Omission of the judgment judicial provisions that are found in minute is not likely to attract annul the award, but may be directed towards a conclusion further data under art. 281 C. pr. civ. So canceling the sentence appealed and sending the case back because on the sentence is not identical to the minutes because the device is not found solution ordered by the trial court on the objection of lack material and the severance of claims, court d...

The actions of major actors in humanitarian law are jeopardized by new technologies and personal data protection. Recent developments and trends are assessed from the perspective of international humanitarian law instruments, on the one hand, and international regulations, especially European ones, on the other. The article analyzes potential international effects of the application of the General Data Protection Regulation (GDPR), adopted in t...

Information technology changed the way we relate to information as any data posted on the Internet can remain accessible indefinitely. On the one hand this ease of access undoubtedly improved the business environment, but on the other hand the fundamental right to privacy of natural persons seems to be under threat in the absence of adequate legal mechanisms that should ensure that their past will not haunt them ad vitam aeternam. Last year, t...

The individualization of natural persons is of particular importance, both legally and socially, civil law having the role of individualizing such persons. Thus, at present, a person is mainly individualized by name, domicile and civil status. The article analyzes an attribute of identifying the natural person, which until now has not been considered in the legal literature, except under administrative law. This is the personal numeric...

The article analyzes critically the decision rendered by the Panel ruling on points of law of the High Court of Cassation and Justice no. 66/2018 according to which the contracting authority invested with the re-evaluation of tenders following the legality control exercised by the National Council for Solving Complaints and/or the court has the possibility of checking all the technical elements and the financial aspects of the offer capable of ...

The unification of the civil life of the Romanian society, in continuation and to the completion of the political and State union, achieved in 1918, has a fundamental pillar the Constitution of March 29th, 1923, and the modern legislation, unified in its application; we can also take into consideration the institutions created by the same means in the newly-unified country. The fundamental law belonged to the liberal tradition, becoming nation...

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...

On 1 January 2018, Law no. 151/2015 on insolvency proceedings for natural persons came into force. The law was promoted in Parliament against the background of the social and financial crisis generated by the effects of Swiss franc contracts, in line with the increase in the ratio between the national currency and the foreign currency in which the contracts had been concluded. The entry into force of the law was postponed successively, but it...

Special guardianship, as a form of representation in a lawsuit, is a new construction in the field of civil procedural law that aims to ensure the right of the party to a fair trial and, implicitly, the right to effective defence. Representation through a special guardian is of interest both in theoretical and practical terms, as it implies a series of rules whose non-observance can have procedural consequences and may lead to the nullity of t...