Fiducia is a legal institution brought into the Romanian national legislation by the entry into force of the New Civil Code. Introducing the institution of fiducia in the national law is the result of adapting national legislation to the new today’s legal and economic realities. The new Civil Code includes regulations applicable to fiducia with / without extraneity element. Regulation of this new institution has theoretical and practical significance as the procedure is a way of protection from creditors. Applying these regulations to particular factual situations requires knowledge and analysis of specific elements of fiducia.

Following the entry in force of the Civil Code (Law No.287/2009, republished) on the 1st of October 2011, which repealed the Family Code, the author conducts an extensive analysis of the legal provisions related to the nullity of a marriage, including the causes of nullity, legal regime, nullity consequences between the spouses and between spouses and their children, the competent court and the nullity resolution. This study examines the legal provisions of articles 293-306 of the Civil Code.

Prin excepție de la regula instituitã prin dispozițiile alin. (1) al art. 86 C.pr.civ., potrivit cãreia comunicarea actelor de procedurã se face prin agent procedural, dispozițiile alin. (3) al aceluiași articol stabilesc cã aceastã comunicare se face prin poștã, cu scrisoare recomandatã cu dovadã de primire sau prin alte mijloace ce asigurã transmiterea textului actului și confirmarea primirii acestuia.

The international treaties on human rights are the fundamental conventional sources de jure applicable in this area and at the level of the European Union. The evolution of their content relevant to the fundamental rights is spectacular, starting from the lack of interest in terms of regulations expressed in the Treaty of Rome signed in 1957, to the rules of reference to the (European) Convention for the protection of human rights and fundamental freedoms contained in the Single European Act or the Treaty of Maastricht and up to the establishment of the European Union’s own protection mechanism under the Treaty of Lisbon and the Charter of fundamental rights.

The study aims to analyze, as indicated by the title itself, the controversies generated by the implementation of the institution known in practice as „simplified trial procedure in case of acknowledgement of guilt”. The analysis is structured in two sections. The first section analyzes the controversies, already debated by the Constitutional Court, regarding the possibility of enforcing the provisions of art. 3201 of the Code of criminal procedure in case of temporary situations (namely the defendants brought to trial under the ancient laws, but who have surpassed the procedural moment of commencement of forensic investigation) and the requirements necessary for the dismissal of the enforcement request of simplified procedure. The second section describes the controversies to be debated, relative to the possibility of pronouncement of an acquittal order or suspension of the criminal trial in case of simplified procedure, as well as the possibility of removing these provisions in the means of appeal. The study pleads for a legislative intervention which should amend the current editorial content of art. 3201 by such manner so that the judge is no longer limited textually only at the pronouncement of the conviction order. Otherwise, the trial in case of acknowledgement of guilt could easily concede its position to conviction in case of acknowledgement of guilt.

While the judicial authorities have rigorous procedure codes, and the legislative authority has regulations for the development and adoption of laws, the public administration authorities in general and local government in particular „are still suffering in this respect”. To fill the „gap” that exists in some /partial sides of the administrative procedure, since the Administrative Procedure Code has not been yet adopted, in this study the authors intended (invoking the tangent jurisprudence) to contribute to the elucidation of the two cases (of many) in a segment in which positive law is quite vague, thus allowing an inconsistent practice, sometimes even arbitrary.

Since the new Romanian Civil Code entered into force (Law no. 287/2009, republished on July 15th 2011) on October 1st 2011, the author examines in which circumstances the new legislation regarding the divorce cases on the docket (in first instance or appeal) might or not apply as at the date of entry into force of the new law (October 1st 2011). The author concludes that in the field of family right, due to the absence of expressly contrary provisions within the Law no. 71/2011 concerning enactment of the new Civil Code, the processes and requests on the docket are governed only by the law in force at the date the action (summons) was advanced. Therefore, the new law cannot be enforced (in absence of an expressly contrary provision) for a case already on remedy (appeal, second appeal).

