• The paper proposes to examine, based upon a comparison, the system of the appeal for annulment and of the motion for revision, according to the new Code of Civil Procedure and to the prior regulation, in the light of the principle of the right to a fair trial in due and foreseeable time. Considering the nature of the appeal for annulment and the motion for revision of the extraordinary remedies, also the principle of the legal relationships security is emphasized, which requires that the final and irrevocable court orders could not be put up for discussion, except in the presence of certain “fundamental flaws”, set forth by law expressly and in a restrictive manner. The paper describes the amendments and the supplements brought by the new Code of Civil Procedure and in so far as they meet the needs of the issues which received several interpretations in the practice under the regulation of the Code of Civil Procedure of the year 1865, such as the period for the exercise of the appeal for annulment or, on the contrary, they may generate a non-unitary practice, such as the obligation to assist/represent by a lawyer in the matter of the means of appeal related to the withdrawal.
  • The paper examines the trust, a newly regulated institution in the content of the Romanian Civil Code (Law no. 287/2009) into force from 10 October 2011. The author formulates any critical remarks about the way in which the legislator defined the trust agreement, makes a comparison between the trust and the other similar legal institutions and highlights the specific elements of the parties and the content of the trust agreement. A special place shall be granted to the analysis of the fiduciary capacity, of the liability, of its obligations and relationships with the other persons, as well as to the analysis of the ways in which the trust agreement shall be terminated. The author formulates numerous de lege ferenda proposals as well, intended to align the legal rules in the matter with the objective legal reality.
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