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The paper examines the management of public and private assets within regional administrative units both theoretically, listing the relevant legal regulations, and practically, by describing a specific administrative procedure. The article highlights that while the Constitution and Civil Code of Romania only mention the management of public assets within regional administrative units, the Administrative Code also provides regulations for the management of private assets within these units. As a result, before the publication of the Administrative Code, it was suggested in the literature that the right of management, which is an exclusive real right derived solely from public ownership, should be reinterpreted to also apply to private property, but only in cases where the right of private ownership is considered as part of public law, exclusively belonging to the state or a regional administrative unit. Furthermore, the paper also discusses the question of whether, although the administrative document ordering the management is a unilateral administrative act, the management itself requires the signing of a contract between the owner and the manager. This question is answered by an administrative lawsuit, which the author describes in detail. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Journal of Comparative Law / Revista Romana de Drept Comparat 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.)

In the era of globalization and interconnectedness, international transactions and commercial relationships have become increasingly common. However, when it comes to property and real rights, conflicting rules often arise between different jurisdictions. The conflict rules regarding property and real rights in Romania are primarily governed by the provisions of the Romanian Civil Code. These rules determine the applicable law and jurisdiction in cases involving property and real rights with foreign elements. This article will focus on conflicting rules regarding property and real rights and will explore solutions to overcome these international legal divergences. [ABSTRACT FROM AUTHOR]

The present article focuses on drawing up the definition of "public policy" in respect of claims for annulment of arbitral awards. Public policy in this case is defined by certain nuances, which have been further developed by national and international case law. The purpose of the analysis is to provide a comprehensive presentation of this concept, through a comparative analysis, both in relation with the concept of public policy as outlined by the Civil Code, as well as in relation with the national and international doctrine and case law. [ABSTRACT FROM AUTHOR]

Article 2.612 of the Civil Code provides: "The law applicable to the maintenance obligation shall be determined in accordance with the rules of European Union law." The law governing the maintenance obligation is found in the European regulations (European Commission, 2008). Romania has concluded Conventions (e.g. the Convention between Romania and the Kingdom of Belgium on the recognition and enforcement of judgments in matters relating to maintenance obligations) and Legal Assistance Treaties (Government of Romania, 1999; International Act, 1995; Parliament of Romania, 1995; 1997). The legal framework for the application in Romania of European Union regulations and various instruments of private international law in the field of maintenance obligations is Law No 36/2012 on certain measures necessary for the implementation of certain regulations and decisions of the Council of the European Union (2009) and instruments of private international law in the field of maintenance obligations (Parliament of Romania, 2012). Among the European regulations in this field, we have proposed to dedicate our study to the Hague Protocol of 23 November 2007 on the law applicable to maintenance obligations. The Protocol comprises two categories of rules which differ in the nature of the point of connection: - The first category is made up of rules which provide an objective location of the obligatory relationship (Art. 3 - Art. 6); - The second category consists of rules whose point of connection is the will of the parties (Art. 7 to Art. 8). This article is devoted to the presentation of the law applicable to maintenance obligations in the case of conflicting rules whose point of connection is the will of the parties as provided for in Articles 7 and 8 of the Hague Protocol of 23 November 2007 on the law applicable to maintenance obligations. [ABSTRACT FROM AUTHOR]

Legal arrangements pertaining to neighbours' relationships are permeated by the idea of community. A textbook example is the right-of-way, which arguably breaches the sacred inviolability of private property in its quest to provide adequate access to the public road for a landlocked parcel. The present paper examines the manner in which the Civil Code of Romania (2009) managed to bridge the unbridgeable, i.e., the individualist essence of private property and the collectivist flavour of neighbours' relationships. Methodologically, this article debuts with a brief historical and comparative study of the right-of-way from the viewpoint of related legislations (i.e., the French Civil Code and the Civil Code of Quebec), it examines the terminology employed by the legislator and analyses the legal regime of said institution. The author argues that the cornerstone of this fine balance is the legal nature of the right -of-way: in denying it the stature of a real right (ius in re), the legislator established this sui generis right as a legal limit to the exercise of private property. Consequently, the right-of-way is solely a creation of the law, whereas only its manner of exercise can be settled by way of contract, continuous usage or court decision. Therefore, the author stresses the semantical inconsistency encountered within legal literature, which confuses the very origin of the right -of-way, which is inherently legal in its nature, with the concrete manner of usage, which the legislator left to the will of the contracting parties or the judge summoned in the event of litigation, respectively. In addition, the author argues that a land book entry may cover the right -of-way only in the form of a notation, and not as a compulsory registration, either permanent (intabulation) or provisional, since the latter two solely concern tabular rights, which solely consist of real rights on real estate. [ABSTRACT FROM AUTHOR]

