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The authors examine criminal matters regarding prohibited practices in the area of competition from a comparative perspective. The study refers to the competition law in the European Union, in some of its Member States, in the United States of America, as well as in Romania. -
The author, without claiming to exhaust the subject, drew up this study in the attempt to start a theoretical discussion, but with practical implications as well, regarding the real concurrence of offences between the aggravated thefts committed under the circumstances provided by art. 209, parag. 1, letter i) of the Criminal Code, namely by breaking, escalade or use without right of a real or false key and the trespassing provided by art. 192 of the Criminal Code. -
This article proposes to examine certain aspects related to the incompatibility of the criminal investigation bodies and of the prosecutor within the criminal lawsuit. The authors take into consideration mainly the incidence of incompatibility cases in the stage of preliminary acts, emphasizing the case of incompatibility set forth in art.48 paragraph (1) letter d) of the Criminal Procedure Code. Through their scientific undertaking, the authors try to demonstrate that incompatibility concerns, to the same extent, both the stage of criminal prosecution, and the stage of preliminary acts. Likewise, the scope of the above mentioned incompatibility case and the decision related to its prosecution are examined from the perspective of the provisions of the (European) Convention for the protection of human rights and fundamental freedoms and of the case law of the European Court of Human Rights, as well as in the light of the provisions of the new Criminal Procedure Code. -
The article offers an analysis of the regulation of the institution of unworthiness to inherit as regulated by the Civil Code which entered into force on 1 October 2011. First the author had in view both the influences of the foreign regulations which served as a model for drafting the normative act and the conclusions of the Romanian doctrine and of the case law relevant in the matter, which the Romanian legislator has taken into account. Starting from the nature of civil sanction of the unworthiness to inherit, there are analyzed the modalities which can remove the effects thereof, formulating, at the same time, relevant de lege ferenda proposals in order to create a unitary system as comprehensive as possible relative to the related procedure. -
Law no. 85/2006 on the insolvency procedure, under Article 138, ties to rules the cases and the conditions under which managerial or supervisory staff of the debtor (legal entity), facing insolvency, is to answer patrimonially for having caused the state of insolvency of the relevant debtor (legal entity). In practice, in relation to this wording, it was raised in case law the question whether those by right can make such a request (on grounds of Article 138), subsequent to the occurrence of closure of the insolvency proceedings (under Articles 131-137 of the same Law). The author argues – bringing arguments to that effect, that it is required a positive response. -
In the regulations of the new Criminal Code, the legislator has not opted for a limited criminal liability of the legal entity, but for a general liability which may result because of the commitment of any criminal offence. Except the state, the public authorities and the public institutions which carry on any activities not representing the subject matter of the private field, the other legal entities may hold the capacity of active subject, no matter the nature and the seriousness of the committed criminal offence. The criminal liability shall be laid upon the legal entity only when the respective entity having a position of management, provision, decision etc. commits the deed set forth by the criminal law in carrying out the business line or in the interest or on behalf of the legal entity. In case of committing a deed set forth by the criminal law, both the criminal liability of the legal entity and of the natural person who contributed to its commitment or only of one of these two categories of persons. -
Leave of absence is a motivated missing (absence) from the workplace, being a period when the employee does not work. As the leave of absence from the workplace is not legally regulated by the normative acts in force, in practice, when the employee requests leave of absence in order to solve some personal matters, discussions arise as to whether or not he receives salary during the leave of absence. This study raises for discussion some considerations and proposals referring to the legal status of the leave of absence from the workplace, both for the employees from the budgetary sector and for the employees from the private sector. -
