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...

The overflowing phenomenon of the regulation of children’s rights and freedoms reflects the responsible, constant and amplified concern of the international, European and national community for the diversification of regulations in the matter and the creation of effective tools for their operationalization. I did not propose an exhaustive inventory and a systematic analysis of the regulations in the field. On the contrary, my approach ...

The study analyzes the notions of separate opinion and concurring opinion and how the current legislation regulates them. The author proposes, de lege ferenda, the express recognition of the opinions that the judge adds to the decision in order to dissociate himself/herself from certain inappropriate expressions to which the majority resorted. ...

The propose of this paper is to analyse how the new technology and Internet influence the role of the state in the new digital world architecture. Highlighting the need to protect the individual and his rights in the new configuration of a society based on connectivity and unlimited access to information, this paper presents the necessity of a new regulation for the Internet governance, that goes beyond the soft-law area and offers effective p...

International investment in services using public communications networks or the Internet as a means of delivery is undergoing a stage of analysis and reform to better match the positive and constructive balance between respect for human rights and national security requirements. and communications (ICT) have developed rapidly on the same wave of digitalization. States invest and/or receive investment in ICT to support their growth and develop...

The article analyzes the situation of the entry into force of Law no. 173/2022 for the adoption of measures necessary for the implementation of Protocol no. 16 to the Convention on the Protection of Human Rights and Fundamental Freedoms, adopted in Strasbourg on 2 October 2013 and signed by Romania in Strasbourg on 14 October 2014, in the context in which art. 8 of the Protocol indicates a date that can be determined according to certain criter...

The representation of the interests of employees within the framework of legal employment relations also has a correspondent in the field of organized special relations, in connection with the provision of work, at the level of state authorities, respectively for the labour relations of different categories of civil servants, with general statutes or with special statutes or with specific functions. This concept is adapted to the specifics of ...