By the Constitutional Court Decision no. 601 of 16 July 2020 on the exception of unconstitutionality of the provisions of article 164, paragraph 1 of the Civil Code was admitted the exception of unconstitutionality and it was found that these legal provisions are unconstitutional. Considering the obligation of the legislator to agree the provisions found to be unconstitutional with the Constitutional Court Decision no. 601/2020 and with the provisions of the Constitution of Romania, Law no. 140/2022 on some measures ofprotection for persons with intellectual and psychosocial disabilities and amending and supplementing some normative acts was adopted. The present study aims to analyze how the former institution of the prohibition of the natural person has been reconfigured in the normative act to come into force on August 18, 2022, compared to the regulation of the institution of the prohibition. [ABSTRACT FROM AUTHOR]

As a complex, both political and juridical, personality of the interwar period, Nicolae Titulescu (1882-1941) was remembered by his peers especially by his diplomatic activity (as Romania's minister of external affairs and its representative at the Society of Nations) and by promoting the values of international law. Apparently "shadowed", his work and papers on civil law complete and characterize the formative and professional basis, the academic presence, and his office as a barrister. Titulescu's juridical profile is thus revealed in its multitude and as essential in his public activity, thus under a strong influence. The general conception on law and its application in civil law stands out as Titulescu's scientific contribution. "Read" in the terms and valued according to the priorities of each era, it stands of great actuality, as a chance of "reinventing" Romanian juridical science. Joining the new orientation towards the end of the 19th century and the beginning of the 20th of abandoning the exegetic school in favor of the perspective of economic, social, and psychological conditioning of the legal phenomenon, Titulescu promoted the thesis of law as a social science, thus offering the prospects for the development of a "Romanian law", in the sense of a creative adaptation of the imported regulation (specific to modernity), and stimulating the creation of a normativity exposed to the needs of the society, with a corresponding case law and jurisprudence. As a jurisprudent, Titulescu offered "a study of the civil law, and not of the civil code," alternating the critical (economic and social) research with the legal debate and analysis. To him, interpreting the law was not exclusively a search for the view of the lawmaker, but not as much abandoning the written law in the name of equity; it was, most likely, adapting the law to social needs. Last but not least, by valuing this heritage, the direction to be followed by the post-1989 Romanian legal thought became now a rediscovery of the science of law as an intellectual effort, having its origins in the "spirit of the people" (Savigny), by which the Romanian society reveals itself to the jurist as "principle of our law" (M. Djuvara), and its purpose in the configuration of Romanian law as a system of legal institutions created by transposing the realities of social life into the technical language of legal categories. [ABSTRACT FROM AUTHOR]

Having its origins in the Roman law and benefiting from an increased academic attention and political agenda focus in most Western countries, the agricultural tenancy contract and legislation altogether have a rather unpopular image and virtually no identity in Romania. While countries in Western Europe, along with the EU legislation, acknowledge the benefits of agricultural tenancies for the economy, in general, our country's legislation is less supportive of tenants and tends to associate this practice with property rental. However, agricultural leases have a significant importance, with irreplaceable contributions for the ecologic agriculture and the rural economy. The present study aims at delineating the evolution of the legal framework around agricultural tenancies so as to provide potential improvements to the current legislation. Precisely, law no. 16 of 1994 (repealed), law no. 223 of 2006 completing law no. 16 of 1994 (repealed) and the provisions of the current Civil Code on agricultural leases are the subject of this analytical undertaking. The paper ends with a SWOT analysis of the Romanian legislation in regards to agricultural lease contracts. [ABSTRACT FROM AUTHOR]

The article aims to study the provisions concerning the law applicable to divorce according to art. 2597 and art 2600 of the Romanian Civil Code (2011e, 2011f). The article aims to answer the following questions: 1. What is the law applicable to divorce by choice of law agreement? 2. What is the law applicable to divorce in the absence of a choice of law agreement? 3. What does recognition of divorce by unilateral termination entail? 4. What is the scope of divorce law? [ABSTRACT FROM AUTHOR]

Copyright of Pandectele Române 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 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 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 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.)

