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Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The privileged allocation clause is a legal document signed by spouses or future spouses, comprised in the content of a marriage agreement, regarding the possibility that, in the event of the death of one of them, the surviving spouse take one or more of the common property held in condominium or under common ownership, before the partition of the inheritance and without the obligation to pay their equivalent value. Unlike the French Civil Code which, in art. 1516 expressly provides that this clause is not a donation but a "matrimonial agreement between members", or the Belgian Civil Code which also expressly provides that the privileged allocation clause is not considered a donation, but a matrimonial convention, the Romanian legislature failed to make this statement, leaving it to the doctrine to determine the legal nature of the privileged allocation clause, with all the consequences arising from it. In addressing the issue, the fact that it is a gratuitous act concluded between the living but with mortis causa effects, regulating the property relations between spouses, the doctrine raised the question: is the privileged allocation clause a liberality or not? Finding a clear and concise answer concerns not only from the doctrine point of view, not being only a matter of scientific research, but it is important in practice, depending on the legal nature of the clause, a number of legal institutions with different legal effects being incident. [ABSTRACT FROM AUTHOR]

In negotiated contracts where parties have established clauses by mutual agreement so-called "abusive clauses" may exist. The abusive character of such clauses may be invoked in negotiated contracts on the ground that one party is always stronger than the other. The penal clause in negotiated contracts may be considered abusive if penalties are excessively high in relation to the extent of the damage or with regard to the value of the delivery. This study examines abusive clauses and abusive penal clauses in exclusive distribution contracts, in leasing contracts and in administrative contracts. [ABSTRACT FROM AUTHOR]

The penal clause gives the advantage of leaving to the parties, and not to the law court, to fix the amount representing compensation for the damage incurred, this way the parties being informed, from the time of conclusion of contract, on what and how much the costs would be if they fail to fulfil the obligations assumed, being, from this point of view, a mechanism not only of defense against the consequences of a damaging non-performance, but also of constraint, both legal and moral, not allowing the parties to hope that, maybe, they will not pay or will pay much less for „breaking“ the contract. This study examines the functions of the penal clause, namely the function of guarantee of performance of obligations, the function of mobilization of the debtor to perform its obligations, the sanctioning function and the compensatory function. At the same time, the study analyzes the consensual, incidental, sanctioning and reparative nature of the penal clause, as well as the legal nature of this type of clause. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Journal of Compulsory Execution / Revista Română de Executare Silită is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This study aims to analyze certain particular problems in the execution of the legal employment relationships, namely the work performed without the conclusion of an individual employment agreement and the noncompliance between the contractual clauses and the manner (in fact) of the execution of the contractual rights and obligations. These cases were grouped under the denomination of work wholly or partially dissimulated. After identifying the situations leading to the dissimulated work, the analysis of the causes that determine it and of the effects that it generates, any proposals are formulated for the purpose of increasing the penalties against those who hide the real way of the execution of the work. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The new Romanian Civil Code (Law no. 287/2009, republished) contains a new concept, namely the sanction of clauses deemed unwritten, which are incident to all areas covered by the Civil Code. In this study, the author makes a comprehensive analysis of this new concept, concluding that we are faced with an autonomous sanction. Although it has an autonomous nature, with regard to its legal system, the author believes that this autonomous sanction is, by analogy, subject to the rules for invalidity. [ABSTRACT FROM AUTHOR]

The above entitled study concerns the analysis of the Romanian Civil Code current provisions relating to the "Preciput Clause"; the said provisions are inspired mainly from the corresponding regulations of the 1804 French Civil Code. Specifically, it examined the Preciput Clause in terms of its legal nature, beneficiaries, objectives and execution hereof. Also, existence of improvable aspects in regulating this Romanian legal system unique legal institution has been reported and, consequently, certain de lege ferenda proposals were grounded. [ABSTRACT FROM AUTHOR]

Copyright of Revista Româna de Dreptul Muncii is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Română de Drept al Afacerilor is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The new Civil Code contains a more detailed regulation of the legal regime of the invalidity of the contract. Alongside with the classical partial invalidity of the contract, the new Civil Code refers in many instances to clauses deemed unwritten. The lack of a precise regulation of the regime of these clauses opens the possibility for several qualifications, from a simple form of invalidity to a distinctive institution. The present paper has the purpose to offer, based on the analysis of the legal texts and settled juridical situations, functional solutions to the legal regime of the clauses deemed unwritten as well as to certain particular aspects of the legal regime of the invalidity. [ABSTRACT FROM AUTHOR]

Currently, the law governing the criminal clause institution are laid down in Articles 1538 to 1543 of the new Civil Code. What holds the special interest of the legal literature, and, in particular, that of practitioners, is the court's possibility to reduce the criminal clause where the principal obligation has been executed by the debtor (creditor's advantage) and where the penalty is clearly excessive in relation to the damage that could have been set out by the parties upon the contract conclusion. This study presents the legal, doctrinal and jurisprudential evolution of criminal clause reducibility. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The new Civil Code, unlike the old Code, includes a quasi-complete provision on the invalidity of the contract based on the fundamental distinction between absolute invalidity and relative invalidity. Invalidity - either absolute or relative - can be both complete and partial. Regardless of its form or the way it is established or in which it operates, partial invalidity may appear either as an explicit invalidity, therefore, in the form of clauses declared null or voidable or, more recently, either in the form of clauses deemed unwritten, or as tacit invalidity (obviously partial). In terms of terminology, the phrase or formula "clauses deemed unwritten" is an easy, therefore practical way to designate certain ancillary unlawful clauses which are automatically void. Ratione temporis, partial invalidity, regardless of its form, is and shall remain subject to the law in force at the date of conclusion of the contract and not to the law in force at the date the invalidity was determined or that when the contract was cancelled and neither subject to the law in force at the date the parties are reinstated to the previous status. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)