What must be proved to recover the money
To claim repayment, it must be shown that money was advanced subject to an obligation to repay. A bank transfer proves movement of funds, but its description, messages and the parties’ agreement establish whether it was a loan, payment, gift or another transaction.
A written agreement, receipt, bank statement and acknowledgement may play different roles. For cash advances, the written evidence and circumstances require close examination. Lack of a written instrument does not automatically defeat the claim; other evidence is assessed under the Civil Procedure Code’s rules and exceptions.
When the loan must be repaid
Where a repayment date was agreed, that is the starting point for maturity analysis. A later payment promise may be acknowledgement, an extension or mere correspondence, depending on its content and acceptance.
If no repayment date was agreed, Article 2162 of the Civil Code allows the court to set one, considering the loan’s purpose and the parties’ circumstances. A separate limitation rule applies: for an application under Article 2162(1) to set the date, time runs from conclusion of the agreement. Waiting indefinitely before first demanding payment may undermine recovery.
Are court proceedings needed before enforcement?
It depends on the instrument’s form and the obligation pursued. Article 2165, read with Article 2157(1) of the Civil Code, allows an authentic instrument or private document with a legally established date to constitute an enforceable title for repayment, subject to statutory requirements. A date written by the parties is not automatically a legally established date.
Without an enforceable title, a judgment may be needed. The choice between payment order, small claims and ordinary proceedings depends on the amount, documents and possible defences. The current small-claims threshold is RON 50,000 excluding ancillary amounts, subject to statutory exclusions.
Checking limitation periods
The general limitation period for a right of action is three years unless a special rule applies. For contractual repayment, it generally runs from maturity. Successive due dates, acknowledgement, partial payment and court proceedings may affect the assessment.
Limitation does not automatically erase the debt. Under the current regime it must be invoked by the entitled person in accordance with the law. A notice does not preserve recovery indefinitely: formal default notice interrupts limitation if followed by court proceedings within six months. Older relationships also require transitional-rule checks.
Interest and required documents
A money loan is presumed to bear remuneration unless proved otherwise. This does not permit any interest rate to be claimed. Contractual interest must be agreed in writing, and non-professional relationships have specific statutory limits. Interest for use of money differs from interest for late repayment.
- The agreement, receipt and evidence of delivery or transfer of funds.
- Messages about the purpose, maturity and repayment promises.
- Records of partial payments and any security.
- Notices and proof of service; existing court or enforcement documents.
Assessing recovery options
A consultation allows review of evidence, limitation and procedure before a further notice or acceptance of instalments. Where a party or its assets are abroad, jurisdiction and governing law require separate clarification. Murar și Asociații provides legal assistance and representation in loan disputes in Romania and internationally.
Updated on 14 September 2026.
Useful questions
Can I recover money without a notarised agreement?
Yes, depending on the evidence and legal circumstances. Notarial form can affect direct enforcement, but it is not the only way to prove a loan.
Does a partial payment affect limitation?
It may constitute acknowledgement and interrupt limitation, but the date, substance and circumstances of payment must be assessed.
Legal sources
- Civil Code — Law No. 287/2009, consolidated version — Articles 2157–2165, 2512–2517, 2524 and 2537–2540; provisions reconfirmed in the official consolidated version on 14 September 2026.
- Government Ordinance No. 13 of 24 August 2011 — Articles 1–6.
- Civil Procedure Code — Law No. 134 of 1 July 2010 — Article 309; Articles 1014–1033.
- Law No. 71 of 3 June 2011 — Articles 201–204.
This analysis provides general information by reference to the sources and date stated. Advice on a specific situation depends on the documents, applicable law and any transitional rules.