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 relations between Romania, France and Germany had developed almost concomitantly during modern time. They manifested in the field of culture, international and constitutional law, economy, trade and in the organisation of the military area. A. I. Cuza started the process of modernization in the Danube Principalities following the French model (e.g. the Civil Code, the electoral system; the constitutional regime). After Cuza was removed from power, the new Prince Carol ratified the Romanian Constitution which took as reference the 1831 Belgian Constitution. Under Carol I. Romania was modernized and, despite many scandals, the infrastructure of the country had significantly improved. Carol introduced the Prussian military system in Romania and lead the Romanian Army in a successful war against the Ottoman Empire (1877-78). After the Congress of Berlin Romania was established as an independent Kingdom. Romania secretly joined the Triple Alliance in 1883. In 1914 the Francophile elites of Romania voted for neutrality in the Great War even if this official stand was strongly against the expressed will of the King Carol I. In 1916 Romania joined the Entente in its war against the Central Powers, being driven in the war by ideological reasons, namely, the accomplishment of the national project of Great Romania. Soon, Romania was defeated and had to accept the Treaty of Bucharest from 1918. The Romanian parliamentary bodies ratified it, but King Ferdinand refused to sign it. Thus, Romania could re-join the Entente and the Greater Romania came into existence, its borders being internationally ratified by the Treaty of Trianon. The new constitution from 1923 did not fulfil the regional demands included in late 1918 and early 1919 resolutions. In the interwar period Romania participated in the Little Entente and showed receptive to the strong French influence in state, politics, economy and society matters. As a result of the great Depression of 1929/33 the Romanian-German relations improved politically and economically. The Romanian Constitution from 1938 did not substantially differ from the 1866 one, especially as far as the idea of the central state was concerned, hence, modern Romania remaining still a strongly centralized state. [ABSTRACT FROM AUTHOR]

Copyright of Bucharest University Annals - Law Series is the property of CH Beck 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 Bucharest University Annals - Law Series is the property of CH Beck 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 Comparative Law / Revista Romana de Drept Comparat 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.)

In contentious matters, when the conditions impose it, the judge will put in discussion of the parties the necessity of introducing other persons in the procedure; if neither party requests the introduction of the third party in question, and the judge considers that the case cannot be heard without the participation of the third party, he will dismiss the claim, without ruling on the merits. The legal text imposes two conditions for hearing the case without ruling on the merits: neither party to request the introduction of the third party and the judge to appreciate that the case cannot be heard without the participation of the third party. The text does not state whether the necessity of fulfillment of the second condition must be brought to the attention of the parties before or after the judgement is delivered (by the decision rejecting the application itself). However, the interpretation of the legal text leads to the conclusion that the first one is the solution considered by the legislator. [ABSTRACT FROM AUTHOR]

We conducted from October 2011 up to November 2016 a research on the evolution of the family concept and its influence on the legal succession order in Romania. Our scope was to provide an in depth analysis of the complex social, historical, philosophical and religious factors who worked together in modern and post-modern Romanian civil law history, in order to evaluate the answer given by the recently enacted civil code of 2011. The paper hereby can give an idea on the conclusions we drawn at the end of our work. It argues mainly if the new provisions are covering all the aspects drawn into practice by the family - in its traditional and recent presentations. We focus on the successive versions of the civil code's Book dedicated to the Law of successions, part of them being authored by ourselves. We take into account the recent evolutions in the Family law and in the Law of successions of several European and non-European countries, with a special accent on France and the Canadian province of Québec - who deeply influenced the former and the present Romanian civil codification. The research ends with a set of conclusions leading to de lege ferenda propositions, meant to improve the actual state of the new Romanian civil code on the emphasized subject. They are meant to satisfy the specific needs of the present day Romanian society and to keep in touch with the tendencies we drawn out of the experience of comparative law of successions. [ABSTRACT FROM AUTHOR]

The subject's approach is required also because, once adopted the New Civil Code, it acquired a new juridical frame, but also a new perspective. A common law creditor who does not obtain the direct execution of his obligation is entitled to be compensated for the damage caused by the non-execution with an amount of money which is equivalent to the benefit that the exact, total, and duly execution of the obligation would have brought the creditor. [ABSTRACT FROM AUTHOR]

The phrase direct action is the product of case law. If in the old Romanian Civil Code of 1864 there was no article of law to make reference to this expression, but only two derogations in articles 1488 and 1798 pointed out, the new Romanian Civil Code - entered into force on 1 October 2011 and considered one of the significant milestones of the legislative reform unparalleled in Romania's juridical history of the past twenty-five years, after the fall of communism - allots the notion two articles - no. 1856 and 2023 and, moreover, article 1807 stipulates the actions that may be taken against a subtenant. Apart from the fact that the concept is defined according to the old Romanian Civil Code, with some references to the old Romanian Civil Code, and compared with other countries' way of considering the institution of direct action, the paper approaches a case of its practical application allowed by Romanian law - direct action in the matter of contractor agreement. [ABSTRACT FROM AUTHOR]

