The Civil Procedure Code entered into force on 15 February 2013, when neither the fax nor the e-mail were unknown anymore in the field of communication. However, the procedural provisions have proven to be tributary to some classical origins, even obsolete in some cases. The interventions of the High Court of Cassation and Justice, of the Constitutional Court, in the matter of law analyzed by the authors in this article, did not have the role of modernizing nor of improving the efficiency of the act of justice. The given interpretations have taken into account the letter of the law and not its spirit, probably starting from the strict application of the procedural provisions. Without disregarding these principles, the authors criticize in an argumented manner the solution pronounced by the Decision No 34/2017 of the High Court of Cassation and Justice, the Panel for the settlement of some legal issues, ruling in the sense of qualifying the procedural act sent by e-mail or fax, after the court’s work schedule, but until 24.00 of the last day of the procedural term, as being done in due time.

The study is devoted to the legislative convergences and divergences existing at the level of the European countries regarding the functioning of small and mediumsized companies. The first part of this approach emphasizes the important role of small and medium-sized companies within the national economies, including their contribution to the formation of the gross domestic product. In the author’s opinion, the support granted by the political and legislative powers, including by the doctrine, is not in accordance with the contribution brought by the small and medium-sized companies to the development of the national economies. Starting from the finding that the typical legal form of functioning of the small and medium-sized companies is represented by the limited liability companies, the author presents the most relevant aspects regarding their establishment, organization and functioning. A particular analysis is also carried out in relation to Directive 2017/828/EC, a European document that is likely to significantly promote appropriate normative convergences. The author also emphasizes some positive trends manifested at the level of the European Union, such as those represented by the elimination of the fixed minimum share capital or by the reduction thereof. Among the legislative divergences, the author analyzes those determined by the conflicts of interests between the members of the limited liability company. In particular, the author takes into account the divergences concerning the right of the minority members, whose interests are threatened by the actions of the majority members, to freely exit that company.

The declarative establishment of democratic traditions or insurrectional ideals at a constitutional level is legitimate and explicable as an element of public law philosophy and social psychology, but also of national identification, especially in situations where the Constituent Assembly established a democratic political regime, opened to the aspirations of a nation that has liberated itself from the authoritarianism of a tyrannical government system. However, the issue we are raising is whether democratic traditions are justified in a normative regulation. In my opinion, the proper place to preserve the national values and the historical political and juridical traditions of a people cannot be the normative text of the Constitution, because it, as a fundamental normative act, from the point of view of positive law, has the role to regulate political, social and economic relations and others as valid social phenomena measurable politically and legally. The original place of the traditions and values of a community lies in its public consciousness and in the general lifestyle. Here, they retain intact the ideological content and form, as they penetrated through objective scientific knowledge, as well as through a spiritual path in the individual’s consciousness, and extended to successive generations. In this way, democratic traditions acquire an explanatory role for the philosophy of public law. A question arises: if democratic traditions are transposed by constitutional norms in the national legal order and converted into constitutional traditions, can they be challenged scientifically and historically? Contesting the democratic traditions in a scientific work or denying their existence, as well as legislating some areas of social life without considering the Romanian constitutional traditions, are subjected to malpractice or even sanctioned by the law?

The study is dedicated to celebrating the centenary of the achievement of the national unity of the Romanian people and it is devoted to some of the legislative, doctrinal and jurisprudential evolutions and mutations occurred, during this period, within the institution of civil obligations. The author shows that the evolutions in question have their etiology and explanation in the social needs, determined by the specificity of the historical stages and of the political regimes which the Romanian society has gone through. His approach is placed in the general context of the most relevant changes that have occurred, over the years, in the texts of the Civil Code and of the related legislation. This explains why the study starts with an introductory paragraph, in which it is presented the general state of the old Civil Code and there are set forth its main changes, occurred after 1918.