The contract is the law of the parties. Thus, validly concluded, the contract has the force of law for the parties and therefore, in principle, cannot be terminated by the will of a certain party. The termination of the contract by unilateral termination is, however, one of the ways to terminate it, provided by the Civil Code. The paper proposes a brief analysis to answer the question: is unilateral termination a rule or is it an...

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, according...

The year 2020 was an important one for data protection and cybersecurity, first of all as a result of the intervention of the SARS-CoV-2 coronavirus pandemic, a context that made it difficult for authorities, data controllers, data subjects, but also boosted the use of the Internet. Using applications increases the risk of data security breaches. The authors propose a useful radiograph to practitioners, but also to the genera...

The article discusses the possibility for the third party to recover his own legal costs from the losing party, in the case of admissible accessory requests for voluntary intervention. The author notes that in practice this problem has been solved differently, a reason for which he argues in favour of the need to bring an appeal in the interest of the law to the High Court of Cassation and Justice, in order to ensure the correct and consistent...

The purpose of this paper is to analyze the crime of non-compliance with court decisions, on the one hand from the perspective of the requirements of the right to a fair trial that the suspect or defendant should benefit from, and on the other hand from the perspective of the legal consequences produced by the legislative construction represented by the provisions of art. 297 of the Criminal Code, as its objective side was reconfigured in term...

The right of preemption in the sale of a good is, as a rule, regulated by law. The main issue of theoretical and practical interest, which is limited to the institution of the right of preemption, is its exercise by its holders. The exercise of the right of preemption in the sale of a good is regulated differently in the provisions of the Civil Code, compared to those contained in the special laws. In the above context, th...

The income situation of employees paid from public funds has been a thorny issue since 2004. The law on the status of civil servants at that time enshrined the right to two salary components, which the legislator later suspended. Ruling on this suspension, the Constitutional Court of Romania has shown that, at the expiration of the suspension period, the normative act or the provision affected by the suspension re-enters into force. They also ...

The procedure for amending the Constitution is extremely difficult, almost impossible in the current social and political context. The essence of a constitution is its stability over time because only in this way can ensure the stability of the entire normative system of a state, certainty and predictability. the conduct of legal subjects but also to ensure the legal, political and economic stability of the social system as a whole. The ...

This study reveals two issues: a perspective on the common legislation of Romanian private international law after 1989 and the constitutional base of Romanian private international law, by reference to the Romanian Constitution of 1991. The original idea of the study is that it shows a new conception of relevant constitutional terms in respect of the alien and the citizen, from a perspective of private international law. ...

Using the author’s own experience throughout twenty of the thirty years of post-1989 Romanian legislation, this article analyses the ways in which those entitled to initiate draft normative acts, learn to do so by drafting and substantiating them, so that, after their entry into force, they can achieve their initial purpose. The examples used, highlight the not only the multitude and unpredictability of the rules, which lead to legal uncertai...