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On 10 December 2009, the Parliament of Romania passed the Law no. 381/ 2009 regarding the introduction of the preventive concordat and the ad-hoc mandate. This paper examines the main features of these preventive instruments, designed to be used by the debtor in order to avoid the opening of the insolvency procedure, while restructuring its undertaking and its debts, as to provide satisfaction to the creditors. The author analyzes the categories of debtors that are eligible for such procedures, the role played by the judicial bodies, the proxy and the conciliator and the mechanism of implementation and the effects of the preventive concordat and the ad-hoc mandate. The final part is critically addressing the chances of these preventive instruments to satisfy the interests of both the debtor and the creditors. -
On 10 December 2009, the Parliament of Romania passed the Law no. 381/ 2009 regarding the introduction of the preventive concordat and the ad-hoc mandate. This paper examines the main features of these preventive instruments, designed to be used by the debtor in order to avoid the opening of the insolvency procedure, while restructuring its undertaking and its debts, as to provide satisfaction to the creditors. The author analyzes the categories of debtors that are eligible for such procedures, the role played by the judicial bodies, the proxy and the conciliator and the mechanism of implementation and the effects of the preventive concordat and the ad-hoc mandate. The final part is critically addressing the chances of these preventive instruments to satisfy the interests of both the debtor and the creditors. -
This study includes a critical analysis of the provisions of the new Criminal Procedure Code which provide the producing of proof by expertise in case the technical-scientific fact-finding report is contested. The author has in view the wording of the legal text, which he considers as defective, thus allowing different interpretations. The essence of the discussion is related to the mandatory nature or, on the contrary, to the optional nature of producing the proof of expertise in the mentioned hypothesis. -
The present study aims to present a series of case law decisions in which the role and the activity of the central bank has proved to be insufficiently considered in depth by the Romanian courts. The application thereby, as regards the National Bank of Romania, of some legal provisions addressed to commercial banks, confusing the administrative review on the acts of the central bank with the administrative jurisdiction, overlapping restraints of the constitutional frameworks in which the National Bank has activated throughout its history, inconsistencies with the vision accepted at European level regarding the attributions and independence of the central banks are widely treated in an attempt to clarify the specific position that the central bank holds in the Romanian institutional landscape. There were presented some solutions from the judicial practice that highlight the need for doctrinal clarifications regarding the nature of the activity of the central bank, including from the European perspective. The importance of knowing them is determined by the significant effects that the correct or incorrect application of the norms and principles regarding the central bank can produce not only at the level of the administrative law, but also at criminal or economic level. -
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This article explores the concept of usucapion as envisioned by the new Civil Code of Romania. In the current regulation, the usucapion retains its status as both an originary mode of acquiring property and other real rights and a particularly important effect of possession. Unlike the former regulation, usucapion is now applicable not only in real estate matters, but also to moveable goods. With this new regulation, the lawmaker also had in mind the land registry system, as established by Law No 7/1996. In this regard, the provisions applicable to Transylvania, Banat and Bucovina in respect to the distinction between the two forms of real estate usucapion, namely tabular and extra-tabular, are extended for the entire country, with some changes. Therefore, our study sets forth a novel perspective on this subject and at the same time aims to present its findings in a concise, albeit exhaustive manner. -
The present paper aims to analyze extensively the institution of commitment of the responsibility of the Government before the Parliament, trying to identify possibilities to improve the current constitutional regulation in Romania. For this purpose, in a first part of the paper, in order to better understand the resources of the institution, the comparative method is used. Thus, similar regulations from other states are widely presented, such as the vote of confidence in a number of parliamentary regimes (United Kingdom of Great Britain and Northern Ireland, the Federal Republic of Germany, the Fourth French Republic), as well as the regulation of the commitment of the responsibility of the Government in the current French semi-presidential regime. Subsequently, the paper focuses on the regulation of the institution of commitment of the responsibility in Romania, being studied the manner of application thereof by the Government in the last 30 years. Several perspectives are used for this purpose: that of doctrine, an occasion that allows the presentation of arguments for and against the current regulation of the institution; that of constitutional practice, which allows the understanding of some disfunctionalities of the current regulation; and, finally, that of the constitutional case law developed in the last three decades, on which occasion it can be deduced a complex theory developed by the constitutional court regarding the limits of the use of the institution. At the end of the paper, a series of proposed amendments are analyzed on the occasion of various attempts to revise the Romanian Constitution and an extensive set of proposals on improving the current regulation is presented. As a consequence, the present paper provides a starting point for the future use of the institution of commitment of the responsibility of the Government, but especially for the improvement of the current constitutional regulation.
