Through this study, the author starts from the monistic regulation of the current Civil Code, raising for discussion the possibility of adopting a new Commercial Code, which should include all the essential regulations of the special laws in force, with regard to the legal relations in which those who pursue professional activities participate, regulations on the special status of the participants in the legal relations intended for professional activities, the trading companies and the trading professionals who are natural persons, regulations on the contracts and guarantees specific to professional activities (leasing contract, franchise contract, banking contracts and guarantees), regulations on credit titles, the regulation of the insolvency procedure, updated for all areas of professional activity.

Commercial competition is „a social patrimonial or non-patrimonial relationship, arising between natural or legal persons engaged in economic activities, based on the property right, equal opportunity for competitors, the freedom of action for enterprises, the freedom of choice for consumers and the obligation of the participants in these relationships to enable the exercise of the mentioned rights, in order to ensure a degree of rivalry between competitors which would bring benefits to the consumers, in terms of price, quality of the marketed goods and services”. Competition can be manifested in various forms, namely: perfect competition, also called pure; real perfect competition; imperfect competition; monopolistic competition. From a different perspective, namely that of the respect for fair customs and of the general principle of good faith, the law distinguishes between fair competition and unfair competition. Fair competition is „the situation of rivalry on the market, in which each enterprise tries to simultaneously obtain sales, profit and/or market share, offering the best practical combination of prices, quality and related services, by respecting the fair customs and the general principle of good faith” [Article 11 a) of the Law No 11/1991 on combating unfair competition]. „Unfair competition is... the commercial practices of the enterprises that contravene to the fair customs and to the general principle of good faith and which cause or may cause damages to any market participants” [Article 2 (1) of the Law No 11/1991]. Price is an essential indicator of the social reality and also a market instrument. In the doctrine the market price is defined as „a quantity of money that the buyer is willing to offer and can offer to the producer in return for the good he can offer”. It may have anti-competitive nature when it is derisory or contrary to fair customs.

This study presents a possible legislative incoherence, generated by the current form of Article 130 (3) of the Civil Procedure Code, concerning the invocation of the lack of competence of private order of the courts, which may lead to the situation of an incompetent court hearing a request, an abnormal situation in the conduct of a civil legal procedure.

This study aims at advancing solutions in view of correctly construing and interpreting certain provisions regulated under Law No 303/2004 on the status of judges and public prosecutors, in view of determining whether ex-judges and public prosecutors are entitled to benefit from the recalculation of their service pensions as a result of reaping the length of service obtained from practicing as lawyers, after retirement.

The Decision of the Constitutional Court of Romania No 405/2016, referring to the plea of unconstitutionality of the provisions of Article 246 of the Criminal Code of 1969, of Article 297 (1) of the Criminal Code and of Article 132 of the Law No 78/2000 on preventing, discovering and sanctioning of corruption acts (hereinafter referred to as „Decision No 405”)1, is not a mere interpretative decision2 whereby, following the admission of a plea of unconstitutionality, it is established that a text of law is constitutional only provided that a certain wording has a certain meaning3. The recitals of the Decision No 405, to which there have been added, shortly after, those included in the Decision No 392/2017, referring to the plea of unconstitutionality of the provisions of Article 248 of the Criminal Code of 1969, of Article 297 (1) of the Criminal Code and of Article 132 of the Law No 78/2000 on preventing, discovering and sanctioning of corruption acts4 (hereinafter referred to as „Decision No 392”), have emphasized the fact that the current rules of incrimination of the deeds of abuse of office, once clarified the meaning of the phrase „defectively fulfils”, still establish a criminal liability that rather acts with priority, and not according to ultima ratio principle, and the constitutive elements of the offence do not meet the standards of drafting of such legal norms identified in the case law of the European Court of Human Rights (hereinafter referred to as „ECHR”), the United Nations Convention against Corruption5, as well as in various reports and positions assumed by the European Union bodies on this subject. For the assumption that these observations of the Constitutional Court would determine the legislator to reflect on the necessity to reconfigure the legal provisions in question, the Court has indicated certain points of reference that should be considered in order to ensure a regulation compatible with the international and European standards mentioned.

