The provisions of Article 320 of the Law No 95/2006 on health reform have raised serious problems of interpretation in judicial practice. The question has therefore been raised as to whether persons who have suffered physical injury may be required to pay their hospital costs of hospitalization and medical treatment in the healthcare facilities concerned, where the author of the injury has not been identified or the injured party does not disclose his identity, or where he is simply not liable for criminal action. The question was also raised as to whether the injured party had failed to make or withdraw his plea or had the parties reconciled or not committed the offense claimed.

The persons without discernment, being incapable of understanding at all the gravity of their own deeds, are protected by the legislator by the establishment of a cause exonerating civil liability. However, for reasons of fairness, it was opted to introduce the subsidiary mechanism of the obligation of compensation, an innovation of the Civil Code that entered into force in 2011. Thus, even unaware of their own acts, a person may still be obliged to pay a certain amount of money which may, but not necessarily, be equivalent to the damage suffered by the injured party. The mechanism thus created tends to mitigate an inequity, but it is confused with a type of actual civil liability, be it objective. The present study aimed to analyze this mechanism, taking into account its jurisprudential applications, not numerous, but sufficient to draw some useful conclusions.

The present research intends to analyze the issue of certification of the European Enforcement Orders from the perspective of the regulation provided for in Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims, from the perspective of the provisions of the Romanian Civil Procedure Code and also from the perspective of recent European and national case law in the matter. Therefore, the study aims to analyze the object, the scope of application, as well as the certification conditions of the European Enforcement Orders. In order to elaborate the study, there will be analyzed with priority the current European and national legislative provisions, the specialized doctrine, and also the relevant case law in the matter.

In the hypothesis of foreign arbitration awards, in order to obtain the approval of the enforcement, pursuant to Article 666 of the Civil Procedure Code, to the application for enforcement, the creditor will have to attach the foreign arbitration award translated by an authorized translator, under the conditions of Article 150 (4) of the Civil Procedure Code, and the final judgment by which it was approved, under the conditions of Article 1127 et seq. of the Civil Procedure Code, the enforcement on the Romanian territory of the respective arbitration award. To the extent that the foreign arbitration award on which the application for enforcement is based is not translated by an authorized translator, the court executor should issue a conclusion refusing to open the enforcement procedure, pursuant to Article 665 (2) of the Civil Procedure Code, for non-fulfilment of this condition provided by law. If, however, the court executor would proceed, in the absence of the submission of the foreign arbitration award translated by an authorized translator, to open the enforcement procedure and would request the approval of the enforcement, we consider that the application for approval of the enforcement should be rejected, pursuant to Article 666 (5) point 2 of the Civil Procedure Code, since, in such a situation, the court executor does not prove, in the incidental legal conditions, the existence of an enforceable title.