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Decree No 40/1953 marked the transfer of the competence to settle the non-contentious succession procedure from the courts to the former State Notaries. This competence was also maintained by the new regulation of the activity of notaries public, the Law No 36/1995. However, neither the aforementioned Decree or the Law No 36/1995 in its original version acknowledged the possibility for interested persons to resolve amicably those disputes resulting from the issuance of the certificate of succession without complying with certain legal provisions that could lead to its annulment. Starting with 2013, the litigants benefit from a new legal way of declaring the nullity of the certificate of succession, the present study proposing its analysis and also the comparison with the other procedure already established for annulling the certificate of succession, the judicial procedure. The two procedures led to lengthy debates in practice, given the double controversy over the legal nature of the certificate of succession and the legal regime of conventional nullities, the legislator of the new Civil Code indicating only the possibility of declaring a nullity through conventional means, letting the doctrine define its effects. We have chosen as the focal point of this research treating these controversies born in the judicial and notarial practice, both encountering some difficulties, for example, in qualifying the type of nullity invoked according to the interest protected by the violated legal norm or establishing who can file an action for the annullment of the certificate of succession. These issues determined us to try to answer the questions that have risen in the judicial and notarial practice regarding the succession procedure and the annulment of the certificate of succession, trying through this research to offer them the most suitable answers, taking into account especially the spirit of the law, without neglecting its letter. Thus, we mainly analyzed who can file an action for the annulment of the certificate of succession, the issue of the extinctive prescription of this action, as well as the regime of the amicable nullity applicable when the heirs agree on declaring the nullity of the certificate of succession. -
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The insurance market in Romania is an extremely complex field of legal regulation, which involves not only the observance of the principle of fair competition between the professional competitors, rivals on the market, but mostly the observance of some high standards of consumers’ protection, which are in a net inferiority ratio from a financial, informational and organizational point of view, in comparison with the policy issuers covering the compulsory civil insurance. From this perspective, the withdrawal of the operating authorization and the initiation of the bankruptcy procedure against the Insurance-Reinsurance Company City Insurance – S.A. raises a series of big problems for the clients of this insurer, not only from the point of view of the contractual relations established by the insurance contract, but especially through the procedural mode of action on the part of these consumers, so that the protection of their rights be full, as well as that the effects of the opening of bankruptcy procedure against City Insurance be mitigated, as much as possible, in relation to the already precarious situation of these clients. We intend, through this study, to highlight a series of pressing legal issues and to propose a series of solutions to the legal, substantive or procedural issues that arise from the withdrawal of the authorization of this important player on the insurance market from Romania. Thus, those entitled to recover the expenses occasioned by the repair of the cars involved in road accidents caused by the clients of City Insurance – S.A. have the way opened for a special and accelerated procedure for the recovery of these damages, without waiting for the opening of the bankruptcy procedure against this insurer and the registration in the amount of claims, extremely laborious and time-consuming legal procedures, which raise problems for the consumers who are victims of traffic accidents, and also for the clients of the insurance company who could see themselves engaged in legal actions intended to lead to the compensation of those injured in road accidents and that would endanger their personal patrimony, although they appear as contracting parties and beneficiaries of some perfectly valid RCA policies on the date when the damage was caused. -
Unlike the previous Civil Procedure Code, the current (Romanian) Civil Procedure Code regulates (as an exception from the rule of uniqueness of the judicial remedies of a judgment) the admissibility, in some situations, of filing an appeal ex novo during the judgment of an appeal ex novo, respectively, of filing the appeal on law during the judgment of an appeal on law. This study examines analytically this new conception and regulation of the current Civil Procedure Code (Law No 134/2009, republished), the author positively appreciating the new regulation in question. -
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The interpretation and the application of the provisions of Article 31 (3) and Article 60 of the Labour Code have led to the existence of a non-unitary judicial practice and to the expression of some divergent positions in the doctrine as regards the applicability of the temporary prohibitions on dismissal in case of termination of the individual labour contract at the initiative of the employer, during or at the end of the period of probation. In a first doctrinal and jurisprudential orientation it is argued that Article 60 of the Labour Code is not applicable, because we are not in the presence of a dismissal, but of a separate case of termination of the individual labour contract at the initiative of the employer. The second opinion argues the thesis according to which the termination of the individual labour contract at the initiative of the employer during or at the end of the period of probation is also a case of dismissal, the legislative derogations aiming only at simplifying the dismissal procedure during the period of probation, and not at removing the temporary prohibitions on dismissal provided by Article 60 of the Labour Code.
