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. It inten...

The regulation in the Civil Procedure Code regarding the solution that the court can pronounce in case of review for contrary decisions was modified by Law no. 310/2018 in order to harmonize it with art. 509(1)(8) of the Civil Procedure Code which refers to res judicata, without distinguishing between its negative and its positive effect. ...

The enforcement in time of the civil procedural provisions modified by Law no. 310/2018 entails the need to rigorously identify the rules that circumscribe the paradigm in which one determines, on the one hand, the scope of the processes to which these changes are applicable, and, on the other hand, the moment from which their effects occur. Moreover, in relation to the content and nature of these changes, the question of the enforceme...

At the end of the year (2008) and at this anniversary moment (the centenary year) the new Civil Procedure Code was completed and amended. This material aims to bring to attention three of the completions operated by the legislator by Law no. 310/2018; without limiting to answering the three questions in the title addressed to the reader which may produce different moods, this paper seeks to identify and provide a well-grounded solution to the d...

This paper circumscribes to its scientific objective the analysis of the provisions of the Civil Code on the remedy of the damage caused by the violation of non-patrimonial rights. The critical approach of art. 1391 and other legal texts related to the studied issue (we refer, inter alia, to art. 58, art. 64, art. 252-256 or art. 1387-1389 of the Civil Code) enabled us to identify the potential limits of the civil regulation related to the in...

Few months after the enforcement of what may be called the most renowned Regulation of the European Union, an analysis of the positioning of the subjects of the General Data Protection Regulation proves to be necessary, in order to debunk some myths issued by the lack of knowledge of its contents. The study concerns not only its most important subjects – the controller and the processor – but also the involved institutions and authorities, the ...

Recently, the Court of Justice of the European Union has shaped the guidelines that a judicial authority issuing a European Arrest Warrant has to respect. CJEU analyzed on this occasion, the link between the executive power and prosecutors responsible the criminal investigation, the judges concluding that the abstract prerogative of a minister to influence a criminal investigation, even if not actually exercised, creates a doubt about the res...

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...

Data protection in Romania can be made in accordance with the status of the controller, meaning either public authority/body or private entity. Operators that are public authorities or bodies have specific rights and obligation, which sometimes are different from those of private entities. The national data protection authority shall have precise tasks with regard to public entities. All these provisions are laid down in national legis...

Public judicial assistance in civil matters is a support mechanism granted by the state to natural persons who are or will be party to litigation in Romanian courts or other Romanian authorities with jurisdictional powers as a means to enable all litigants to have effective access to justice. The legislature intended to regulate the institution of public judicial assistance in civil matters as a genuine form of state assistance to ensur...