In this study, the author aims to highlight a number of limitations of the principle of availability in the second phase of the civil process, such as, for example, the need to approve enforcement by the court, the impossibility of representation of the legal person by another legal person, execution by persons or entities other than the creditor, as well as the imperceptible nature of certain goods. At the same time, this procedure cannot be initiated against those who enjoy immunity from enforcement, and the failure to register documents under private signature in the National Register of Real Estate Advertising was an impediment to enforcement until declaring the legal provisions of this obligation as unconstitutional. This presents the difficulties encountered by the holder of the writ of execution in his attempt to enforce it, as well as doctrinal and jurisprudential controversies, which led to the conclusion of the need to repeal the institution of approval of enforcement.

In practical situations with medical implications, the nature of the expertise must be established as a matter of priority. This matter involves a series of discussions on the differences between forensic expertise and specialized medical expertise. Nowadays, forensic expertise continues to be approached from an obsolete perspective, without detecting its limits in medical or legal matters. Highlighting the differences between the two categories of expertise and the shortcomings of the relevant legislation has major practical consequences. The utility of this study lies in terms of analyzing the legal significance of respecting the medical specialty and the object of the medical expertise – a new category of expertise, which seems to be of no practical use, despite its great importance. This respects the principle of medical specialty and takes into account also the level of development of medical science in the field of expertise. Adherence to incidental medical guidelines or protocols can be verified only by a specialized medical expertise, the only one able to analyze the compliance of the medical conduct. Instead, the limits of forensic expertise are revealed by its object, which is just another expertise in medical law, without encompassing the entire medical or legal matter, in a single specialty. The two types of work must be clearly delimited in judicial practice, for the full clarification of legal situations with medical implications, regardless of their nature.

The insurance market in Romania is an extremely complex field of legal regulation, which involves not only the observance of the principle of fair competition between the professional competitors, rivals on the market, but mostly the observance of some high standards of consumers’ protection, which are in a net inferiority ratio from a financial, informational and organizational point of view, in comparison with the policy issuers covering the compulsory civil insurance. From this perspective, the withdrawal of the operating authorization and the initiation of the bankruptcy procedure against the Insurance-Reinsurance Company City Insurance – S.A. raises a series of big problems for the clients of this insurer, not only from the point of view of the contractual relations established by the insurance contract, but especially through the procedural mode of action on the part of these consumers, so that the protection of their rights be full, as well as that the effects of the opening of bankruptcy procedure against City Insurance be mitigated, as much as possible, in relation to the already precarious situation of these clients. We intend, through this study, to highlight a series of pressing legal issues and to propose a series of solutions to the legal, substantive or procedural issues that arise from the withdrawal of the authorization of this important player on the insurance market from Romania. Thus, those entitled to recover the expenses occasioned by the repair of the cars involved in road accidents caused by the clients of City Insurance – S.A. have the way opened for a special and accelerated procedure for the recovery of these damages, without waiting for the opening of the bankruptcy procedure against this insurer and the registration in the amount of claims, extremely laborious and time-consuming legal procedures, which raise problems for the consumers who are victims of traffic accidents, and also for the clients of the insurance company who could see themselves engaged in legal actions intended to lead to the compensation of those injured in road accidents and that would endanger their personal patrimony, although they appear as contracting parties and beneficiaries of some perfectly valid RCA policies on the date when the damage was caused.

The continuation of the criminal trial is a form of exercising the right of defence through which, in the cases expressly and limitingly provided by law, the suspect or defendant causes an increase in procedural activity after extinguishing the criminal action in order to unequivocally establish his innocence. This procedure, which is the subject of this study, was established to guarantee the presumption of innocence of the suspect or defendant in the event that the criminal action is extinguished as a result of certain impediments provided by Article 16 of the Criminal Procedure Code. These impediments are: the existence of a cause of imputability, the intervention of the pre-conviction amnesty, the intervention of the prescription of criminal liability, the withdrawal of the preliminary complaint and the existence of a cause of impunity. These situations are limited.