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The study is grounded on the thesis according to which the contestation against execution aimed at reducing the punishment imposed on the convicted person under the special cause of reducing the punishment provided in Article 19 of the Law No 682/2002 on the protection of witnesses is inadmissible. -
Având în vedere că reclamanții au solicitat desființarea unor acte de reconstituire a dreptului de proprietate privată pe calea acțiunii prevăzute de art. III din Legea nr. 169/1997, Curtea a constatat că, în lipsa unor norme de stabilire a instanței competente în cuprinsul acestei legi speciale, se va aplica Codul de procedură civilă. Dat fiind obiectul cererii (constatarea nulității absolute parțiale a unui titlu de proprietate emis în temeiul Legii fondului funciar nr. 18/1991), Curtea a constatat că, sub aspectul determinării instanței competente, se aplică criteriul valoric, astfel că prezentul conflict urmează a fi soluționat în raport de pragul legal de 200.000 lei, prevăzut la art. 94 pct. 1 lit. k) C.pr.civ. Determinarea instanței competente material în cazul cererilor imobiliare se face doar prin raportare la dispozițiile art. 104 C.pr.civ., nu și la prevederile art. 31 alin. (2) din Ordonanța de urgență a Guvernului nr. 80/2013, întrucât acestea din urmă nu instituie reguli speciale de competență, ci cuprind norme de stabilire a cuantumului taxei judiciare de timbru.
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The courts can contribute, within their competencies, to ensure supremacy of the Constitution; this also involves the ability to directly implement some of the constitutional regulations. In the context of the complex process of human rights internationalization, certain analysis and solutions concerning the relationship between the international and domestic human rights regulations and hence interpretations of the provisions covered by the Constitution on this issue appear more frequently within the case law. In this study the author analyzes the role of national judges in applying the (European) Convention for the Protection of Human Rights and Fundamental Freedoms under the legitimacy which is conferred upon them by the provisions of Art. 20 of the Constitution, republished; this analysis is based on case law matters on criminal appeal, governed by Art. 141 paragraph 1 of the Code of Criminal Procedure. -
The features that give a distinct note to European Union law, and even its specificity, in relation to national or international legal orders, whether universal or regional, par excellence lie in the immediate, direct and priority applicability of the rules that make it up. The concept of „priority” EU law in relation to the national law of the Member States is likely to complete the understanding of its specificity in relation to the situation which we encounter with reference to international law. The development and adoption of primary or secondary norms of European Union law represent true, intrinsic consequences of developments or, respectively, expectations recorded at EU level, either qualitatively or quantitatively. From such a perspective the steps we are witnessing, including those of legislative nature, must be known, understood, and accepted. Our approach considers the fundamental legal basis offered by the Romanian Constitution, republished version, but also relevant aspects found in the Civil Code, the Civil Procedure Code, Penal Code, and Criminal Procedure Code, to which we add the Insolvency Law. -
In the Romanian judicial practice more numerous cases arise with regard to the annulment of the acts of finding the irregularities committed in the field of obtaining/using the European funds and of establishing the budgetary claims or of applying the financial corrections. This casuistry raises a series of questions relating to the hypotheses in which, in this matter, the European legislation is directly applied and, respectively, when the Romanian legislation is applied and which one specifically (as the case may be, the Government Ordinance No 79/2003 or the Government Emergency Ordinance No 66/2011). In this study the author answers the above-mentioned questions. -
The new Criminal Code brings changes with regard to the offences against property, contained in Title II of the special part, including with regard to the incidence of reconciliation. The mixed nature of this institution of criminal material law and of criminal procedural law has generated difficulties in the judicial practice, particularly in relation to Article 159 (2) of the Criminal Code, which states that it must occur before reading the referral act and it raises for discussion a constitutionality examination in relation to the Constitutional Court case-law. -
Aspecte introductive. Dintre normele Codului penal1, cele care prezintă interes pentru materia aplicării legii penale mai favorabile sunt cuprinse în art. 4 (aplicarea legii penale de dezincriminare), art. 5 (aplicarea legii penale mai favorabile până la judecarea definitivă a cauzei) și art. 6 (aplicarea legii penale mai favorabile după judecarea definitivă a cauzei). Principiul activității legii penale, prevăzut în art. 3 C.pen., are un corolar, respectiv neretroactivitatea legii penale. De la această regulă pot exista și excepții fie sub forma retroactivității legii penale, fie sub forma ultraactivității legii penale2. -
According to Article 247 of the Law No 187/2012 for the implementation of the Law No 286/2009, the Criminal Code entered into force on 1 February 2014. The new Criminal Code provides four articles for the regulation of the application of the criminal law in time: Article 3 refers to the principle of the activity of the criminal law, Article 4 regulates the retroactivity of the criminal law of decriminalization, Article 5 is devoted to the application of the most favourable criminal law before the final judgment of the case, Article 6 concerns the application of the most favourable criminal law after the final judgment of the case, and Article 7 is reserved to the application in time of the temporary criminal law. Throughout this study the author presents and explains the new criminal rules regulating the application in time of criminal law.