This study accurately describes some of the controversial aspects within the labour legislation: applicability, in terms of probation, of the regulations regarding the period of probation, concluding that art. 31 par. (3) of the Labour Code (termination of the employment agreement without notice and justification) is also effective in this case; decrease of working time from 5 business days to 4 business days per week in case of temporary reduction of activity, with the specification that the alteration of this program can only be operated if a minimum 30 business days reduction of activity has already occurred; the deadline by which the employer must enforce disciplinary sanctions, pointing out that the deadline of 30 days is computed as of the date the employer receives the disciplinary investigation report which qualifies the deed of the employee as disciplinary offence, while de deadline of 6 months is computed as of its time of perpetration; the parties to the collective negotiation at the unit level and the parties to the collective employment conflict at the same level, stating that, in case of such conflict, only the representative union or the employees’ representatives, as the case may be, can act as party on behalf of the employees and not the representative union federation which, under certain conditions, can participate in the collective negotiation; cumulative number of employment agreements with different employers, specifying that, basically, no definite and generally valid answer can be given, as the position of each employer within such agreements is fundamental (if accumulation is accepted and to what extent). In conclusion, the settlement by law of these controversial aspects is suggested.

The author briefly examines the issue of securities in the Romanian private law and she further presents the regulation of their administration according to the current Romanian Civil Code (Law no. 287/2009, republished on July 15th 2011), entered into force as at October 1st 2011.

The present study aims to examine the law principles issue based on principles of doctrinal realities under which there are principles of law, general principles of law and specific principles of various branches of law. The 1st Article of The New Civil Code is a challenge for us because this text introduces customary legal and legal doctrine among the classic sources of law. The legal doctrine is recognized by the Civil Code as a work of philosophical synthesis which it can be valued only by the jurisprudence. All in all the general principles of law- the rule of law, equity and justice, legitimacy and legal regulations- are applicable to all branches of law.

In the study hereby, the author sets under review the body search institution, from the perspective of theoretical and practical approaches. Body search has a distinct character, being undertaken in some cases separately from other evidence procedures, but it is also frequently undertaken on home searches, detention or arrest of a person. The author puts forward, within the study, the main legal regulations applicable in the field of body search, focusing on the new amendments to the new Code of Criminal Procedure, and reasoning some de lege ferenda proposals.

In the study hereby, the author makes some de lege ferenda proposals with reference to amending/supplementing Article 28 of the Companies Law 31/1990 (republished on November 17th, 2009), text governing the obligations of the constituent assembly of the joint-stock company incorporated by public subscription.

The existence of the law, of its validity are extremely important both for its knowledge, and for its application and compliance. By applying a general principle of law that nemo censetur ignorare legem, we consider that the publication and knowledge of law are essential conditions for not be subject to unpredictable legislative events, with all the consequences arising therefrom. To avoid such events, the law, in its broad or narrow sense, is subjected to certain rules of validity. Among them lies the determining of the moment when the law enters into force and the one the law comes in force.

Following the entry in force of the Civil Code (Law No.287/2009, republished) on the 1st of October 2011, which repealed the Family Code, and the accordingly amendment of the republished Law No. 119/1996 regarding the civil status acts, the author conducts an extensive analysis of the legal provisions related to the conditions of form which must be complied with for celebrating a valid marriage. This study examines the formalities provided by articles 278-292 of the Civil Code.

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 success of the states global fight against illicit drug trafficking requires effective international cooperation in the judicial sphere. Controlled drug delivery method involves cooperation of several countries to identify, to land and hold liable in criminal terms the drug traffickers who carry out criminal activity or part of this activity in several states. Throughout the article, the author makes a critical examination of national legislation and judicial practice in the field of controlled drug delivery institution.

The tax return is generally regulated in the Fiscal Procedure Code, being the fundamental part for establishing tax liability. Both procedural matters and the capacity as a taxation decision assimilated act or a taxation base related act, as appropriate, gives it a distinct legal status, pointed out in this paper.

Administrative jurisdiction on public procurement is carried out by the National Council for Solving Complaints and finalized with the pronouncement of certain administrative and judicial acts, called decisions. These can be attacked by complaint to the courts of appeal, whose decisions are final. The 2010 amendment to the Government Emergency Ordinance no. 34/2006 on awarding public procurement contracts, public works and services concession contracts introduced the obligation of those who make complaints to pay legal fee in an amount which even now raises some questions. Alpha The practice of all courts of appeal in the country is to accept to charge the complaints with either 4 lei or 2 lei. Constanþa Court of Appeal chose to break away from this unwavering practice of the courts of appeal which it itself promoted until recently and to require claimants to pay a value charge according to the amounts provided for in Art. 28717 paragraph 1 of the Ordinance, namely between 0,01 lei and 1,100 lei, and not fixed amounts of 4 and 2 lei. This study enounces the two different solutions found in courts of appeal case law and the arguments that they are based on, whilst the author tries to generate thoughts on the issue of charging the complaints not only to those involved in the judicial process of settlement of the latter and the litigants, but also to the legislative body, with an eye to prompt and definitive clarification thereof.