This study starts from a case settled in the preliminary chamber by a court that has proceeded to the exclusion from the probative material of some illegally obtained evidence, but also of those derived therefrom. In the analyzed situation in the context of the preliminary chamber it was found that there had been a confusion which led to obtaining data on a person’s financial transactions in an unlawful manner, namely by an ordinance that had not been validated by a judge of rights and freedoms, as the provisions of Article 138 (9) of the Criminal Procedure Code would have required.

The study discusses in a precise manner and with a careful observation of the perception of the judicial practice on this issue how it is possible or how one should proceed to the verification of the legality of the probative procedures in the preliminary chamber phase. At the same time, with pertinent doctrinal arguments, the author of the study proposes an extension of the limits of verification of the legality of the probative procedures and with regard to the validity of the authorization issued by a judge of rights and liberties during the criminal investigation phase.

Although the European Union’s activities hardly integrate into the civilist logic of the „illicit legal act”, its non-contractual liability is triggered in particular for what the doctrine generically calls „behaviours” considered to be illegal. Even under this generous hypothesis, the Union liability can only be engaged under very strict conditions, less established by the Treaties and, rather, by the judge in Luxembourg, on the basis of some rules that discourage the litigants, limiting the possibility, in procedural and material terms, to bring such actions. The jurisdiction to settle the disputes concerning non-contractual liability of EU exclusively pertains to the European Unional jurisdictions, by applying Article 268 TFEU, which necessarily implies that the non-contractual liability of the Union must be engaged solely on the basis and under the conditions of EU law. Such an argument is fundamentally justified by the fact that engaging this liability very often implies that the scope of application is an appreciation of the Union’s policy, which is why the exclusion of the competence of any national jurisdiction appears to be natural.

The study is devoted to the legislative convergences and divergences existing at the level of the European countries regarding the functioning of small and mediumsized companies. The first part of this approach emphasizes the important role of small and medium-sized companies within the national economies, including their contribution to the formation of the gross domestic product. In the author’s opinion, the support granted by the political and legislative powers, including by the doctrine, is not in accordance with the contribution brought by the small and medium-sized companies to the development of the national economies. Starting from the finding that the typical legal form of functioning of the small and medium-sized companies is represented by the limited liability companies, the author presents the most relevant aspects regarding their establishment, organization and functioning. A particular analysis is also carried out in relation to Directive 2017/828/EC, a European document that is likely to significantly promote appropriate normative convergences. The author also emphasizes some positive trends manifested at the level of the European Union, such as those represented by the elimination of the fixed minimum share capital or by the reduction thereof. Among the legislative divergences, the author analyzes those determined by the conflicts of interests between the members of the limited liability company. In particular, the author takes into account the divergences concerning the right of the minority members, whose interests are threatened by the actions of the majority members, to freely exit that company.

What we intended on this occasion is to discuss the rules that are used to determine in the concrete situations, related to the case, the legal inheritors of de cuius and the meanings of these rules. The topic seems interesting to us, because on the way in which it is dealt with, on the answers given to some questions, which are raised or can be raised in this regard, depend the adequate theoretical perspective and the rigor of determining of the inheritors in a given case, not only of the lawful ones, but also of the testamentary successors, each category of heirs being able, either alone or with the other, to access the inheritance.

The content of the medical legal relation includes all rights and obligations of the provider and of the beneficiary of the medical service. Among these, only the rights of the patient benefit by an explicit and ample special regulation and by a growing doctrinal interest. However, this does not mean the lack of specific rights in favour of the doctor, but only the necessity to identify the existence and the determination of their content by analyzing the nature and/or the implicit effects of the legal provisions and of the jurisprudential solutions. Thus, the patient’s acceptance by the doctor, based on Article 663 (1) of the Law No 95/2006, is the equivalent of the informed consent of the patient, expressed pursuant to Articles 660–662 of the Law No 95/2006 and Articles 13–20 of the Law No 46/2003; the interruption of the relation between the doctor and the patient, pursuant to Article 664 (1) c) (ii) of the Law No 95/2006, as a result of a hostile and/or irreverent attitude towards the doctor, would be impossible in the absence of an obligation of gratitude of the patient, correlative to a right to gratitude of the doctor; and the jurisprudential consecration of the liability of the sanitary unit for the damage suffered by the doctor due to a nosocomial infection is due precisely to the existence of a right to security of the doctor.