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Introducere. În aplicarea principiului legii penale mai favorabile (mitior lex) se disting două situații tipice care necesită reglementare juridică diferită: aplicarea legii penale până la judecarea definitivă a cauzei sau după judecarea definitivă a cauzei. Prima ipoteză se referă la situația în care, între momentul săvârșirii faptei și momentul rămânerii definitive a hotărârii de condamnare, intervin una sau mai multe legi penale, punându-se problema alegerii, din legile succesive intervenite, a legii penale mai favorabile.
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Aspecte introductive. La data de 1 februarie 2014 s-a produs un eveniment mult așteptat în domeniul dreptului penal, respectiv intrarea în vigoare a Legii nr. 286/2009 privind Codul penal, aceasta urmând a constitui în viitor legea penală de maximă generalitate și stabilitate. Procesul elaborării unui astfel de act normativ nu a fost unul facil, fiind extins pe durata a mai mult de 10 ani și fiind presărat cu multe evenimente fără precedent în peisajul juridic românesc: s-a adoptat Legea nr. 301/2004 care urma să intre în vigoare la un an de la data publicării în Monitorul Oficial al României și să reprezinte Codul penal al României, dar, după mai multe prorogări succesive ale termenului de intrare în vigoare, actul normativ a fost abrogat, fără să fi avut vreo zi de activitate1, actualul Cod penal fiind adoptat prin utilizarea procedeului asumării răspunderii Guvernului României în fața Parlamentului României. În acest fel s-a ajuns la publicarea în Monitorul Oficial al României2 a Legii nr. 286/2009 care a rămas în stare latentă timp de aproape 5 ani, termenul său de intrare în vigoare nefiind stabilit în cadrul său, ci ulterior, în Legea nr. 187/2012 pentru punerea în aplicare a Legii nr. 286/2009 privind Codul penal3.
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The article is designed to examine the amendments introduced by the new Criminal Code in the matter of law enforcement in the territory. From this perspective, we notice that the principle of territoriality is supplemented with additional provisions for defining the notions of offense and territory. The principles of personality and reality were adjusted so that they could be effective, yet without burdening the judicial bodies uselessly, and the principle of universality of the criminal law was reformulated in order to apply only to the situations for which the Romanian State has undertaken obligations internationally. New elements were also introduced as regards the international cooperation legal instruments, such as the delivery of persons to another European Union Member State or to an international court, changes that seem justified in the light of international treaties to which Romania is a signatory party. -
Criminal law, as a set of mandatory rules of conduct, compliance with which is imposed by the coercive power of the state, applies to all the people on the territory of a given country and for a certain limited period of time. Therefore, the putting into effect of criminal law means the fulfillment or non-fulfillment of the duties it provides for, in relation to two essential elements: “territory” and “time”. The application of criminal law on the territory means the actual fulfillment of instructions carrying sanctions in relation to the territory in which a crime was committed, in the country or abroad. The Romanian criminal law is aimed at and applies to the people in the territory of Romania and who must comply with its provisions. The new criminal code has brought numerous and substantial changes to the principles behind the application of the Romanian criminal law in the territory and which we will examine hereinafter.
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Criminal law, as a set of mandatory rules of conduct, compliance with which is imposed by the coercive power of the state, applies to all the people on the territory of a given country and for a certain limited period of time. Therefore, the putting into effect of criminal law means the fulfillment or non-fulfillment of the duties it provides for, in relation to two essential elements: “territory” and “time”. The application of criminal law on the territory means the actual fulfillment of instructions carrying sanctions in relation to the territory in which a crime was committed, in the country or abroad. The Romanian criminal law is aimed at and applies to the people in the territory of Romania and who must comply with its provisions. The new criminal code has brought numerous and substantial changes to the principles behind the application of the Romanian criminal law in the territory and which we will examine hereinafter.
