Despite of the settling for several years in the Romanian legislation of the regulation giving the creditor the opportunity to regulate the enforcement of the debtor’s obligation, the holder of a trademark, in the manner of the legal seizure of the trademark directly from the estate of the latter – the provisions of art. 40 para. (2) of the Law no. 84/1998 on trademarks and geographical indications, the creditors completely ignore this option as they are not able to anticipate its multiple advantages. The legal seizure of a strong trademark known among consumers – the recipients of the goods or services which the trademark is associated to, confers the creditor seeking enforcement a true mean of enforcing the debtor in the voluntary and immediate execution of its duty. The latter is threatened with the loss of the right to use the trademark in its trade activity, a trademark that it had made famous in time with significant costs and making continuous effort. The manner in which the legislator intended to outline the text of art. 40 para. (2) of the Law no. 84/1998 suggests indirectly that the trademark rights can be enforced ut singuli, distinctly from the goodwill in which they are included, and the legal nature of the concept of trademark determine the means of enforcement whose procedures have to be followed in order to achieve the ultimate goal – recovery of the claim: the indirect. movable enforcement, by sale at auction of the trademark rights, after its evaluation by a judicial technical expert in the matter of the industrial property rights.

The author analyzes the legal status of undue payment, regarded as a source of civil obligations, such as they results in the texts of the new Civil Code. It has been specified since the beginning of the study that in general no essential amendments were reported in relation to the definition and existence conditions of this legal deed. However, it is noted as a novelty that the rules of undue payment in the new legislative environment apply also when the payment consists of the provision of services or execution of works. Likewise, the new Civil Code, unlike the old regulation, does not set forth anymore expressly the condition that the payment be made in error by solvents; however, the author argues, with convincing arguments, that the error of solvens is usually an actually relative prerequisite of the undue payment. A large space is given to the obligation to reimburse the undue payment and the rules applicable to it regarding the existence, the limits and its manner of execution. Most of these rules are located in a separate title of the Civil Code (Art. 1635 to 1649) and apply, with some exceptions, to all reimbursement obligations, regardless of their source. The author notes that, in their content, these rules contain many new elements compared to the old Civil Code, which tries and manages to examine carefully, formulating relevant solutions and answers.

In the study, the author makes an analysis of the preventive measures applicable to the individual in the system of the new Criminal Procedure Code adopted in Romania. The general conditions to be fulfilled for taking all preventive measures, the particular conditions specific to each measure, the grounds and the procedure to be followed for the determination of such measures, are detailed. The emphasis is laid on the house arrest, an institution that has a new nature in the Romanian criminal procedural legislation, but we pay attention to the manner in which the detention, the preventive arrest, the judicial review and the judicial review on bail. The author makes a number of proposals to improve the legislation in the matter, for those situations in which it considers them to be necessary.

On the occasion of the modification of the claims regarding the establishment of a seizure, the judge of the cause of action should examine to what extent, from the psychological and legal point of view, the active involvement of the creditor – most often the single litigant who knows the existence of the file – prejudices certain fundamental principles of the civil trial such as the principle of the equality of arms or the principle of contradictoriality. The simple record of the presence of the party, in the absence of the other party, is sufficient to affect, by itself, these cardinal ordinances of the civil trial. The principle of availability cannot justify a proportional reduction in the amount of the bail in relation to the reduction of the sum to the amount to which the establishment of the seizure is required; otherwise, it would create an insurmountable “obstacle” in the path of the debtor which, “exposing” the abusive approach of the creditor subsequently, would be obliged to have its fill of an inappropriate bail of the suffered prejudice.

Elementul material al infracțiunii de înșelãciune existã distinct de elementul material al infracțiunii de fals în înscrisuri sub semnãturã privatã, activitatea de falsificare a înscrisurilor și folosirea lor în vederea producerii de consecințe juridice consumându-se la momentul sesizãrii instanței, activitatea ulterioarã desfãșuratã de inculpat de inducere în eroare a pãrților vãtãmate în scopul obținerii unui folos material injust realizând latura obiectivã a infracțiunii de înșelãciune, rãmasã în forma tentativei (cu notã criticã)

Following the repeal of the legal provisions set forth in the Law. 83/1995 and then in the Law. 130/1999, which generally regulated the situations in which, instead of concluding an individual employment agreement, a civil agreement for services could be concluded, the question arises in which cases and under which conditions such civil agreements can be concluded at present, under legal circumstances. In the article below the author studies this problem and draws up finally, as well, some proposals de lege ferenda to avoid any discussions and controversies in the field.