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The present study comprehensively examined the Land Book Registration Prescription issue in the new Romanian Civil Code (Law no. 287/2009, which has entered into force on 1 October 2011), stressing in particular, the matters of substantive law as well as the provisional (inter-temporal) law and the correlation between Land Book Registration Prescription issues and the principle of land book material publicity. -
The present study aims mainly to identify those wordings in Law no. 287/ 2009 on the Civil Code which apply to testamentary inheritance issues that have certain shortcomings, and to find, as much as possible, the best solutions for remediation thereof.
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In this study, the author provides a critical analysis of the content of art. 2322 of the Civil Code that has entered into force on 1 October 2011, regulating for the first time, in terms of legislation, autonomous guarantee instrument of the letter of comfort. Given the lack of doctrinal explanations and of the Romanian jurisprudence in this regard, the author makes a comparative law analysis regarding the use of this instrument, employing as reference points the Common Law systems and Continental Law systems based on the existence of a Civil Code. This instrument is known since the early 1960s by the international transactions practice, but the corresponding case law is quite limited and in some legislation, although frequently used, letters of comfort are not subject to an expressis verbis legislative regulation. The author emphasizes the Romanian Civil Code modern nature together with the call for a consistent use, in practice, of this legal institution.
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The authors comment on the provisions of art. 1013 to 1024 of the new Romanian Code of Civil Procedure (Law no. 134/2010 of the Code of Civil Procedure, republished in the “Official Gazette of Romania”, Part I, no. 545 of 3 August 2012 and entered into force on 15 February 2013) on the instruction payment special procedure, whereby the legislator establishes uniform rules for combating the late payment of certain amounts of money, bringing together the provisions previously established by the two laws, currently repealed (Government Ordinance no. 5/2001 and Government Emergency Ordinance no. 119/2007). When stating the conclusions of the study, the authors welcome the legislative solution and point out that the payment instruction procedure can be used concurrently with the small claims procedure (art. 1025 to 1032 Civil Procedure Code), as these two special procedures do not exclude each other.
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The author strongly criticizes the regulation stated in art. 519 to 521 of the new (Romanian) Code of Civil Procedure (referral to the High Court of Cassation and Justice for a prior ruling for dispensation of law issues), considering, reasoned, that these texts should be expressly repealed so that, also in the case covered by art. 519, an appeal in the interest of law can be filed (Articles 514 to 518 of the same code).
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Fraudulent bankruptcy is one of the criminal law’s “Cinderellas” because the legislator was highly oscillating with regard to the sanctioning regime, the rules indicting this deed suffered frequent changes of the contents and the seat of the matter was found in the recent years in several legal acts (the Commercial Code, Law no. 31/1990, Law no. 64/1995, Law no. 85/2006 and the 2009 Criminal Code). This study focuses both on the analysis of the fraudulent bankruptcy offense under the new Criminal Code and on the specific concepts.
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In this study, the author examines the relevant aspects for proper understanding of the regulations set out in a chapter of the new Romanian Criminal Code (Law no. 286/2009, as subsequently amended and supplemented) entitled “State border crimes”. It was noted that such a chapter has no counterpart in the Criminal Code regulations, which entered into force in 1969; this does not mean it is an absolute novelty in the Romanian legal landscape. The study makes an interesting comparison between the wordings included in the subdivision of the new Criminal Code and the ones in Government Emergency Ordinance no. 105/2001 and Government Emergency Ordinance no. 194/2002 which have served as inspiration for the legislator.
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The paper presents the amendments to the Government Ordinance no. 2/ 2001 brought by Law. 76/2012 for implementing Law no. 134/2010 on the Code of Civil Procedure, the Contraventional procedure undergoing major changes with the entry into force of these regulations. Therefore, the steps of the judicial Contraventional procedure are briefly presented through the innovations introduced by the Code of Civil Procedure and, at the same time, the Contraventional law-related issues not yet regulated are analyzed, reiterating the proposal to develop a Contravention Code to regulate matters still confusing of the law material Contraventional and, especially, the ones contravention of the procedure Contraventional.
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The author analyzes the rules of Directive 2001/23/EC of March 12, 2001 on the appropriation of the European Union Member States’ laws relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or establishments, by reference to the rules of the Labor Code (republished) and the provisions of Law no. 64/2006 on the protection of employees’ rights for transfers of undertakings, business or parts thereof; this comparative analysis reached some interesting conclusions useful both for theorists, and practitioners.
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This paper analyzes the legal status of the Romanian judgments in terms of the European Enforcement Order, in light of the provisions included in Regulation (EC) no. 805/2004 creating a European Enforcement Order for uncontested claims; Regulation (EC) no. 1896/2006 creating a European order for payment procedure; and Regulation (EC) no. 861/2007 establishing a European Small Claims Procedure, all this, in conjunction with the rules of the new (Romanian) Code of Civil Procedure (Law no. 134/2010, republished on 3 august 2012 and entered into force on February 15, 2013).
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The above study examines specific issues arising from the inheritance regime where the assets of the deceased’s estate include shares, following the death of a limited liability company associate.
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Compensation for damage related to the environment (environmental damage, lato sensu) – harm to the (ecologically “pure”) environment and damage to persons or property caused by pollutants, harmful actions and disasters - is achieved in Romanian law through several legal regimes: tort liability, under the Civil Code (liability for the deeds of its own, deeds based on guilt, fault liability, the deed of things, liability for abnormal neighborhood disturbances), environmental responsibility (covered by Directive no. 2004/35 / EC, transposed into the national law by the Government Emergency Ordinance no. 68/2007), the objective liability of legal origin and liability for damage caused by defective products. The main criterion is in this regard the term “environmental harm” and the concept of environmental damage (lato sensu). The construction of the liability and compensation for damage related to the environment (environmental damage) system involves delimiting the action field of each type of “liability”, “repair”, establishing the specific rules applicable and capturing the relevant structural interdependencies.
