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Article 913 of the Civil Procedure Code regulates two situations in which the court executor will establish the existence of an impediment to enforcement: when the minor himself categorically refuses to leave the debtor, respectively when the minor has aversion to the creditor. Faced with either of the two hypotheses, the court executor will not put pressure on the minor (he will not use force, he will not abuse him), but he will draw up an official report, which he will communicate to the parties and to the representative of the General Directorate of Social Assistance and Child Protection, which will notify the competent court (the guardianship and family court) to order a psychological counselling programme appropriate to the child’s age as a protection measure necessary to avoid the child’s subsequent refusal on enforcement. The child who has reached the age of 10 will be mandatorily heard. According to the law, the psychological counselling programme can not exceed 3 months. After an initial psychological assessment of the child, the psychologist appointed by the court will determine the duration and content of the psychological counselling programme. Upon the completion of the psychological counselling programme ordered by the guardianship court, the psychologist draws up a report which he communicates to the court, to the court executor and to the General Directorate of Social Assistance and Child Protection. Whereas the starting point for the new regulation was represented by the presumption that the minor’s going through the counselling programme will lead to the change of attitude towards the creditor of the obligation, after receiving the report drawn up by the psychologist, the court executor will resume the procedure of enforcement, under the terms of Article 911 of the Civil Procedure Code, therefore in the presence of a representative of the General Directorate of Social Assistance and Child Protection and, if the latter considers it necessary, of a psychologist, and he may benefit, when necessary, from the assistance of the public force agents. -
Un eveniment major al istoriei unui popor și aniversarea sa, precum Centenarul Marii Uniri (desăvârșirea procesului de constituire a statului național unitar), reprezintă pentru știința națională ocazia, după caz, deopotrivă de evocare și evaluare peste timp a semnificațiilor aferente din perspectivă proprie și, respectiv, de privire asupra sine însuși, surprinderea evoluțiilor și progreselor înregistrate în dezvoltarea proprie, a provocărilor prezentului și a posibilităților viitorului. Din acest punct de vedere știința dreptului are o implicare specială. Într-adevăr, prin natura și consecințele sale, ceea ce s-a întâmplat și realizat acum o sută de ani reprezintă, prin excelență, un proiect politico-juridic și poartă o puternică încărcătură prospectivă. Cercetarea dimensiunii juridice indispensabile și prioritare a procesului de constituire, desfășurare, desăvârșire și consolidare a statului unitar român, a permanențelor și manifestărilor și urmărilor sale de azi și de mâine a fost și rămâne o prioritate pentru știința juridică românească.
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Take Ionescu was one of Romania’s most remarkable politicians at the end of the nineteenth century and the beginning of the next one, especially before and during the First World War. He was active in politics over 30 years, especially within Conservative Party, whose leader wanted to become, but without success, the competition being intense along with great figures of the Romanian politics of those times: Petre Carp, Alexandru Marghiloman, Nicolae Filipescu, George Gr. Cantacuzino and others. He was one of the brightest orator in the Romanian Parliament, being known and feared by the close logic of his interventions and his great popularity, which attracted close to him many and valuable persons, among them: Constantin Dissescu, Nicolae Titulescu, the historian Xenopol, Dr. C. Istrati, etc. Among his qualities were seriousness and competence, approaches on multiple plans, which was why he was minister in seven governments and, towards the end of his career, was for the short time Prime Minister of the Government. He formed a dissident Conservative Party, which played an important role in the first decades of the 20th century, participating in the exercise of power with other political parties. Take Ionescu was one of the most conscious fighters for the cause of the Great Union of all the Romanians, tirelessly militating for participation in the World War I, along with the Entente countries, which they supported. He was intended to play an important role at the Peace Conference in Paris, but vanities and politicking games made to be absent from this event, where his contribution would have been particularly useful. In the end, as Foreign Minister in the Government of General Averescu, Take Ionescu was the architect of the Balkan Pact, which his disciple Nicolae Titulescu put into practice.
