The author of this article details one of newly-regulated institutions under the New Civil Procedure Code of Romania in the matter of ensuring a unitary case law, namely the motion to rule in principle on certain legal matters, filed to the High Court of Cassation and Justice, by which certain courts of law may request the highest court to issue a preliminary ruling on a newly-emerged legal issue that was referred to them. Other procedural mea...

The article investigates legal controversies arisen in practice regarding the status of creditors who benefit from a mortgage on the banking account of the debtor, when in concurrence with other creditors who aim to recover their receivables from the same person. With a special view at forced execution and insolvency procedures, the authors provide an analysis of the different approaches used by bank-account mortgagees in order to justify their...

The emergency ordinance nr. 50/2010, approved with amendments by the Law nr. 288/ 2010, transposes into domestic law the Directive 2008/48/EC of the European Parliament and of the European Council from the 23rd of April 2008 on consumer credit agreement and on abrogation of the Directive 87/202/CEE of the Council.The new European Directive imposed a complete harmonization so that the Romanian legislator had a small margin of freedom in re...

“Mediation represents a way of resolving disputes amicably, with the assistance of a third party specialized as a mediator, in terms of neutrality, impartiality, confidentiality and with the free consent of the parties. Mediation is based on the trust that the parties give to the mediator, as a person fit to facilitate their negotiations and to support them in order to resolve the dispute, by reaching a mutually acceptable, effective and last...

The present article is the last installment of the third part discussion related to the electronic bill of lading. In the present article the author surveys the relevant international efforts related to the introduction of the electronic commerce, the impact of electronic commerce on the evolution of the bill of lading’s instruments, and connects the efforts related to the development of electronic commerce to the evolution of the electronic b...

This article approaches the specific issue of the admission of the right to file complaints with the bodies of the ECHR in favor of company shareholders or partners when they report the breach of their rights ensured by the Convention as a consequence of certain actions or the lack of action filed against the company. Thus, the direct victim of the breach is the company in which the petitioners are shareholders or partners but the application ...