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The article intends to examine the changes that the new Criminal Code brings to the matter of the enforcement of criminal law over time, mainly for the purpose of harmonizing the given provisions with the constitutional principles, as well as for facilitating their implementation. From this perspective, one can notice that the new Criminal Code has largely taken over the provisions currently in force, but has eliminated those contrary to the constitutional principles, such as, for instance, the provisions stipulating that the complementary punishments, the educational measures and the safety measures in the new criminal law are always retroactive for public interest reasons or the provisions regarding the facultative enforcement of the most favorable criminal law in the irrevocably judged cases. We also find the introduction among the provisions subject to the principle of the most favorable criminal law of the legislative instruments declared unconstitutional, as well as of the emergency ordinances approved by the Parliament with amendments, supplements or rejected, provided that they were in force during the period stipulated by the law text. -
Until the entry into force of the current Civil Code, the maintenance contract was an unnamed one and did not benefit from a regulation by the former Code or by other normative act. Often encountered, developed in time by the practice, the doctrine and the case law, devoid of rules to determine its definition and content, the maintenance contract raised problems due to the difficulty with which it was delimited from similar contracts. In this study, starting with the provisions of Article 2256 of the Civil Code, corroborated with the provisions of Article 2247 of the Civil Code, we are analyzing a real, practical situation of applicability of the provisions of the mentioned articles, showing also the solution which we consider to be the most effective, from all points of view, to solve the problem. It concerns the situation in which the maintenance contract was concluded during the lifetime of an individual who, at the time of conclusion of the contract, suffered from a disease which caused his death. -
The study hereunder examines the ways of exercising the autonomy of will and the reflection of the principle of freedom of contract in civil procedural law. As freedom of contract, like any other freedom in fact, is not absolute or unlimited, the author quests the ways in which, within the framework of civil procedural law institutions, there are covered and operate certain assumptions which may constitute limits to the freedom of contract. In this perspective, we shall have in view institutions such as legal contracts, mediation or arbitration. -
This study examines the manner in which the Romanian Constitutional Court has used in its practice the principle of non-retroactivity of the law with reference to service pensions. At the same time, the study contains a detailed critical examination of the thesis of the constitutional contentious court regarding the qualification of the laws amending or repealing the service pensions already in payment as non-retroactive and, therefore, in compliance with the constitutional requirements. On the other hand, the author of the study advances the thesis according to which any law that modifies the formula of calculation of the service pensions in payment, including by resorting to the extension of the contributivity rule, is retroactive and, consequently, unconstitutional. In substantiating this statement, there are initiated a series of considerations regarding the defining elements of the right to pension, the theories regarding the earned rights, as well as the development of a detailed analysis of the concept of legal effects produced during the application of another law (new law).This study examines the manner in which the Romanian Constitutional Court has used in its practice the principle of non-retroactivity of the law with reference to service pensions. At the same time, the study contains a detailed critical examination of the thesis of the constitutional contentious court regarding the qualification of the laws amending or repealing the service pensions already in payment as non-retroactive and, therefore, in compliance with the constitutional requirements. On the other hand, the author of the study advances the thesis according to which any law that modifies the formula of calculation of the service pensions in payment, including by resorting to the extension of the contributivity rule, is retroactive and, consequently, unconstitutional. In substantiating this statement, there are initiated a series of considerations regarding the defining elements of the right to pension, the theories regarding the earned rights, as well as the development of a detailed analysis of the concept of legal effects produced during the application of another law (new law).
