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.

The regulation by the new Civil Code of the patrimonies by appropriation came as a necessity given the economic development of our society. The existence of the patrimony by appropriation was equally recognized by the former legislation, by way of specific provisions regarding the carrying out of certain liberal professions or economic activities. This paper is aimed at analysing specific aspects of the patrimonies by appropriation from the perspective of the liberal individual professional patrimony, as a patrimonial mass distinctively regulated by the new codification. The exercise of the authorized liberal professionals implies the existence of a professional patrimony that ensures the carrying out of activities that do not have an economic character. The formal recognition of the “self-employed” as a subject of tax law bearing specific tax liabilities, distinct from those incurred by this same person concerning his personal patrimony, could create the appearance of a “two-headed monster”, of two or more persons in one, of a person who is multiplying according to the number of patrimonies by appropriation that he holds. In fact, the possibility for an individual to carry out economic activities or liberal professions without setting up, to that effect, a legal entity with its own patrimony, does not require the use of the legal fiction of multiplying the person according to the needed number of patrimonies, as the modern doctrine concering the patrimony accepts both the uniqueness and the division of the patrimony into patrimonial masses and patrimonies by appropriation.

The author carries out a detailed analysis of the legal content of the insurance fraud offense, as provided for in Art.245 of the new Criminal Code as an assimilated and aggravated version of the deception offense. Regarding the structure of this offense, the criminal protection object, the subjects, the objective and subjective side, the forms, procedures and sanctions provided by law are reviewed in detail. The explanations discuss the insurance deception links to other offences relating to insurance and certain procedural aspects. The preceding legislation of this indictment rule, the solutions to be followed in case of transitional situations and some elements of comparative law are subsequently presented. Also, the author does not hesitate to state his point of view with regard to the constituent content of this criminal act, its systematization, its character and to frame in this regard certain solutions and certain ideas of his own. In the end, this analysis gives several conclusions and proposals of future law to determine an appropriate protection of the values „and social relationships covered by this indictment, a uniform implementation of the text and thus a better criminal justice administration in Romania.

Cerința interesului de a fi actual trebuie îndeplinitã pe tot parcursul procesului, iar nu numai la momentul introducerii acțiunii. Astfel, în cazul în care pe parcursul procesului acțiunea promovatã de reclamant rãmâne fãrã interes, demersul procesual, inițial justificat, rãmâne fãrã o finalitate practicã din punct de vedere juridic, soluția consacratã jurisprudențial în atare situații fiind aceea a respingerii acțiunii ca rãmasã fãrã interes (Înalta Curte de Casație și Justiție, Secția comercialã, decizia nr. 2623 din 13 septembrie 2011).

Romania, by adhering in July 1961, to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, adopted in New-York as at 10 June 1958, on that occasion formulated a reserve, in the sense that our country shall enforce the Convention „only to disputes arising from lawful contractual or non-contractual relations being deemed as commercial by the national law”. Since as at the 1st October 2011 the current Romanian Civil Code entered into force (Law no. 287/2009, as republished as at 15 July 2011), as well as Law no. 71/2011 for the enforcement of the current Civil Code, both of them having a monist character (without considering the commercial law as an autonomous discipline of law), but recognizing further the category of merchants (a component of the professionals’ category) the authoress considers that, on one hand, the above mentioned reserve shall be construed as referring exclusively to the legal relations among merchants, and, on the other hand, as opposed to what the law is, that Romania is about to waive the concerned reserve at issue in the future.

This study examines preliminarily the documents upon which the Court of Accounts concretizes its activity, and it analyses further in a detailed manner the remedies at law against these documents, by emphasizing the non-unitary case law in the matter, namely: if the law court is competent in the first instance (the Administrative and Fiscal Section), and the Court of Appeal is competent in the second appeal (the Administrative and Fiscal Section) or, on the contrary, the Court of Appeal (the Administrative and Fiscal Section) is competent in the first instance, and the competence shall belong to the High Court of Cassation and Justice in the second appeal (the Administrative and Fiscal Section). Based upon a comprehensive analysis the authoress points out that the last solution shall be legal.