Located in Cluj-Napoca, the Civil Society of Budușan Lawyers and Associates exists from the desire to offer its clients the experience of a team determined to offer clear and intelligent solutions to the legal situations they encounter in their work.
Budușan și Asociații always chooses the simplest and fastest way, understanding the need of its clients to receive a response in a timely manner. We are honored by the fact that for many of our clients, our team is a partner, an indissoluble part of their own business, so we take seriously the responsibility imposed by the trust given to us.
Our clients are satisfied with the services we provide and are more than happy to recommend us to their colleagues and beyond. So, as far as we are concerned, our customers are the guarantee that value, quality and customer service are the premises that govern our activity.
The increasingly sophisticated needs of our clients and the increasingly complex legislation in the field mean that commercial law can only be practiced by specialists.
We offer preventive legal advice , assistance in:
Legal assistance in debt recovery:
Along with this, the activities offered by us are:
In the matter of debt recovery, a quick reaction of the creditor is essential, being recognized by professionals in the field that the greatest chances of debt recovery are in the first months after the due date. Starting from the moment when the claim becomes due and is not paid, simultaneous action is recommended by all the means provided by law.
For this purpose, our lawyers assist you from the beginning, in the extrajudicial negotiations between creditors and debtors. Also, this stage involves the drafting and communication of prior summonses and notifications to the debtor.
Legally, we deal with the drafting and support of various actions before the courts: payment orders; small claims; common law actions; applications for the establishment of precautionary measures (seizure, confiscation) and judicial seizure. We assist and represent our clients before courts and arbitration courts, to ensure that these procedures are carried out as quickly as possible, and to annihilate the various tactics used by debtors to delay or paralyze debt recovery efforts.
In the matter of enforced execution, we represent the parties in order to carry out the procedure with speed and in compliance with the legal provisions. We also represent the parties in court in ancillary procedures or incidents of forced execution: appeal against execution, opposition to execution, suspension of execution, seizure validation, deposition procedure with special affectation.
The lawyers from the Budușan and Associates Civil Society of Lawyers are with our clients, commercial companies and persons in their management (administrators, directors, associates, shareholders, etc.), ensuring assistance and representation before criminal bodies and courts in criminal files having as their object economic crimes or other crimes related to the criminal law of business, both as suspects or defendants, and as injured or civil parties, depending on the particularities of each individual file.
We ensure the protection of our clients' interests in the entire range of criminal cases that could concern your company or the persons in management, of which we mention our involvement in cases with the object of the crime of tax evasion provided for by Law no. 241/2005, where we provide assistance to our clients right from the moment of drawing up the tax inspection report and corruption offenses and those similar to them, where we specifically mention our involvement in files regarding the fraud of European funds (crimes against the financial interests of the European Communities - Law no 78/2000).
We also assist our clients in cases related to fraud crimes (including insurance fraud), embezzlement, forgery and use of forgery, crimes committed by administrators to the detriment of the company, fraudulent management, simple or fraudulent bankruptcy, theft, banking law crimes, forming or joining an organized criminal group, computer fraud, bribery, influence peddling, conflict of interest or embezzlement.
We make sure that the hearing of our clients is done only in the presence of the lawyer, in order to prevent possible abuses of the criminal investigation bodies and to ensure an effective defense to the charges brought. Also, the hearing of the other involved parties or important witnesses as well as any criminal prosecution regarding our client will only be carried out in the presence of a lawyer from our team, to ensure the effective defense of your interests.
The lawyers in our team will work with you to determine the best defense strategy from the beginning of the case, in order to ensure the consistency necessary for an effective defense and to avoid contradictions that may harm your interests.
At the same time, an important part of our activity is focused on criminal prevention, i.e. providing advice to our clients in their current activity or regarding certain transactions, with the aim of preventing possible subsequent reinterpretations regarding the legality as much as possible or your and your company's good faith intentions.
Considering the increased degree of sensitivity involved in a criminal case, we assure you that you can find in our team a reliable, coherent and efficient partner, dedicated 100% to your interests, who will be by your side throughout the case.
Labor law is not only extremely formalistic, but also has a specific feature that cannot be neglected: the burden of proof is on the employer, which means that he is responsible for proving that the decisions he makes regarding employees are correct, justified and legal .
That is precisely why our lawyers put a lot of emphasis on preventive consulting, which means that they advise employers on the decisions taken and the documents issued before they become official.
In addition, we believe that it is necessary to really know the client to whom we offer advice, assistance and representation, as well as the specifics of his activity, because this is the only way we can respond to his specific needs.
Even if a Collective Labor Agreement or an Internal Order Regulation includes, for the most part, similar clauses, there are essential differences regarding personnel policy, confidentiality clauses, professional evaluations or disciplinary violations. These specific elements are considered in the case of a labor dispute and can lead to winning or losing a lawsuit.
Taking into account the above, our lawyers offer advice to employers regarding the drafting, revision, conclusion and registration of Collective Labor Agreements and their additional documents, drafting and amending the Internal Order Regulations, Personnel Policies, additional documents to Individual employment contracts containing specific clauses. In addition, at the employees' request, we meet with their employees to explain the content of these documents, the meaning of certain terms and clauses, or the consequences of certain actions.
Regarding the decisions taken by the employers, we ensure that they comply with the substantive and formal conditions, the legal deadlines and the rest of their obligations.
