Principiul constituţional al egalităţii reflectat în procesul civil
Numărul 4 Anul 2023
Equality before justice derives from the constitutional principle „equality in rights” (art. 16 of the Constitution) and, in essence, ensures the real guarantees for the fair administration of justice.
Specifically, art. 8 of the Civil Procedure Code applies the fundamental principle of equality, referring to the exercise of procedural rights in the civil process, which is done equally and without discrimination.
They are ...
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Răspunderea pentru fapta persoanei care beneficiază de consiliere judiciară sau tutelă specială în lumina dispoziţiilor Legii nr. 140/2022
Numărul 3 Anul 2023
Article 1372 of the Civil Code, as amended by the provisions of art. 7 point 67 of Law no. 140/2022, enshrines with principle value the establishment of an objective liability, independent of any form of guilt of the perpetrator, of the guardian who supervises the persons protected by judicial counseling or special guardianship.
Through their behavior, often spontaneous, surprising, these categories of people represent a particul...
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Fapta creditorului – cauză de limitare a răspunderii fideiusorului
Numărul 1 Anul 2023
Being based on the subrogation mechanism, the guarantor’s regression transfers tale quale all remedies to the creditor regarding the principal debtor from the creditor to the guarantor.
By subrogation to the creditor’s rights, the guarantor intends to benefit from all guarantees accompanying the receivable and ensures the guarantor’s regression against its debtor.
When, subsequently to contracting suretyship, in a culpable...
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Despre dreptul de regres al fideiusorului
Numărul 5 Anul 2022
Relationships arising between the main debtor and the guarantor usually represent the consequence of the payment made by the guarantor to the creditor. The guarantor which has paid the debt has a right of regression against the debtor, even when it committed itself without the debtor’s consent. In certain cases expressly provided for by law, the guarantor shall be recognized a right of regression as well, before making the payment. Thi...
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De ce să optăm pentru invocarea excepției de neexecutare a contractului în pandemia Covid-19?
Numărul 5 Anul 2021
To state that the exception of a non-performed contract has as single end performance of corresponding obligation means to limit its effects and to create an idealistic vision of the discharge of obligations.
While it was initially aimed at ensuring observance of the predefined order of reciprocal/bilateral contract or relationship performance, the exception of a non-performed contract could play an important role against the ris...
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Succinte consideraţii despre beneficiul de diviziune
Numărul 4 Anul 2021
According to the provisions of Article 2298 (1) of the Civil Code, the benefit of division represents the right recognized to the guarantor, in the case that there are more obliged guarantors for the same debt, to request the creditor to first divide its action and reduce it to each share.
Plea of the benefit of division appears to be a limitation of the rule established under the provisions of Article 2297 of the Civil Code, ac...
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Despre reședinţa alternantă în România – aspecte teoretice și practice
Numărul 2 Anul 2021
In the family, this melting pot of relationships, values and feelings, the child receives the strength and main impetus of his development. The separation of the parents, the division of the whole, must be managed with maturity, without favouring one parent at the expense of the other, in order to maintain the balance in the child’s life, the stability and the continuity of his education.
The new Romanian Civil Code, inspired by ...
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Ruperea unilaterală a logodnei – aspecte teoretice și practice
Numărul 4 Anul 2019
Still questionable in terms of its legal nature (a legal act or a legal deed) and in the absence of relevant case-law on this matter, the engagement is seen nowadays as a social, moral and cultural relationship, with possible material legal consequences in the event of its unilateral termination.
The exercise of the right to unilateral termination of the engagement for the purpose of causing excessive or unreasonable harm or dam...
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Acţiunea oblică – examinare prin comparaţie cu reglementarea din Codul civil francez reformat
Numărul 3 Anul 2019
The derivative action arises from the joint security of creditors over the debtor’s estate. It entitles the unsecured creditor to exercise the rights and actions of the debtor, as if it were in its place, thus preserving its estate. The effects of the action, once admitted, are identical to the effects obtained by the debtor if it had acted itself.
By exercising the derivative action, the creditor does not acquire any own right. I...
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Rezoluţiunea unilaterală – un remediu preţuit de creditorul universal
Numărul 5 Anul 2018
One of the pieces of novelty of utmost interest introduced by the New Civil Code is regulation of the right to unilateral rescission at art. 1.552, drawing up on the legislation of other countries which are particularly sensitive to trade interests, and thought differently of the role of the specialized judge.
Under such law systems, the creditor may decide to unilaterally break the contractual bond in case of a default. When th...
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