context, no risk assessment is complete without analyzing how the company manages personal data. Given fines that can reach 4% of global turnover, GDPR audit is a critical component of any PLDD.

No. A financial audit (performed by financial auditors) verifies the accuracy of financial statements. A legal audit (PLDD), performed by lawyers, verifies the company's legal and operational compliance with current legislation, contracts, and internal statutes, assessing legal risks.

Duration varies significantly depending on case complexity, need for technical expert reports, and number of appeals exercised. A first instance trial can last between 1 and 3 years. Including appeals (appeal and cassation), a complex dispute can last over 5 years.

Yes. A "dispute between professionals" refers to any dispute arising from the activity of a company or authorized natural person. Although procedural rules are largely the same as in civil litigation (e.g., divorce), commercial disputes often involve much more technical evidence (accounting expert reports, financial analyses) and are tried before specialized panels at tribunal level.

The most common mistake is inadequate evidence preparation and treating litigation as a matter of pride rather than a business decision. Many companies fail to keep orderly documentation (emails, minutes, notices) that becomes vital in court. Another mistake is missing procedural deadlines, which can result in losing the right to administer evidence.

No. We actively promote alternative solutions. Mediation or direct negotiation can be much more efficient and less costly. An amicable solution allows parties to resume commercial relations, while court proceedings usually destroy them permanently.

They are remedies against the first instance judgment. Appeal allows complete re-trial of the case (both factual and legal aspects) by the higher court. Cassation is generally an extraordinary remedy, heard by the High Court of Cassation and Justice (or Court of Appeal) and primarily targets only aspects of illegality (incorrect application of law), not re-evaluation of facts.

The general limitation period for the right to request enforcement is 3 years. This period runs from the date the judgment became final. If you don't initiate enforcement within this period, you lose the right to forcibly recover the debt.

Contact a specialized attorney immediately. You have a very short deadline, typically a few days from service, to file a Challenge to Enforcement. Ignoring the summons doesn't stop enforcement; on the contrary, it causes you to lose the only legal avenue of defense.

Garnishment is the most common form of indirect enforcement. The bailiff sends a notice to a third party (called the garnishee), usually the bank where you have your account or your employer, ordering them to block and pay directly to the creditor the amounts owed to you.

Yes, but not automatically. You can request the court to suspend enforcement, but only within a Challenge to Enforcement. Typically, the court will require payment of a security deposit (a sum of money deposited as guarantee) to grant the suspension.

It is a specific form of challenge to enforcement through which the debtor raises defenses regarding the substance of the debt (e.g., "I already paid," "the contract is void"). This is permitted only if the enforceable title is not a court judgment (where these defenses should have been raised in the main proceedings), for example, in the case of enforcing a promissory note.

The Land Registry is the official public register, maintained by ANCPI, containing the legal record of all properties in Romania. Verifying a Land Registry extract is essential to confirm who is the real owner, the exact surface area, and most importantly, whether the property has debts (mortgages) or noted litigation.

Although the Civil Code doesn't always require authentic form for the promise's validity itself, notary signing is strongly recommended and becomes mandatory if you want the supreme protection: notation of the promise in the Land Registry. Additionally, authentic form facilitates forced execution of obligations.

If the promise is validly concluded, you have two options: 1) Request return of the agreed penalties (usually double the down payment); or 2) Appeal to the court within 6 months from the date the final contract was supposed to be signed and request a court judgment in lieu of contract.

Registration in the Land Registry is an entry in the public register (in Part III) that makes your promise enforceable against everyone. This legally prevents the seller from selling the property to anyone else while your promise is valid. It's the best insurance that you won't be defrauded.

It depends on what you negotiated in the promise. If there's no specific clause, you risk losing the down payment. That's why our experience leads us to always include a 'suspensive condition clause' (credit clause) providing that if financing is refused for reasons not attributable to you, the promise is cancelled and you receive the full down payment back.

If the dismissal decision is annulled, the employer must pay compensation equal to the indexed salaries from the date of dismissal until reinstatement, plus potential moral damages. The employee also has the right to reinstatement in their former position.

It depends on complexity: a standard audit for an SME typically takes 2-4 weeks. The result includes a report with identified risks and a concrete remediation plan with priorities and deadlines.

Individual employment contracts, the general employment register (Revisal), internal regulations, job descriptions, timesheets, proof of salary payments, personnel files, and leave records. We prepare everything in advance.

Ideally, before a problem arises. Employers most frequently contact us when preparing a dismissal, receiving an inspection notice, or when they want to update their contracts and internal regulations.

Yes. We operate as External HR Legal — a monthly retainer that includes rapid response to day-to-day questions, document review before signing, and updates on legislative changes. In practice, your company's outsourced legal department.

MDR (Regulation (EU) 2017/745) is the new European legislation that radically tightens rules for medical devices. It imposes much stricter requirements regarding clinical evidence, post-market surveillance, traceability (via the UDI system), and advertising. Compliance is mandatory and complex.

Because it sits at the intersection of commercial and academic interests. The main bottleneck is usually intellectual property (IP). The Sponsor wants full ownership of the data they pay for, while the hospital/investigator wants the right to publish research results.

Consent (Art. 9(2)(a)) is a legal basis, but it is fragile because it can be withdrawn at any time. A robust legal strategy, especially for long-term research, will also rely on other grounds, such as Art. 9(2)(h) (necessity for the provision of health care) or Art. 9(2)(i) (public interest in the area of public health).

In the medical and pharmaceutical sector, the suspension or withdrawal of a product from the market is not caused solely by safety issues, but also by non-compliance with legal and regulatory requirements. Failure to comply with MDR/IVDR rules, errors in technical documentation, deficiencies in traceability chains, issues related to advertising or pharmacovigilance, or improper handling of health data may trigger severe measures by regulatory authorities. A preventive legal approach is essential to ensure continued market presence.

Non-compliance with Good Manufacturing Practice (GMP) requirements may entail significant legal and commercial consequences, ranging from the suspension of manufacturing or distribution authorizations to product recalls and substantial administrative sanctions. In addition, GMP deficiencies identified during inspections may negatively impact relationships with business partners, investors, and regulatory authorities. An integrated legal approach, aligned with GMP requirements and with the contractual structure of the supply chain, is essential to prevent such risks.