This study aims to approach some aspects specific to the legal proceedings in which the partial nullity of a legal act / contract is requested, mainly those related to establishing the essential or determining character of the clause allegedly affected by nullity, a determining character that must exist a priori, at the time of the conclusion of the act, for both contracting parties, not just for one of them, in order to prevent partial nullit...

This study aims to provide an original explanation of the principle of truth finding regulated by art. 22 of the Civil Procedure Code and in the light of the Bangalore Principles, from a multidisciplinary perspective: procedural law, legal logic, philosophy and, at the same time, it approaches the aesthetics of judicial creation, through the touches that explain the methodology of the judge’s art to perform the jurisdictional act, i...

This study aims to highlight the main differences between the formation of contracts governed by the general regulatory framework and the emergence of legal relations on the stock market, but especially the inoperability, in principle, of causes of nullity or revocation of share transfer operations performed on the stock market, as compared with the nullity of common legal acts, with an emphasis on the impossibility of applying the principles...

Among the most debated legal issues at both national and international level, in the current period, we find the effects on contractual relations, generated by the SARS-CoV-2 pandemic and by the measures ordered by the public authorities to limit the effects of the virus on human health, measures which had to leave the economy in the background. In matters of performing contractual relations, in progress at the time of the emergence of the pan...

This article aims to provide arguments for several legal issues, starting from criticizing a recent erroneous jurisprudential solution, recalling, in essence, the fact that under the special laws of remedy in the field of property, the legislature instituted cases of reinstatement ope legis within the term of accepting the succession of the authors (former owners of the property whose restitution is requested), by the request/notification of re...

This study aims, on the one hand, to give an overview of the rules of the Proposal for a Directive of the European Parliament and of the Council on common minimum standards of civil procedure in the European Union, and, on the other hand, to make a comparison of these rules with the internal ones. The observance of the right to an effective remedy and to a fair trial, are desiderata that can be achieved by “setting minimum standards for the in...

Although several months have passed since the entry into force of the new rules for amending the Civil Procedure Code, introduced by Law no. 310/2018, we intend to make a presentation of some of the significant changes, and in this article we have dealt with the subject matter of appeals, with regard to which we can speak almost of a reformation (especially concerning the second appeal, due to the removal of the filter procedure from the High...

This study aims to analyze whether the benefit of the cause of halving the limits of the punishment as provided by law, under art. 15 of G.E.O. no. 78/2016, which entirely reflects the norm of art. 18 of Law no. 508/2004[1] (in the case of offences within the competence of the Directorate for the Investigation of Organized Crime and Terrorism), art. 30 of Law no. 656/2002 (in the case of money laundering offences) and art. 367(5) of the Crimi...

This commentary seeks to highlight a number of issues related to the impossibility of requesting the de jure abolition of an attachment and the restitution of the retained amounts through a future action, provided that there is a final (in this case irrevocable) decision to validate the attachment, not abolished by the specific means of appeal, a decision that constituted the enforceable title of the third party who executed the amount subject...

This study aims to clarify the main distinctions between procedural exceptions and substantive defences, in particular substantive exceptions (as a species of substantive defences in law). Without approaching the similarities and all the differences between these two categories of exceptions regarded lato sensu, as a defence means, we have been concerned with the order of deciding on concurrent exceptions, on the decision method and the effect...