LEGAL OPINION
I note that the agreement relies on the performance of the Executor’s obligations to Art. 11 of the
Law on Citizenship; this has been highlighted under Art 2.2 of the agreement. This therefore
means that the Executor has tied themselves to ONLY helping you obtain citizenship through
repatriation, and if this is not possible, then you cannot claim against them. The danger of this is
that, as you have stated, your parents do not fall under the category of persons who lived there in
1918-1940, this means that the repatriation option does not cover them and you as their
descendant therefore, you cannot sign that agreement knowing that its implementation is legally
impossible. Futher, the Executor can easily claim that the lack of implementation is because you
provided them with the wrong information e.g by claiming that you led him to believe that your
parents fall under the 1918-1940 bracket; this will entitle the Executor to terminate the
agreement under Art 10.1 without refunding you any amount.
I am however alive to the fact that some unscrupulous methods are employed to allow one gain
citizenship, and I cannot rule out the possibility of the Executor being able to find a way around
the repatriation option to your advantage, however, I would not advise you to sign the agreement
that only obligates him under the repatriation provision because if it fails, you will have no
recourse.
Please refer to the below information for more clarity:
" The Romanian Immigration Legislation implements two ways to decide if a foreigner can
obtain Romanian citizenship – naturalization and repatriation. The standard procedure for
registration is naturalization. This takes roughly 5 years, requires residence in the country
permanently, proficiency in the language and rejection of one’s current passport. On the other
hand, the repatriation program gives you the ability to receive a Slovenian passport in less than 1
year.
Acquisition of citizenship guaranteed by the Law of Romania “On Citizenship” No. 21/1991, as
amended, and on basis of Art. 11 of the Law on Citizenship and Art. 7 of the Constitution of
Romania. The Citizenship of Romania Act has been amended for Ethnic Romanians living in
other states. “Ethnic Romanians” refers to citizens whose relatives lived in Romania between
1918 and 1940."
My advise would be to make an addendum to the contract. Please note that I am willing to
prepare the said addendum at a separate cost.
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