This study analyzes the particularities involved by the powers of the Court of Accounts to establish contraventions and to apply offences punishable in the specific activity of control/audit they achieve. Two categories of offences can be identified, namely contraventions that the Court of Accounts only finds, not having the power to apply sanctions against them, and contraventions for which the Court of Accounts is competent not only to identify them but also to apply the sanctions for them. The rules on contraventions that may be applicable to deviations discovered by the Court of Accounts can be found in the Law on the organization and functioning of the Court of Accounts No 94/1992, as well as in other special regulations that are analyzed in this article. The approach is carried out not only from a legislative and doctrinal perspective, but also from a case law perspective, being exemplified in some solutions given by the courts in cases concerning complaints against the contravention reports drawn up by the Court of Accounts. Finally, some conclusions are presented, which also include the authors’ point of view on the perspective approach, including by the legislator, of this issue. -
The institution of appeal in the interest of law has the role of unitarily ensuring the interpretation and implementation of law by courts of law. The legal nature of this procedure is not determined only by the criminal and civil normative provisions governing it. This study argues that this institution is constitutional in nature because, under the Constitution, the High Court of Cassation and Justice has the power to ensure the unitary interpretation of law by the courts of law. There are analyzed the consequences of the constitutional nature of this institution, the limits of obligativity of the settlements of matters of law given by the High Court of Cassation and Justice by means of the decisions ruled in these proceedings, as well as the ratio between the decisions of the Constitutional Court and the decisions of the High Court of Cassation and Justice respectively, ruled for a solution on the appeals in the interest of law. Recent case-law of the Constitutional Court reveals new aspects regarding the possibility of verifying the constitutionality of decisions ruled on this matter. -
The present study examines in detail the conditions for contracting authority’s cancellation of the award procedure for the public procurement contract, taking into account that the legislative act (Government Emergency Ordinance no. 34/2006 regarding the award of public procurement contracts, public works concession contracts and services) underwent the last 2-3 years - in the terms considered - radical changes likely to run on the current legal regime. -
The institution of the penal clause, regulated in Articles 1538–1543 of the new Civil Code, still encounters different interpretations, even contradictory sometimes, in the judicial practice and in the solutions of the courts. In particular, the interest of the practitioners and of the specialized doctrine is based on the possibility conferred to the court of law to reduce the penal clause in the two cases provided by the legislator, namely when the main obligation has been executed by the debtor to the benefit of the creditor and when the penalty is clearly excessive in relation to the prejudice which might have been foreseen by the parties on the conclusion of the contract. This study aims to analyse thoroughly the two hypostases in which the judge is allowed to defeat the principle of binding force of the contract and to intervene in the decrease of the quantum of penalties, an analysis materialized both from a theoretical point of view and especially from a practical point of view, offering relevant solutions from the recent judicial practice. -
Given the many amendments to the Government Emergency Ordinance no. 34/2006 and the entry into force of the new Code of Civil Procedure and the law implementing thereof, the author conducts an extensive review of the regulations relating to the appeal and recourse remedies at law, the competent courts of law and the possibility to join the appeals filed against the same public procurement procedure. In this context, the author carries out an analysis of a relatively recent and relevant judgment pronounced on a public procurement procedure by the Contentious Administrative and Fiscal Matters Section of the High Court of Cassation and Justice. -
By reference to the real guarantees, which, theoretically, ensure a greater security of the execution, the fidejussion prevails by a lower degree of formalism and by a much higher degree of flexibility. Through the fidejussion mechanism, the creditor will have as common guarantee at least two patrimonies: first of all, of course, the patrimony of the main debtor, but in addition to this patrimony it can also be satisfied from the patrimony of the fidejussor or fidejussors. No one can become a fidejussor-guarantor against his will. Regardless of its nature, the fidejussion has a contractual nature, being able to arise only through the agreement between the creditor and the fidejussor. The law or the judgment only requires to bring a personal guarantee. When a person is obliged, by law or by convention, to provide bail, and he does not voluntarily fulfil his obligation, the judgment of conviction does not convert the bail into a judicial one, it still remains legal or conventional, as the case may be. The judge only orders the execution of the legal provision or of the convention. Exceptionally, in certain situations, the law absolutely presumes the quality of a certain person as fidejussor. For example, there is a fidejussion, called an assimilated fidejussion, also in case a party undertakes to another party to grant a loan to a third party, in which case the creditor (the person to whom the commitment has been made) is guarantor (fidejussor) of the obligation to repay the loan received by the third party.
