The study devoted to the loan contract resumes in a new form, determined, indeed, by the new Civil Code as well, this type of contract with a millenary existence, which has its roots in the Roman Age. The study emphasizes the evolution in time of the loan contract, from the essentially free loan, concluded between relatives, friends, acquaintances, a contract in which the moral precepts, including those related to religious morals, were extremely obvious, to the current loan contract, with an onerous variant, a contract that, without having lost its viability, has become extremely topical, useful. The study also emphasizes the form in which the Civil Code has insisted on regulating this type of contract, under the more or less beneficial influence of the doctrine and of the case law prior to its adoption. We tried, where we found it necessary, to go beyond the traditional patterns of the contract, as it is regarded by a significant part of the doctrine, and to accredit other points of view, being fully aware of their fragility. Last but not least, we tried to adapt the theories of some pragmatic exigencies, which, ultimately, should prevail over any constructions more related to the philosophy of law, not to the changing law.

Instanța de control judiciar a decis că sesizarea formulată de judecătorul delegat cu executarea, întemeiată pe dispozițiile art. 583–585 C.pr.pen., este admisibilă și, în consecință, se va proceda mai întâi la anularea suspendării sub supraveghere a executării pedepselor aplicate pentru fapte aflate în concurs și, în continuare, în mod logico-juridic, se va proceda la contopirea acestor pedepse (cu notă aprobativă).

This article presents one of the issues of administrative law, namely its codification, by using the comparative study and the diagnosis analysis. Based on the inventory of the essential elements of the preliminary theses the conditions of the subsequent evolution of the Administrative Code in Romania are identified. The study emphasises the necessity to correct the existing normative framework and the thorough analysis of the social necessities. At the same time, the article draws attention to the necessity to adopt the Administrative Procedure Code with major role in the simplification and stability of the legal relations of the public administration with the other social protagonists. The diversity of meanings on the administrative codification from other states reflects the place and role of the Administrative Code in the Legislative Repertoire, but also its corroboration with the sectoral codes. The article points out, by recommendations, the normative requirements regarding the proper functioning of the public administration and draws attention to some measures that can be implemented within the limits of the current legal framework.

Starting from the contents of the preliminary theses which seem to announce the imminent entry into force of a new Administrative Code, this study proposes an analysis on a double level: on the one hand, by establishing some correct relations both with the future Administrative Procedure Code and with other hypothetical future codes (the Urbanism Code, the Domain Code, the Contraventional Code, etc.), the matter to be regulated by this new Code should be decided: from a minimalist vision (the central and local public administration plus, possibly, the public function and civil servant) to a maximum one (additionally, the same Code is also going to cover the matter of public services, of goods belonging to the administration, of administrative liability respectively), for reasons of pure opportuneness it is for the legislator to delimit this Code from others which he envisages in the more or less near future. On the other hand, we have approached, at the level of legal details, some problems that, de lege lata, do not have a solution at all or have a questionable solution: the matter of cessation by right of the mandates of the mayors convicted to custodial sentences with suspension of the punishment under supervision, of the mayor’s quality of the State's representative, the daring solution of repealing the provisions of the Civil Code referring to the public property and their development in the Administrative Code, establishing a clear distinction, as far as possible, between the liability (to third parties) of the administration from that of its authorized person (a public servant, as a rule), to mention only the most important ones.

Requests for clarifications regarding offers submitted by tenderers in a public procurement procedure are a necessary instrument for contracting authorities that allow them to avoid any unjustified rejection of any offer and breach of the general principles described by the national and European provisions. Questions such as if there is still a debate on the right or obligation to address clarifications are treated in the article. The analysis takes into consideration the provisions of the new legislation on classic public procurement in contrast with the old legislation in order to seek the differences and the similarities.

Chestiunea pusă în teză generală la înălțimea principiilor fundamentale ale dreptului nostru public trece peste importanța litigiului concret cu ocazia căruia se pune această chestie. Suntem deci datori a o examina la acea înălțime și justiția la rândul ei e datoare și în drept să-i dea soluția care o va crede mai conformă acelor principii. Fără îndoială că nu este fără greutate considerația generală ce s’a invocat că dispozițiunile constituționale ar putea să rămână fără efect, dacă ar fi permis legiuitorului ordinar să distrugă prin opera sa legislativă bazele pe care este clădit tot edificiul vieței noastre publice, așa cum este el așezat în pactul nostru fundamental și dacă justiția nu ar avea dreptul să repună la loc părțile vătămate ale acestui edificiu.