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  • The authors of this study bring into question issues arising from the adoption of the new codes, the Civil Code and that of Civil Procedure, and analyze practical aspects relating to the laws implementing the two new codes impact on the related acts thereof. Adopting the new codes, in addition to establishing provisions to meet current requirements, has also generated numerous legislative interventions on the related legal acts. To facilitate tracking legal information, republication of these related acts was provided for, operation which, most often created many problems regarding proper preparation of the re-publishable forms of the concerned acts. Furthermore, the authors also present statistics about the number of normative acts needed to be republished under the new codes and the concrete way to fulfill this task, specifying both the acts in respect of which the re-publishable forms have been formally drawn, and those in respect of which this obligation has been fulfilled by republishing thereof in the Official Gazette.
  • The appeal for annulment –Articles 503-508 of the new Romanian Code of Civil Procedure (Law no. 134/2010 republished on August 3, 2012 and which will enter into force on February 1, 2013) is one of three extraordinary remedies at law (appeal, appeal for annulment and motion for revision). Appeal for annulment was also regulated by the previous Code of Civil Procedure (of 1865, republished in 1948, countless times subsequently amended and supplemented). This study is a comparative analysis of the regulation on the appeal for annulment in the previous of Civil Procedure Code and the new Code of Civil Procedure, compassing both similarities and differences between the two regulations.
  • Under the rule of the Romanian Family Code (effective between 1 February 1954 – 30 September 2011) the admissibility issue concerning the action for contesting filiation was controversial. The new Romanian Civil Code (Law no. 287/2009, republished on 15 July 2011 and entered into force on 1 October 2011) settles the discussion whilst expressly regulating (in art. 421) “the action for contesting filiation”. In this study the author makes a thorough analysis of this purport.
  • This study deals with the extremely complex problems of the legal relation of criminal enforcement law, often confused with the legal relation of substantive criminal law or even with the relation of criminal processual law. That is precisely why the author insists on the specific elements of the analyzed relation, thus creating clear delimitations between the three institutions that have separate existence, and also areas of very strong interference.
  • Due to the prevailing technical nature and to the insufficient discussion on this subject in the doctrine and the specialised literature, the search of computers gives rise to controversies. The author presents, step by step, every phase of this probative procedure, emphasizing the criminal processual particularities in the light of the regulation in force (Article 168 of the new Criminal Procedure Code) and of the previous one [Article 56 (4) of the Law No 161/2003 corroborated with Article 100 and following of the Criminal Procedure Code of 1968], as well as the technical – computer particularities.
  • The study deals with the problem of the legal nature of the concurrence established between the offence of assault or other violences and the offence of ill-treatment of minor. The identity in material element between the two offences may be complete, in which case they are in formal concurrence. There is a complete identity in material element when both offences involve a duration of consumption in time. The identity in material element can not be complete, in which case the two offences are found in real concurrence. There is an incomplete identity in material element when the offence of ill-treatment of minor involves a duration of consumption in time, while the offence of assault or other violences lacks this feature.
  • The author of this study points out the urgent need of reformation of the legal higher education, in the context of economic globalisation and of the phenomenon of mondialisation of law. This involves, in the opinion of the author, its adjustment both to the new exigences of the professional market and to the internal changes of the system of legal science and theory, in the effort to acknowledge and express the evolution of a globalised world. Within this study there are analyzed, among others, the current trends of the legal higher education from the perspective of the common law model and of the continental legal model of Romano-Germanic origin. Likewise, there are presented the important models of training of jurists in the West, as well as the situation of the legal higher education in Romania.
  • The new normative framework in the matter of insolvency regulated by the Law No 85/2014 on the procedures for preventing insolvency and for insolvency brings some significant mutations in this matter, regulating the mentioned legal institution, of a great importance to the economic environment, by more clear, concise and predictable rules. In the ambience of the new regulation in the matter of insolvency, as well as of some special regulations in this matter, this study intends to make an analysis of a few general aspects regulated by the new normative framework in the matter of insolvency and by the special regulations in the field, pointing out, through a comparative analysis to the provisions of the former law, the elements of novelty brought in the matter of insolvency.
  • In this study the authors intend to point out the significant novelties brought in the matter by the Law No 85/2014 on the procedures for preventing insolvency and for insolvency, as compared to the previous regulation (the Law No 85/2006). This being the case, the authors examine the mentioned novelties: (I) as concerns the judgment within the insolvency procedure; (II) with reference to the effects of the insolvency procedure; (III) in the field of reorganization and bankruptcy. Finally, the authors come to the conclusion that the Law No 85/2014 succeeds to cover a series of legislative gaps, to settle some controversial issues in the legal practice and, finally, to provide some equitable solutions where the provisions of the old law (No 85/2006) were rightfully criticized.
  • The regulation of the movable property mortgage in the new Romanian Civil Code (Articles 2387–2419) was a necessity and it represented an important element of reform in matters of guarantees. The importance of the movable property increases every day, so that the Romanian legislator had to adjust to the permanently changing economic and social requirements. In the opinion of the author and, partly, in disagreement with other authors, the movable property mortgage agreement has the legal nature of a constitutive, unilateral, free, solemn and public agreement, being ancillary to the claim which it guarantees. This paper examines the solemn character, the constitutive character and the free character of the movable property mortgage, because it is only about these characters that the author has some key observations.
  • Procedura succesorală, procedură prin care se transpun în practică dispozițiile normative ce vizează succesiunile și transmisiunea acestora, poate fi după natura sa o procedură litigioasă sau una nelitigioasă, aceasta ținând strict de competența acordată instanțelor de judecată sau notarului public.
  • Problema executării silite este reglementată în mod sumar în instrumentele europene adoptate în domeniul cooperării judiciare civile, astfel încât, în prezent, această materie este guvernată de principiul teritorialității procedurilor de executare. Aceasta înseamnă că procedurile de executare silită sunt reglementate în principal de legislațiile naționale, instanțele statului membru de la locul de executare dispunând de competență exclusivă pentru rezolvarea tuturor incidentelor rezultate din activitatea de punere în executare silită a titlurilor executorii.
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