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Law No. 221/2009 regarding political convictions and their related administrative measures issued in the period comprised between March 6, 1945 – December 22, 1989 established, inter alia, that the victims of such convictions shall be entitled, within an interval of 3 years from the enforcement of this law (June 14, 2009) to request the Romanian State to pay moral damages (without any ceiling in terms of value) for the suffering caused by such convictions. The law was subsequently amended, in the sense that a ceiling was established for the value of such damages. In its first two decisions (No. 1358/2010 and No. 1360/2010), the Constitutional Court stated that both the original and the amended text of the law are unconstitutional, without denying, however, in principle, the fairness and lawfulness of granting such moral damages in the given situation. Until the present time, the Romanian State did not proceed to enact Law No. 221/2009, in consideration of the mentioned decisions issued by the Constitutional Court, although it was bound by the Constitution to proceed as such. Taking this situation into account, the author sets forth the idea that, at present, although we are apparently in the presence of a legislative void, the injured parties may claim, however, such damages in court, even at this time, on the strength of certain principles from the Constitution of Romania, from the European Convention on Human Rights and Fundamental Freedoms and from the Universal Declaration of Human Rights. -
The present study is dedicated to the approach from theoretical and practical perspective of the problem of instigation to commit an offence or to continue to commit an offence for the purpose of obtaining evidence in the context of using special investigative techniques. The problems presented are based on an ex post facto analysis, with applied character, by outlining some concrete hypotheses. There are highlighted aspects elaborated by the European Court of Human Rights by way of case law, but also relevant aspects from the national case law of Romania in order to identify the criteria for establishing the illegal nature of the activities of the criminal investigation bodies necessary to collect and provide evidence in the criminal trial. Likewise, there are presented and analyzed the conditions retained by the Strasbourg Court necessary to be fulfilled so that the activities of the state bodies do not exceed the scope of loyalty of administration of evidence. In addition, an attempt is made to delimit the instigation to commit offences from the legal activity of the undercover investigators in the context in which it has been authorized the use of the special method of investigation of using undercover investigators or collaborators, provided by the Criminal Procedure Code.
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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.
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In this study, the author aims to highlight a number of limitations of the principle of availability in the second phase of the civil process, such as, for example, the need to approve enforcement by the court, the impossibility of representation of the legal person by another legal person, execution by persons or entities other than the creditor, as well as the imperceptible nature of certain goods. At the same time, this procedure cannot be initiated against those who enjoy immunity from enforcement, and the failure to register documents under private signature in the National Register of Real Estate Advertising was an impediment to enforcement until declaring the legal provisions of this obligation as unconstitutional. This presents the difficulties encountered by the holder of the writ of execution in his attempt to enforce it, as well as doctrinal and jurisprudential controversies, which led to the conclusion of the need to repeal the institution of approval of enforcement. -
In the current architecture of the Criminal Procedure Code, the regulation of the special methods of surveillance or investigation is based, from the perspective of the legislative technique, on a unified, foreseeable and predictable approach, eliminating the arbitrary. The special methods of surveillance or investigation are meant to contribute, by their results materialized in proofs, to proving in a direct manner the offences committed by the suspects or/and the defendants. The specificity and concrete particularities of the circumstances of some of the corruption offences, the offences assimilated to the corruption offences, as well as those of drug trafficking, trafficking in weapons, human trafficking, acts of terrorism, cybercrime, expressly enumerated within Article 139 (2) of the Criminal Procedure Code suppose that the probative includes, in a significant proportion, proofs obtained by way of special methods of surveillance or investigation. -
The evolution of the Romanian society in the direction of consolidating the rule of law is accompanied, in some cases, by the amplification of negative phenomena, materialized in the increase in the number of persons committing antisocial actions and evading criminal liability, which requires the taking of actions directly aimed at these categories of persons who can continue to commit crimes, some of them of extreme violence. At present, together with the adoption of the Government Emergency Ordinance no.60/2006 for amending and supplementing the Criminal Procedure Code, the national legislative framework regulating the procedure of starting criminal prosecution is in compliance with the European legal norms and meets the standards imposed by the European Union. The powers provided by the legislation are able to meet the requirements in this field and, at the same time, to support the efforts made by the judiciary police bodies specialized in the activity of investigating and tracking down persons evading the enforcement of judgments, whose ultimate purpose is the achievement of justice. -