In the situation where the employer is forced to make staff reductions as a result of the reduction of the activity or the modernization, we assist him during the entire procedure, regardless of whether we are talking about individual or collective layoffs.
Before the court, we represent the employer in the event that the employees challenge the documents issued by him, in order to defend his interests.
The production of damage by an employee to the patrimony of an employer, intentionally or through negligence, is a behavior that will attract liability to the employee. We make sure that, in addition to the employee's disciplinary and possibly criminal liability, the employer fully recovers the damage caused, meaning that we draft criminal complaints on his behalf with civil party formations, patrimonial liability actions or we try to solve the problem amicably, by the employee signing a payment commitment.
Given that more and more employers are posting employees to the European Union, we meet them and take all the necessary steps to prepare and submit the files in order to issue the A1 portable document by the National Public Pensions Office in Bucharest or to extend them.
Covering all aspects of labor law, we dedicate ourselves with the same interest to all employers, regardless of the field of activity or the number of employees, in which sense we show that we have, over time, offered consultancy and representation to companies in the IT, manufacturing, tourism, medical, wholesale and retail trade, accounting, outsourcing, construction and transport.
The field of insurance being tangential to all fields of law depending on the situation/case, we offer assistance and representation in resolving differences arising in this field through:
In the field of real estate law, Budușan si Asociații offers its clients an extensive range of consulting services regarding the realization of real estate projects, such as verifying the legal status of land and buildings by carrying out due-diligence studies; assistance during negotiations with the owners and with banking institutions in order to secure financing; the conclusion of agreements, promises or contracts of sale, purchase or exchange, or of any legal acts having as their object the constitution of rights over land or buildings, (including concession, lease, surface, servitudes, usufruct, use, etc.).
During its activity, our company assisted several real estate developers in taking over partially executed real estate projects from companies in insolvency or in the foreclosure procedure, providing legal assistance throughout the project implementation process and the sale of real estate to third parties.
In addition to these, Budușan si Asociații also offers legal services in land register matters, consisting of assistance regarding the tabulation or provisional registration of property rights or other real rights, the notation of certain rights, deeds or other legal reports, the deletion of various entries from the register land, requests for the correction of material errors in the content of land registers, requests for re-examination against the conclusion of land registers and other cadastral operations.
Also, our company provides representation in court with regard to land register complaints, actions for the rectification of land registers and tabular performance actions, real estate claim actions, the establishment of real rights, boundaries, expropriations, evictions, actions for the acquisition of rights as a result of real estate usufructuring or acquisition, the abolition of some constructions and works, etc.
In order to meet the needs of our clients, the lawyers of the Budușan și Asociații Civil Society of Lawyers offer assistance and full consultancy in the field of intellectual property, viewed under its two components, both in terms of industrial property rights, on the one hand, as well as copyright and related rights on the other hand.
The main purpose of our activity is to prevent possible violations and non-recognition of the intellectual property rights that the law guarantees to any work of intellectual creation. In this sense, we assist our clients in registering requests in the field of industrial property rights: both in terms of patents, trademarks and geographical indications as well as the protection of industrial designs and models, both before national bodies - the State Office for Inventions and Trademarks - OSIM, as well as in front of international institutions - International Office of Intellectual Property - WIPO or community - Office for Harmonization of the Internal Market of the European Community - OHIM.
The lawyers within the company will ensure the protection of the interests of our clients during the entire procedure of registration and examination of applications, both in the non-contentious procedure carried out before the specialized bodies and in the disputes carried out before the courts, until the obtaining and issuing of the protection titles which grants and protects intellectual property rights over creations.
At the same time, an important part of our activity is aimed at the defense and recognition of copyright and related rights, as they are guaranteed by law and in accordance with the directives established by the Romanian Copyright Office.
In this sense, our lawyers offer specialist advice both in terms of the protection of moral rights, an indispensable and inalienable component of copyright, as well as establishing together with our clients effective measures for the use and exploitation of patrimonial rights and assisting them in concluding and verifying the necessary legal documents: contracts for the reproduction, diffusion or communication of the work, contracts for the assignment of copyrights.
In accordance with the legal provisions, any violation of intellectual property rights attracts the civil, contraventional or criminal liability of the person who is guilty of not respecting the rights recognized by law.
Our lawyers ensure the defense of our clients' interests in the whole range of processes, both civil and criminal or contraventional in nature. We make sure that the reparation of our clients' interests is complete, by starting all the actions provided for in the matter, both the insurance measures to prevent the occurrence of imminent damages and to ensure their repair, as well as the common law measures to recognize the rights, ascertain their violation and repairing the damage by awarding material and moral damages.
In the context of economic development and social progress, where the activity of innovation and research occupies a significant place, copyright protection is of great importance, in which sense we assure you that you can find in our team a reliable partner for full assistance and efficient throughout the legal process of protecting and recognizing, through intellectual property rights, your ideas before they are made public.
We have always appreciated clients seeking and seeking our legal advice in disputes involving the sensitive area of family law, arising as a result of marital breakdown or other factors.
We offer professional legal assistance services to clients who want the settlement of financial claims between spouses on the one hand, but also the settlement of disputes regarding the custody of minors on the other.
The activities in which we have experience in this field are:
