The study attempts to define the nature and character of a common law legal transplant in the New Romanian Civil Code – the bank guarantee letter as well as the dilemmas faced by the courts in the judicial practice created by this independent guarantee. Keywords: ...

This article presents the legal framework relating to the consolidation of inter-war buildings, including those pertaining to the immovable cultural heritage, by examining the main pieces of legislation in force as well as the draft legislation initiated locally and nationally and launched for public debate. Within this analysis, the main deficiencies identified with respect to the relevant provisions are rendered – namely the lack of a rigor...

Analysis of the judicial practice regarding the liability of the insolvent Debtor’s management bodies. The concurrence between the attraction of the director’s liability under the terms of art. 169 of Law no. 85/2014 and the fiscal decisions implying the director’s joint and several liability for fiscal debts.

The present study represents a doctrinal assessment of the Law no. 151/2015 on insolvency procedures applicable to individuals, which was adopted by quasi-unanimous vote in the Chamber of Deputies on May 20th, 2015. While concluding the comparative analysis in the context of the Romanian judicial system particularities, we express fears that the law will most likely miss the intended target, unless the legislative body amends its c...

This study of juridical practice attempts to present to the practitioners which are the difficulties faced in Romania by the exequatur of foreign arbitral awards, and which are most often caused by pathological arbitration clauses or incomplete arbitration clauses. Key...

The purpose of the study is to analyze the answer of the judiciary practice to the issue of sanctioning a less ”orthodox” manner of defrauding the unsecured creditors – by allotting and grouping the ”undesirable” creditors to a certain entity resulted from a division, followed by a collective procedure. This ”modus operandi” is more frequently used whereas the unsecured creditors lack the effective procedures – oposition to division –...

This study aims to highlight the characteristics of the action for restitution and actions for the exercise of real rights in the new Civil Code vs. the Cuza Code from the perspective of both substantive and procedural law. Keywords:

This article is an in-depth study of the Romanian and French interwar and postwar doctrine with reference to the oblique action, but from the perspective of the new Civil Code. Since the text of art. 1560-1561 NCC which regulates this action is similar to that of art. 1623-1630 of the Civil Code of Quebec, we have also tried to relate it to the doctrine and case law of this Canadian province. We have also analyzed the judicial practice which ...

The article provides an overview of doctrinal opinions regarding the name and legal nature of the class action, as well as a comparison between Law no. 85/2006 and Government Emergency Ordinance no. 91/2013, both regulating the class action. The author’s conclusions state that the actions aiming to restore the debtors’ patrimony and the balance between creditors will be more difficult to bring under the new regulations.

The article presents the development of the institution of forced co-ownership in terms of disposal acts that co-owners may exert, since the adoption of the new Civil Code until present, including the Constitutional Court jurisprudence perspective. Mismatches in the correlation of certain legal texts of legislation governing this area are highlighted, before changes of the New Civil Code by Law nr. 60/2012 and after this change. Finally, regar...