The introductory part of the study analyzes the regulatory framework of the current bank account contract before and after the entry into force of the current Civil Code and the transitional legal provisions, depending on the limited and unlimited duration of this contract. In dealing with the legal relationship generated by the current bank account contract, it was emphasized that at least one of the contracting parties must be a credit institution and that the obligation to conclude the current bank account contract for certain categories of natural or legal persons is conditioned by the legal constraints regarding the mandatory way of carrying out the receipts and payments imposed by the strengthening of the financial discipline, without this giving the contract a mandatory or forced character. As regards the content of the contract, its standardized character was underlined, including in terms of the system of transferring external clauses or specific regulations related to the policy of each bank in the contractual clauses referring thereto, of which the client is not aware and which often introduce abusive clauses. From this perspective of the adhesion character of the contract, which deprives the client from legal protection, the modest framework of the regulation has a significant contribution. The object of the current account contract is treated in terms of the obligation of the credit institution to open the account and to carry out the credit or debit operation of the credit balance, but also of the client’s right to dispose of the credit balance and of its obligation to bear the bank commissions and charges. The legal characters of the current bank account contract were also analyzed, the attention being paid to the treatment of the adhesion character of the contract and to the one of transfer of ownership, because the latter can explain the whole mechanism of the contract functions. The exercise of the right of the account holder to dispose over the credit balance is supported by the current bank account contract, through which the credit institution makes payments in the name and on behalf of the account holder, in compliance with the instructions with which he mandated it, in accordance with the relevant banking legislation and regulations, including with the internal rules of the depository bank. As regards the manner of exercising the right to dispose of the credit balance, the particularities of the exercise of this right by co-owners and co-holders were analyzed, as well as the issue of unavailability of the credit balance, the conditions and the limits of unavailability, by enforcement by garnishment. The clearing of balances, the conditions of its operation and its extended effects on the legal relations between the account holder and the credit institution were also discussed. The double onerous character of the current bank account contract was analyzed also from the perspective of the bonuses granted by the credit institution for the amounts in the credit balance, but also from the perspective of the account holder, bound by the obligation to pay bank commissions and charges. The cessation of the current bank account contract was treated according to its definite or indefinite duration and depending on the existence of general or special clauses of cessation of the contract. The procedure of unilateral denounciation of the current bank account contract was associated with the written communication of the denouciation and the term of legal notice, conventional or established according to the customs. The effects of the cessation of the contract are accompanied by the closing of the account, by the withdrawal by the client of the amounts remained in the credit balance or their deposit in a collector account until they are handed over to the client. The prescription term for the refund of the amounts from the account is that of 5 years and the moment from which it starts to flow is provided by Article 2190 of the Civil Code, differentiated as the cessation of the contract occurred on the initiative of the account holder or of the credit institution.

The Romanian State assumed by the New York Convention adopted on 10 June 1958 only the obligation to recognize and ensure the enforcement of foreign arbitral awards in the situation where the foreign arbitral award is pronounced on the territory of a signatory state of the Convention, and the dispute which has been settled by the respective foreign arbitral award may be qualified as being commercial by the national legislation. We appreciate that the Romanian State complied with this obligation by ratifying the New York Convention, by the Decree No 186/1961, and we emphasize, in this context, that the respective Convention is binding on the Romanian State only with regard to foreign arbitral awards that fall within its scope of application. Thus, for the foreign arbitral awards that do not fall within the scope of application of the New York Convention, the Romanian State is not bound by any conventional obligation, the state having the freedom to regulate legal provisions other than conventional ones regarding the recognition and enforcement of foreign arbitral awards. Consequently, the existence of some domestic legal provisions contained in the Civil Procedure Code, other than the provisions of the New York Convention, on the Recognition and Enforcement of Foreign Arbitral Awards, is in no way likely to engage international responsibility of the Romanian State, since, as we noted in this study, the Romanian State complied with its conventional obligations assumed by the conclusion of the New York Convention, even the provisions of the mentioned Convention (Article 7.1) allowing the existence of some national provisions other than conventional regulations, since only in such a hypothesis there is the possibility of invoking by the interested person the more favourable national provisions (if the normative provisions were identical, in no case could the problem of applying some more favourable legal provisions be raised).

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.

Located within Chapter VI of the Criminal Code that criminalizes criminal offences against the person’s freedom, the criminal offence of threat provided by Article 206 appears on the background of the protection of the mental freedom of persons. The thorough analysis of the crime will reveal some aspects regarding different theories of interpretation of the law that can be objectified also in practical situations. Also, the interpretation of the criminal offence highlights certain aspects regarding the fear of the person, the manner of committing the crime, the threat of a harmful act, the correlation with the crime of outrage and judicial outrage, as well as some differences from the crime of blackmail. Therefore, in the framework of highlighting some opinions or observations on them, it can be delimited the offence of threat much easier compared to other offences, but it can also constitute a useful legal instrument during the stages of criminal liability of the offender, as well as for the improvement of the text of law by the legislator.