Două opțiuni a avut Adunarea Constituantă în 1991 cu privire la echilibrarea raporturilor între puteri, îndeosebi între Parlament, ca depozitar suveran al puterii legislative și cele două autorități de vârf ale puterii executive: Președintele României și Guvernul 1 . Fiecare opțiune cu avantajele, neajunsurile și riscurile ei. Adunarea Constituantă ar fi putut să instituie republica parlamentară, ca specie eminamente și formal democratică a regimului parlamentar, consacrat și prin constituțiile din 1866 și din 1923, dar nealterat esențial de regimurile autoritare ulterioare, sau să modifice tradiția parlamentară a regimului politic și să instituie un alt tip de regim. Regimul prezidențial nici nu a intrat în calculele Adunării Constituante, deoarece acesta, ca tip de separație și echilibrare a puterilor, nu a putut fi extins la niciun popor în forma sa clasică, izbutită exclusiv în Statele Unite ale Americii... -
In this study, the author examines the problems of regulating the violations of private life by Article 74 of the current Romanian Civil Code (the Law No 287/2009, republished), in light of the relevant case-law of the European Court of Human Rights and of the Romanian courts, coming to the conclusion that the mentioned legal text judiciously summarizes the indicated case-law. -
The provisions of Article 169 of the Law No 85/2014 on the procedures for preventing insolvency and for insolvency regulate the responsibility aimed at covering the debtor’s liabilities in case its assets do not satisfy all the claims of its debtors. The mentioned legal provisions regulate expressly determined cases in which either the members of the supervisory bodies, or the members of the management bodies of the legal person which is in a state of insolvency or any other person that has caused the state of insolvency may be obliged to cover a part of the liabilities of the insolvent debtor, provided that the activity they carried out has led to the insufficiency of the available cash funds from the patrimony of the debtor legal person. In relation to the provisions of Article 171 of the mentioned normative act, the responsibility of the specified persons may be engaged in any form of the procedure, either in judicial reorganization, or in bankruptcy. In case of judicial reorganization, the amounts of money obtained as a result of the responsibility of the mentioned persons are intended to supplement the funds necessary for the continuation of the debtor’s activity, and, in case of bankruptcy, those amounts must ensure that the debtor’s liabilities are covered. The regulation of the responsibility of the members of the supervisory/management bodies or of any other person that has caused the state of insolvency of the debtor legal person is an integral part of the procedure provided by the law on insolvency.
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In this study, the author analyzes the possibility of granting the public judicial aid, according to the national legislation and the case law of the European Court of Human Rights, regarding the bail necessary to be paid in the cases regarding the provisional suspension of enforcement, according to Article 719 (7) of the Civil Procedure Code. Regarding the situation prior to pronouncing the decision in the Case S.C. ECO INVEST S.R.L. and Ilie Bolmadar versus Romania, special attention is paid to the way of transposing the Directive of the Council of the European Union 2003/8/EC to improve the access to justice in cross-border disputes by establishing some minimum common rules relating to the legal aid for such disputes, as well as the jurisprudential reversal of the Case Micallef versus Malta. At the same time, there are emphasized the relevant provisions of the Government Emergency Ordinance No 51/2008 on judicial public aid in civil matters.
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Chestiunea pusă în teză generală la înălțimea principiilor fundamentale ale dreptului nostru public trece peste importanța litigiului concret cu ocazia căruia se pune această chestie. Suntem deci datori a o examina la acea înălțime și justiția la rândul ei e datoare și în drept să-i dea soluția care o va crede mai conformă acelor principii. Fără îndoială că nu este fără greutate considerația generală ce s’a invocat că dispozițiunile constituționale ar putea să rămână fără efect, dacă ar fi permis legiuitorului ordinar să distrugă prin opera sa legislativă bazele pe care este clădit tot edificiul vieței noastre publice, așa cum este el așezat în pactul nostru fundamental și dacă justiția nu ar avea dreptul să repună la loc părțile vătămate ale acestui edificiu. -
The declarative establishment of democratic traditions or insurrectional ideals at a constitutional level is legitimate and explicable as an element of public law philosophy and social psychology, but also of national identification, especially in situations where the Constituent Assembly established a democratic political regime, opened to the aspirations of a nation that has liberated itself from the authoritarianism of a tyrannical government system. However, the issue we are raising is whether democratic traditions are justified in a normative regulation. In my opinion, the proper place to preserve the national values and the historical political and juridical traditions of a people cannot be the normative text of the Constitution, because it, as a fundamental normative act, from the point of view of positive law, has the role to regulate political, social and economic relations and others as valid social phenomena measurable politically and legally. The original place of the traditions and values of a community lies in its public consciousness and in the general lifestyle. Here, they retain intact the ideological content and form, as they penetrated through objective scientific knowledge, as well as through a spiritual path in the individual’s consciousness, and extended to successive generations. In this way, democratic traditions acquire an explanatory role for the philosophy of public law. A question arises: if democratic traditions are transposed by constitutional norms in the national legal order and converted into constitutional traditions, can they be challenged scientifically and historically? Contesting the democratic traditions in a scientific work or denying their existence, as well as legislating some areas of social life without considering the Romanian constitutional traditions, are subjected to malpractice or even sanctioned by the law?
