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...

The article analyzes the conditions imposed by Law no. 273/2004 on the legal regime and procedure of adoption, in the case of internal adoption. In this context, de lege ferenda proposals are made for the abolition of excessive formalism, rigid and outdated conditions, long time limits, which are likely to remove the effects for which the law was created. The author insists on the urgent need of fundamental social importance for the “re...

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. ...