Presenting the specific fundamental rights granted to the European citizens, of the new rights guaranteed in compliance with the progress and development of the society and taking into consideration the case law of the European Court of Human Rights and of the Court of Justice of the European Union, the author emphasizes the autonomous nature of the Charter of fundamental rights of the European Union. The fact that the Charter of fundamental rights of the European Union is granted a binding legal value after the Treaty of Lisbon enters into force, shall have an important part for the accession of the European Union to the (European) Convention for the protection of human rights and of fundamental freedoms. The Charter of fundamental rights of the European Union shall contribute to the acquirement of the important part that the European Union will play on the international stage, in the field of the human rights protection.

This study proposes a thorough and precise examination of the provisions of the present Civil Code regarding the institution of the contract, especially, its drafting mechanism. The objective of our research concerns the reference made to the innovative items, but also a critical view regarding the possible discrepancies existing between the legal text and the judicial practice, respectively the concepts developed by the specialty literature under the pressure of the Civil Code of the year 1864. The approach is based upon a permanent tendency to refer to the comparative law, especially the European law and the great projects of unifying the regulation of the international commercial contracts, UNIDROIT Principles and the Principles of European Contract Law. We notice that one of the basic ideas taken into account by the editors of the Civil Code is that of „unifying” the civil law and the commercial law, by adopting the solutions proposed by other Codes, such as the Swiss or the Italian code. The assembly of the regulations applicable to the mechanism of the contract drafting has to be construed from this perspective. The usefulness is undisputable considering that the distinction cannot be justified at this level in a modern society. Likewise, it is required to specify that in the matter of drafting the contract, the good faith principle was raised to the rank of an „axiological summum”, being present both in the negotiations-related regulations and in the rigorous and detailed provisions of the offer and of its acceptance.

The article contains an analysis of litigation on reducing military service pensions recalculated/revised by Law no. 119/2010 and by Government Emergency Ordinance no. 1/2011, in relation to those retained by the High Court of Cassation and Justice in Decision no. 29/2011, given in solving interesting appeal in law, on the application of the provisions of Law no. 29/2011. From the perspectives of the Decision no. 29/2011 the High Court of Cassation and Justice, the analysis is presented on two levels. First, targeting issues of constitutionality of the Law. 119/2010 and, second, conventional control of the law courts, in assessing the application effects in concreto of national standards, by reference to the European Convention on Human Rights.

In this study the author performs a general exposure of the concept of periodic penalty payments firstly (concept, terminology, origin and evolution; legal nature; goal, legal basis; structure), and then examines the legal regime of the periodic penalty payments in the administrative matter (the grant conditions; the forms of the periodic penalty payments and the liquidation of the periodic penalty payments in the matter, and finally he discusses about the issue of the periodic penalty payments in the administrative matter in the light of the European Convention for the Protection of Human Rights and of Fundamental Freedoms (including in terms of the practice of the European Court of Human Rights from Strasbourg).

The author examines the provisions of articles 1013–1024 of the new Romanian Code of civil procedure (Law no. 134/2010, as republished on the 3rd of August 2012 and entered into force on the 1st of February 2012) in the matter of the order for payment comparing them to the previous provisions (abrogated at present) of the Government Ordinance no. 5/2001 on the payment summons and of the Government Emergency Ordinance no. 119/2007 regarding the order for payment. Finally, she appreciates in a positive manner the new regulation in the matter and recorded in the new Romanian Code of civil procedure.

The trust that the patient grants to the medicine professionals for applying the prevention or treatment methods corresponding to his health condition, under the lowest risks, depends on correct and complete information regarding his prevention, diagnostic and treatment activities. Actually, the breach of this deontological duty represents an act of betrayal of his trust, as he could not choose the best solution corresponding to his own interests, in the circumstances in which the patient is free to decide about his own fate. From the legal point of view, this breach of duty results in the civil liability incurred for the prejudices caused to the patient. Considered from the perspective of the biomedical ethics, the physician’s duty to inform the patient brings into focus an interesting subject of research: the manner in which the observance of the patient’s autonomy affects the mechanism of adopting the medical decision related to the diagnostic, the care, the treatment or determining him to undergo certain scientific experiments. From this perspective, the study tries to provide a new approach of the duty of information, but this time from the ethical point of view related to the consideration due to the dignity of the patient human being who is so vulnerable and suffering. The selection of the case law solutions rendered completes the exposure of the legal consequences regarding the breach of this duty.