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Presenting the specific fundamental rights granted to the European citizens, of the new rights guaranteed in compliance with the progress and development of the society and taking into consideration the case law of the European Court of Human Rights and of the Court of Justice of the European Union, the author emphasizes the autonomous nature of the Charter of fundamental rights of the European Union. The fact that the Charter of fundamental rights of the European Union is granted a binding legal value after the Treaty of Lisbon enters into force, shall have an important part for the accession of the European Union to the (European) Convention for the protection of human rights and of fundamental freedoms. The Charter of fundamental rights of the European Union shall contribute to the acquirement of the important part that the European Union will play on the international stage, in the field of the human rights protection. -
The present study aims to analyze the autonomy of will regarding the civil legal act, by reference to the limitations that the legal norms, public order or good morals set both in terms of substance and formally. The legal will, a complex psychological phenomenon which is the basis of the conclusion of any legal act, is governed by two basic principles, namely the principle of real will and the principle of freedom or autonomy of will. The principle of real will, enshrined in Romanian law, gives valency to the internal/psychological element to which the party is animated at the conclusion of the civil legal act. As for the principle of autonomy of will, it finds its legal consecration in Article 1169 of the Civil Code, establishing the parties’ freedom to conclude any contracts and to establish their content. However, this freedom must not be viewed in absolute terms, knowing a series of limitations of substance and form, which we have pointed out in this article.
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This article analyzes amendments brought to the institution of authority of res judicata by the new Civil Procedure Code, in relation to the manner in which the doctrine and the case-law have determined the development of this institution. -
Neutral power can manifest itself in modern liberal democracies also in the form of autonomous authorities. Their neutrality is based on two kinds of reasons. The first category involves the positioning of the neutral authorities outside the separation of powers in the state, their reactive (not active) political character and their role of balancing the separate powers of the state or of balancing the relations between the state and civil society. They are in the Romanian law authorities with constitutional status. The second category of authorities that call/consider themselves neutral founds its position on the neutrality of the experts in their structure. They have in the Romanian Constitution the status of some atypical, autonomous administrative authorities. Modern states are based on political freedom, i.e. on the liberation of man from objective laws. The expression of this freedom substantiates all the institutional mechanisms of modern constitutionalism. In exchange, the autonomous administrative authorities are set up to release the regulation of certain social mechanisms of political influence. They are not based on modern political freedom. Formed of experts who know the „objective” laws of social development and apply them „scientifically”, these authorities are „objective”. It is thus created a dichotomy: the people or the expert? The increasingly dense contemporary option for the expert can lead to significant risks for the human rights and for the democratic system.
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Legal separation („separația de corp”) is a quasi-divorce, which does not lead to the dissolution of the marriage, but produces certain legal consequences on personal and patrimonial relations between spouses. Based on religious motivations, legal separation is the compromising solution adopted in states of Catholic religion, in which marriage is seen as an indissoluble and perpetual bond. Although known in several Member States of the European Union (EU), legal separation has meanings, conditions, procedure and effects that differ from one state to another. In Romanian law, the institution of legal separation is not regulated. The Orthodox religion, predominant in Romania, rejects the dogma of the indissolubility of marriage and allows divorce. However, in the Civil Code, among the provisions of private international law there is a rule indicating the law applicable to legal separation. The use of the notion, which is otherwise singular, is not accompanied by a definition or explanation of the term. In the European regulations (the Regulation Brussels II bis on jurisdiction1 and the Regulation Rome III on the applicable law2 ), directly applicable in Romania, two similar notions are used, those of „separare de drept” (legal separation) and of „separare de corp” (separation of body).
