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 manner...

The criminal trial represents the activity through which the facts that constitute crimes are ascertained in a timely and concrete manner, thus making it possible to establish the criminal liability of the guilty person on a procedural path that includes the criminal investigation, the preliminary chamber, the trial and the execution of the criminal court decisions. Each procedural stage regulates a distinct phase of examining or solving the p...

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...

In the context of last year’s amendments to Law 85/2014 on Insolvency and Insolvency Prevention Proceedings and Other Legislation („Insolvency Law”), inter alia, new instruments have been introduced providing companies in financial distress but viable with the opportunity to have access to effective preventive restructuring frameworks that enable them to operate in full or in part via measures such as adjusting the business, the asset and liab...

The court’s disposition to return the forced execution, following the abolition of the enforceable title or the enforcement itself, leads to the creation of a new paradigm, in which the creditor of the forced execution, whose patrimony has increased, becomes the debtor of the obligation of restitution, to the debtor of the forced execution, who becomes – in turn – the creditor of the restitution obligation. The natural consequence o...

The Criminal Procedure Code explicitly provides only for damages in case of miscarriage of justice and in the case of illegal deprivation of liberty. The judicial error is limited to the situations in which, after the final conviction, the case was re-judged and an acquittal was pronounced. No explicit reference is made to the situations in which the criminal action was initiated ex officio and successive acquittals or other non-prosecution so...

The public procurement complaint involves a financial effort for the person resorting to this administrative-jurisdictional procedural institution, the admissibility of the complaint being conditioned, first of all, by the proof of a guarantee whose amount is customized by the estimated value of the contract subject to the award procedure. In the absence of proof of the guarantee, within the term imposed by the delegated legislator, the compl...

The 21 October 2021 ruling of the Court of Justice of the European Union in case ZX (C-282/20) has generated a series of debates on the concrete way in which the Romanian courts must proceed in order to comply with the rulings of the European court. In this article, we will give an overview of what the Court of Justice of the European Union has ruled on, with an emphasis on the important issues for our arguments (A), with further refere...

Without being ignored in any way by the national legislator, the situation of the minor victim has been substantially improved in terms of the procedural rights regulated in the new criminal procedural legislation. Although there were specific provisions for the protection of this vulnerable category of persons in the previous regulation, the new legislation also took into account the established jurisprudence of the European Court of Human Ri...

The article aims to clarify the controversy over whether extrajudicial forensic expertise represents evidence or not. The beginning of the article deals with some general considerations on the notion of expertise, when and by whom it is ordered, and who can carry out the forensic expertise. Then the results of a comparative study on the regulation of the expertise in criminal and civil law are presented, while demonstrating that...