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By the Decision No 369 of 30 May 2017, the Constitutional Court has declared as unconstitutional the phrase „as well as in other cash assessable claims worth up to ROL 1 000 000 inclusive”, included in Article XVIII (2) of the Law No 2/2013 on some measures to relieve the courts, as well as for preparing the implementation of the Law No 134/2010 on the Civil Procedure Code and has stated that „all judgments pronounced after the publication of this Decision in the Official Gazette of Romania, in the applications that are assessable in cash, less those exempted according to the criterion of matter, shall be subject to review”. Subsequently, the High Court of Cassation and Justice, by the Decision No 52/2018, has established that „the effects of the Decision of the Constitutional Court No 369 of 30 May 2017 are produced in respect of the judgments pronounced after its publication in the Official Gazette of Romania, in the litigations assessable in cash up to ROL 1 000 000 inclusive, initiated after the publication of the decision (20 July 2017)”. -
There are many questions concerning the context in which we witness the entry into force (on 25th May 2016) of the General Data Protection Regulation (GDPR) and its application (starting 25th May 2018). The answers can be numerous: political, sociological, journalistic, etc. However, we choose to analyse from the legal point of view. The GDPR was adopted taking into account the weaknesses that the Directive 95/46/EC has shown, specific weaknesses, in fact, of a EU legal act of this type, compared to the type of regulation. The Directive in question has failed to prevent the fragmentation of the way data protection has been ensured in all EU Member States. Legal uncertainty or public perceptions according to which there are significant risks to the protection of individuals, especially online, have been widespread. It is further added that the differences in the levels of protection existing in the 28 EU Member States, differences due to the transposition and application of the Directive, have sometimes led to a slowdown in the application of the principle of the freedom of movement of personal data within the EU, which may constitute real obstacles to economic activity at this level, distorting competition and preventing authorities from fulfilling their responsibilities under EU law.
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By the present study the author analyzes in a critical manner the modality of regulation of the mechanism of the compensatory review introduced by the provisions of the Law No 169/2017, which has amended the Law No 254/2013 on the execution of custodial sentences and of measures involving deprivation of liberty ordered by the judicial bodies during criminal trial. In this respect there are examined the case law of the European Court of Human Rights in the matter of the accommodation of detained persons and the premises that were the basis for the adoption of this regulation. Thus, it is noted that the legislator has set a higher standard than the one imposed by the European Court of Human Rights, which has ruled that, under certain conditions (the presence of ventilation, lighting and privacy, etc.), the accommodation in a detention space that ensures an area of between three and four square meters for each detainee is in accordance with Article 3 of the European Convention on human rights and fundamental freedoms. In addition, it is shown that the legislator did not insert in the national law the whole legal mechanism emphasized in the case law of the European Court of Human Rights, where a preventive means of appeal has been introduced, allowing the detained persons to file complaints to a judicial authority with regard to the material conditions of detention, as well as a compensatory means of appeal, which provides a reparation for the persons who have already been through a detention contrary to the Convention. Likewise, the author analyzes in a theoretical, but mostly practical manner, the modality to apply the compensatory review mechanism depending on the processual phase in which it is analysed its incidence, as well as the effects produced at the level of the institutions of substantive criminal law, making reference to the binding decisions pronounced by the High Court of Cassation and Justice and to the national case law.
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Legal issues of the contribution of spouses’ joint property to company’s establishment, the legal regime of shares acquired as consideration for this contribution, as well as the impact of the (Romanian) Family Code (effective during the period February 1st, 1954 - September 30th, 2011) and the Companies’ Law No. 31/1990 generated lots of controversy in the Romanian doctrine and jurisprudence between 1990 and 2011. With the enactment of the new Civil Code (Law No. 133/2009, republished, effective since October 1st, 2011) some of these controversies have been fully clarified. However, a good portion of them still exist today, generating further such debates and controversies. Such being the case, through this extensive study, the author examines, globally, the current legal regime of spouses’ joint property upon its impact with the Law No. 31/1990, examining, therefore, a series of questionable and controversial issues arising from the interference of legal regulations on the spouses’ joint property in light of the Romanian new Civil Code with the provisions of the Companies’ Law No. 31/1990, ultimately advancing several de lege ferenda proposals, for the settlement of all controversies arising from the impact of the two laws in question (the new Civil Code and Law No. 31/1990). -
In international relations the old rule of law acta probant sese ipsa has not the same value as inside of a state because it is considered that an authority of a State who receive a document from another State should be put in an extremely difficult situation in terms of imposing the task of assessing the authenticity of a foreign document to the first sight. So, the use abroad of official documents from a State authorities require the completion of special formalities in order to ensure the originality, the authenticity of signatures/seal and legality of a specific document preparation. If by 1961, the year of concluded of the Hague Convention on Abolishing the Requirement of Legalization for Foreign Public Documents (to which Romania joined by the Government Ordinance no. 66/1999, approved by Law no. 52/2000), there was only legalization procedure, since that date appears apostille procedure (only for the states signatory to the Convention) determined by reason of simplifying the requirements necessary to be fulfilled for the validity of official documents abroad. The aim of the present study is to present the apostille procedure in the light of the provisions of the Hague Convention on Abolishing the Requirement of Legalization for Foreign Public Documents and of the Romanian provisions regarding this issue.