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The rule of issuing urban planning permits (building or demolition permits) under the reserve of respecting the civil rights of third parties has two important consequences. First, it makes it clear that this sort of administrative permit does not affect the rights of the third parties; second, it means that the subsequent civil right is not taken into consideration in the management of the file and the issuing of the permits. The said permits solely assure the respect of urban planning law, excluding private law obligations and servitudes. -
In this article the author presents the journalistic portrait of a prominent representative of the Transylvanian intellectuals’ elite – Camil Velican, whose biography belongs to the model of Transylvanian Romanian intellectual from the turn of the 19th century to the 20th century. Following his family’s tradition, Camil Velican opted for legal studies, heading at first for the Hungarian capital, where he attended, at the Royal Hungarian University, the classes of the Faculty of Law and Political Sciences (1897–1900). The model of the best Romanian students in Budapest attracted him to the Academic Society „Petru Maior”, where the talents of the national literature were formed. He continued his studies starting from 1900 at the „Ferenc József” University in Cluj, where he obtained his Ph.D. in Law in 1902, after which he dedicated himself to the profession of lawyer. Camil Velican was acknowledged as a prominent representative of the Romanian lawyer profession, a profession he practiced at the Bar of Alba, whose member he has been since 1903. With a rich political activity, he was the first Romanian Mayor of Alba Iulia after the Union of Transylvania with Romania on 1 December 1918. He had a successful career, both in administration and in the legal field, and he contributed, through his knowledge, to the economic and cultural development of the community to which he was fully committed. It must be noted that Alba Iulia was the first city where, on 20 November 1918, it was installed a Romanian administration, in which Camil Velican served as mayor. The activity in the role of mayor was a special one and contributed to the development of the city, which had become a very important one for the whole country, given the historical event which took place here. On 12 June 1937 it was prematurely interrupted the thread of a life during which he could have continued a prodigious activity in the most diverse areas of public life: politics, administration, economy, culture. Subsequently, under the communist regime, the name and activity of Camil Velican were intentionally forgotten, as well as of other achievers of the Great Union. Moreover, his family has been subject to some political persecution, specific to those regrettable old times. Even the change of paradigm in the Romanian society after 1989 did not change the old state of facts, the memory of the one who was Camil Velican being still ignored. Moreover, the house of the Velican family, which was one of the main places established for the reception of delegates and for assembly of the Transylvanian leaders in order to organize the day of 1 December 1918, continues to be nowadays in an unjustified and unjust state of decay.
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In the present study, the author analyses the provisions newly introduced by the Law No 129/2019 in the matter of the real beneficiary in the case of the fiduciary operation regulated by Articles 773–791 of the Civil Code. The provisions regarding the real beneficiary constitute the transposition into national law of two directives, namely Directive (EU) 2015/849 [amended by Directive (EU) 2018/843)], respectively Directive (EU) 2016/2.258. Analysing the versions in several official languages of the European Union (in particular the English and French languages) in comparison with the Romanian version, the author comes to the conclusion of an insufficiently analysed translation and in reference to the applicable legal provisions regarding the Romanian version, which does not sufficiently study the substantial differences between the fiduciary operation and the equivalent of the Anglo-Saxon law, namely the trust. This results in a difference between the English and French versions, respectively the Romanian version.
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This article intends to provide an analysis of one of the cases of absolute nullity of marriage, expressly regulated by the Civil Code, i.e. bigamy. After a brief introduction follows the discussion of the sanction of a marriage concluded by an already married person whereby relevant provisions, conditions to be fulfilled for establishing the absolute nullity of marriage in case of bigamy, as well as some aspects pertaining to invoking good faith at the time of concluding the new marriage are taken into account. -
The issue of blank bill of exchange titles has always been a subject that has opened the path for debates and controversies, being always of present interest. The interest of clarifying this legal figure is not only a theoretical one, but also a practical one, the blank promissory note being a means of security frequently encountered within the credit contracts concluded by banks. The advantages conferred by the blank promissory note, consisting in the easy way of establishing the title, the flexibility of its content from the perspective of its possibility of filling in, the rapidity of its conversion into a title that can be subjected to enforcement, the restriction of the debtor’s possibilities to contest it and the celerity of the procedure for settlement of such disputes, reflect undeniable arguments for the use of such a legal instrument in the professionals’ practice. This study aims to emphasize certain aspects related to the issue of the blank promissory note, its guarantee and the defences of issuer and of the guarantor of the blank promissory note within the enforcement of the bill of exchange, also with reference to the case of entry into insolvency of the issuer. -
