The study critically analyzes the text of art. 207, para. (1) of Law no. 71/2011 for the implementation of Law no. 287/2009 on the Civil Code, according to which the new rules of conflict will immediately apply in all cases when the submission of the claim in front of the court or other competent authority was registered after the date of entry into force of the new Civil Code (1 October 2011). The legislator does not refer to the date when th...

Servitudes represent the connection of two neighboring buildings or in a mediated proximity, which facilitates their economic exploitation to the advantage the fund which becomes dominant. In return, the fund that supports the servitude is called the subservient fund.Having originally a predominantly rural character, servitudes institution become obsolete as a result of the appearance of specific regulations, such as those in the water ...

The main purpose of this article is to identify resemblances which exist or should exist between the legal regime of nullity of the decisions of the general meetings of shareholders in joint-stock companies, set, mainly, by the Romanian Companies Law no. 31/1990, and the general legal regime of nullities set by the Civil Code. ...

This article’s purpose is to perform a comparative analysis between the procedure of restructuring the legal persons as set by the old regulations before the new Civil Code, and the present procedure set by the latter – with the aim to identify and observe the common elements, as well as the particulars of the new regulation.The author also related to the provisions of some special regulations, in particular of Companies Law no. 31/...

Legal regulation of the right of superficies mirrored throughout its history the need to meet specific needs in the area of housing. There were two causes for legal dedication lightly.On the one hand, the need for housing, which was long a social goal, and on the other hand, the rigidity of the legal status of the public domain, which did not allow the coexistence performance of several types of ownership.Legal consecration of sup...

Along with the usual classical vision of temporary co-ownership, established by the Civil Code of 1864, which ignored the subject entirely, as a separate institution, for the benefit of individual property co-ownership, co-ownership been considered a transient situation, exceptional, New Civil Code outlines, through a series of changes a new physiognomy of this institution of civil law.Although almost all news reported during this study ...

In addition to the classical vision of property, taken from the Napoleonic Code of 1804, the New Romanian Civil Code brings new elements of a postmodern nature, which are essential for understanding the concept in current society. The blending of principles specific to continental law (inspired by French, Italian, and Dutch law) with those of the Province of Quebec (of a mixed, continental nature with strong common law implications) creates a ...

The article is looking at the new Civil Code’s regulation of the funds deposit. The new legal framework sets out certain principles for the operation of the funds deposit agreement, providing for rights and obligations of the deponent and of the depository credit institution. Since the ownership over the amounts placed in deposit is transferred to the depository credit institution, the latter may freely dispose of these amounts in accordance wi...

The dispositions related to simulation under the New Civil Code (art. 1289 and the next, the New Civil Code) are applicable to the company as follows: the parties conclude a public and false act – the company contract – which conceals another secret and real act, the only act binding the parties, but not opposable to third parties; but the third parties can take advantage either of the public act, or of the secret one, as their interest dicta...