Recording a factual situation
Applicable procedure and legal provisions.
Recording a factual situation is the procedure through which the enforcement officer records, on site and at an interested person's request, circumstances that may cease or change before evidence is taken.
Urgent recording — Art. 364, Romanian Code of Civil Procedure
The procedure preserves evidence of an existing situation. The competent officer visits the site and describes the directly observed circumstances in a record.
If the opposing party's or another person's cooperation is needed, their consent is required. Without consent, the interested person may seek court authorisation under Art. 364(3).
Record and evidentiary value — Art. 364(4), Romanian Code of Civil Procedure
A copy is served on the person against whom facts were recorded if they were absent. The record has the evidentiary force of an authentic instrument and may be used in litigation subject to law.