Questions and answers

Questions we have answered

• Challenging fines20 July 2026

  Question from Andrei M.

  I received a parking fine from the local police, but the offence report does not state the time at which the offence was observed. Is that a ground for annulment?

  The missing time is not, in itself, a ground for absolute nullity. Absolute nullity applies where the report omits the officer's name, the date of the offence, the description of the act, or the officer's signature.

  The time may nevertheless be relevant as a relative nullity: if its absence prevents you from defending yourself — for instance, you cannot prove the vehicle was not there at that moment — the court may find prejudice and annul the report. This must be expressly pleaded and argued, not merely pointed out.

  We recommend also requesting any photographs the finding was based on; they frequently carry a timestamp that can confirm or contradict the officer's account.

• Employment law8 July 2026

  Question from Cristina P.

  My employer is asking me to sign a termination by mutual agreement, saying that otherwise I will be dismissed for misconduct. What are the risks if I sign?

  Termination by mutual agreement is, in principle, final. Once signed, you can no longer challenge a "dismissal", because legally there was none — there was an agreement you consented to.

  The only remaining route is annulling the agreement for defective consent, in particular moral duress. A threat of disciplinary dismissal can amount to such a defect, but only where the threat is illegitimate — that is, the employer had no real basis for a sanction. Proving this is difficult and the burden falls on you.

  Before signing, ask in writing for time to consider, and keep any message or email showing the condition imposed. If there is genuine misconduct, an assisted negotiation often secures better terms than a refusal followed by dismissal.

• Companies (LLC, JSC)25 June 2026

  Question from Radu I.

  I hold 50% of an LLC and the other shareholder refuses to convene the general meeting. What can I do?

  You have two instruments. First: holding at least a quarter of the share capital, you may require the director to convene the general meeting, stating the agenda. The request must be in writing, with proof of service.

  Second: if the director does not act on it, you may apply to the court, which can authorise the meeting to be convened and set the agenda.

  In parallel, review the articles of association — a 50/50 split with no deadlock mechanism frequently leads to decision paralysis. If the deadlock persists and affects the company's operation, judicial dissolution for serious disagreement between shareholders can be discussed, but that is a last resort with consequences for the value of the business.