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The article deals with the problems of suspension of judgment by the Romanian court based on Article 413 (1) point 1 of the Civil Procedure Code, on the grounds of the existence of a judgment pending before a foreign court. -
The article analyzes one of the circumstances which prevents the conclusion of marriage, i.e. kinship. Following a brief introduction, the author focuses on impediments to marriage resulting from natural kinship, kinship resulted from adoption and kinship in case of medically-assisted human reproduction with a third donor. The final part is devoted to the conclusions which can be drawn from this study. -
In this study, the author, opposing the opinions expressed in a recently published study, reaches the conclusion that, after the Police Officer Status enters into force (Law no. 360/2002), the recovery of expenses from police officers (trained by the Police Academy) failing to comply, for reasons imputable to them, with the obligations included in the commitments undertaken according to art. 9 of the Government Decision no. 137/1991 or art. 17 of the Government Decision no. 294/2007, shall be made according to art. 84–85 of the Civil Servants Status (Law no. 188/1999, as republished) and never according to common law (the civil code/law), by way of an action filed to the common law court. -
In this study, the author, opposing the opinions expressed in a recently published study, reaches the conclusion that, after the Police Officer Status enters into force (Law no. 360/2002), the recovery of expenses from police officers (trained by the Police Academy) failing to comply, for reasons imputable to them, with the obligations included in the commitments undertaken according to art. 9 of the Government Decision no. 137/1991 or art. 17 of the Government Decision no. 294/2007, shall be made according to art. 84–85 of the Civil Servants Status (Law no. 188/1999, as republished) and never according to common law (the civil code/law), by way of an action filed to the common law court. -
This study is mainly devoted to the analysis of provisions of the current Romanian Civil Code (Articles 441–447) referring to „medically-assisted human reproduction with third donor” and to some „doctrinal reactions” in relation to the new regulation. Likewise, where deemed appropriate, some opinions have been substantiated and various de lege ferenda proposals have been made.
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In the study hereby, the author sets under review the legal regime applicable to certificates of succession under the law prior to the effective date of the Civil Code (October 1st, 2011), as well as amendments thereto under the provisions of the new Code. Prior to the aforementioned reference date, unlike other theorists, the author argues that the certificate of succession only proved the capacity as heir and did not represent a title deed per se, which by its sole would constitute the ground for entering into Agreements or inscription in the Land Register. In support of this point of view, the author quotes numerous decisions precedent. Therefore, the Civil Code brings a change in this field by granting the certificate of succession the effects of a title deed. -
This study falls within the so much present problems of civil liability of professionals for malpractice. Starting from the arguments of a jurisprudential solution concerning the lawyer’s liability for the damage caused to the clients or to the third parties, the article intends to present the regulation, the special conditions, the legal nature and the foundation of this hypothesis of liability. By her conclusions the author supports the idea that the civil liability of the lawyer is a separate and autonomous professional civil liability.
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The study hereby was inspired by a recent Case where the European Court of Justice (ECJ) ruled upon a petition for a preliminary ruling covering the interpretation of the provisions of Council Directive 93/13/EEC of April 5th, 1993 on unfair terms in consumer contracts made under Article 234 EC (now Article 267 of the Treaty on the functioning of the European Union). Taking our stand upon the issues highlighted by the aforementioned case, namely the possibility of cancellation of an arbitration award by the Court of enforcement and implementation ex officio of the European Union Law by the national court, it should be laid down some clarifications relating, mainly, to the ECJ solution with reference to the principles of the European Union Law, as well as national issues regarding the subject of the enforcement act, the possibility to pursue an appeal against the arbitration award, the principle of availability governing the lawsuit, but also the res judicata of judgments. The authors critically analyze the judgment and bear in mind the relevant Romanian law (including the provisions of Law no. 134/2010 on the new Code of Civil Procedure), and the possible effects in national, arbitration or judicial jurisprudence. -
In this paper, the author reaches the conclusion according to which in the Romanian law, in principle, the parties’ inequality, in the mater of the transaction agreement, shall not be sanctioned, just as the cancellation of such injury agreement is not admissible. Despite all these, a transaction agreement concluded as a result of an economic constraint may be cancelled if the existing necessity conditions are met, and the disproportion affecting the contractual performances is unjust, illegal; according to this last aspect, the extent to which one of the parties misuses the economic dependency of the other party for the purpose of getting an undue benefit, shall be relevant. -
În peisajul jurisprudențial conturat după intrarea în vigoare a actualului Cod civil1, ne reține atenția o hotărâre2 pronunțată relativ recent de Secția a II-a civilă a Înaltei Curți de Casație și de Justiție a României în materia răspunderii civile delictuale a comitentului pentru fapta prepusului său, în funcțiile încredințate, care prin argumentele prezentate oferă o nouă perspectivă privind problematica atât de controversată din ultimele decenii privind natura juridică și fundamentul acestei ipoteze de răspundere. Deși datele speței se referă la o faptă ilicită săvârșită în anul 2005, fiind în discuție modul de interpretare a dispozițiilor art. 1000 alin. 3 din Codul civil din 1864, prin hotărârea pronunțată, Înalta Curte de Casație și de Justiție își însușește noua orientare propusă în doctrina noastră privind necesitatea recunoașterii caracterului direct, autonom și independent al răspunderii comitentului, în raport cu răspunderea prepusului său, precum și fundamentarea obiectivă a acestei răspunderi pe ideea de garanție, ideea de risc și ideea de echitate. -
The institution of conditional release under judicial control regulated in Title IV, Chapter I, Section V of the Criminal Procedure Code, has been analyzed succinctly in the Romanian specialized legal literature. The problems arising in the context of erroneous interpretations given in practice to the legal texts regulating this institution by the courts of law derive, according to the author’s opinion, from the insufficient approach at doctrinal level of the way in which the conditions under which this measure can be ordered should be interpreted. Of course, the situation should also be analyzed in the light of the particular situation of each case. Thus, the article written by the author intends to analyze the conditions under which conditional release can be ordered after addressing an actual situation submitted to judgment by the courts. -
The article presents the itinerary covered since the entry into force of the new Civil Procedure Code (15 February 2013) by the manner in which it has been regulated the execution of the arbitral judgment. Initially, the arbitral judgment had to be invested with executory formula for the purpose of being enforced. By the Law No 76/2012 for the implementation of the new Civil Procedure Code it has been eliminated the formality of investing the arbitral judgment with executory formula, which corresponds to the imperative to accelerate the enforcement of such judgments. In our opinion, the Law No 138/2014 amending and supplementing the new Civil Procedure Code has reintroduced, however criticizably, the procedure of investment with executory formula of the arbitral judgment, in view of enforcement. The author’s conclusion is that the legislator should have kept the elimination of the procedure of investment with executory formula of the arbitral judgment, thereby contributing to the simplification and the encouragement to resort to the arbitration procedure.