The plan of social relations developed in the family has experienced a major transformation in recent years. Legislative changes have occurred in two ways: once in the enactment of a special nature that govern the protection and promotion of children's rights (law no. 272/2004 modify with law no. 257/2013) and in the second plan following the adoption of the new Civil Code in 2011. The motivation by reconfiguration the provisions of law no. 272/2004 content is represented by findings made in practice. Those generated many controversies about what exactly authorities must intervene in certain limited circumstances where there is a minor. The Civil Code was elaborated because was wanted an approximation to the exprimation used and the principles learned due to the new legal reality determined by the current political system and by the Romania's E.U. accession. In this new conception family relations are embedded in the new Civil Code, repealeded with the old Civil Code and Family Code. A number of issues such as determining the contact with the minor, establish the living place of the minor, exercise of parental authority, forfeiture of parental rights, establishing an order of preference at the time of disposition of the juvenile special protection measures were contained in both intertwined mentions regulations that have been made above speech. The ratio between the two categories of rules, namely general - particular is not observed in its entirety when are analyzed these texts. The support to children considered the main beneficiary of this provision will become effective with the revision of these inconsistencies. [ABSTRACT FROM AUTHOR]

This article examines the significance of the bona fide concept as a particularly complex notion and timely constant on both European regulation level and the national level, both in the Constitution of Romania and in the new Romanian Civil Code. The study hereby describes the way the new Romanian Civil Code comprehends to provide an express regulation of the bona fide principle, as a novelty and great interest for the Romanian civil law, this analysis aiming to be an opening study that would lead to new guidelines. [ABSTRACT FROM AUTHOR]

Copyright of Pandectele Române 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 current paper focuses on a critical analysis of the legal connotations of discernment. Our Civil Code has made a step forward towards embracing this non-legal (i.e., psychological) concept, by explicitly mentioning it throughout its articles. We offer a critical review of these articles, in order to create a general contemporary image of how discernment is defined and understood by the Romanian legislator. Also, we explore which are the main legal consequences associated with this concept. Historically, indirect references to the concept of discernment date back to the Roman period. They can also be found in the old Romanian laws and classical Romanian doctrine. In a historical analysis on this matter we identify the terminological precursors of discernment, as well as the original account of the disputed doctrinary term of "natural incompetence". The final section of the article encompasses a critical overview of the existing doctrine related to discernment. We highlight the importance of fully understanding this concept, as it is embedded in the structure of three fundamental legal concepts: civil competence, consent and delictual responsibility. [ABSTRACT FROM AUTHOR]

Copyright of Studia Universitatis Babes-Bolyai, Iurisprudentia is the property of Babes-Bolyai University, Cluj-Napoca, 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 introduction of the Romanian Civil Code in 2011 represented for the entire socioeconomic reality in Romania a major change of the landmarks the Romanian legal system was built upon, was consolidated on and developed from. Changes in family relationships were substantial, new concepts being introduced, the existing ones adapting to the new dynamics of personal lives. A series of specific notions were introduced aiming at changing certain institutions (in the field of the matrimonial regime) or several factual situations that had not previously been acknowledged legally found now legislative recognition (the engagement). It should be noted that there were considered the international conventions to which Romania is part, and the European standards in the field, as well. The labor force migration towards the foreign markets, the insecurity of work place in the European countries have 'elasticized' the traditional Romanian family, have led to a gap in the formerly constant physical connection between the family members, have made the authorities face the problems of responsibility for the children left in the country by the parents who had gone abroad. To bring up the children left by their parents has thus become a 'duty' of grandparents, aunts, uncles, and friends of the family or neighbors. If the psychical traumas of these children cannot yet be quantified, the legislative problems they raised have now started to be regulated by the authorities. [ABSTRACT FROM AUTHOR]

In the article the need to adapt the arbitration in Romania to the requirements deriving from the status of Romania as a Member State of the EU was presented. The modifications brought to this institution were presented, especially the novelty elements related to the juridical nature of the arbitration. Also the difference between the arbitration and other alternative dispute resolution means have been noted, especially by report to mediation, conciliation and settlement. Such a novelty element exists even from the definition of the arbitration of art. 533 par. 1 of the Civil procedural Code which states that the arbitration represents an "alternative jurisdiction with a private character". A symmetry between art. 533 of the New civil procedural code and art. 169 of the Civil Code is noted. The mixt nature is of the essence of the arbitration and has been rightfully regulated by the lawmaker in the civil procedural provisions. In art. 534 par. 1 of the Civil procedural code the object of the arbitration is presented, the new regulation being characterized by a higher degree of precision. In the article novelty elements related to the parties of the arbitration were also presented. With respect to the arbitral agreement, its legal regime is governed, both by the provisions of the new Civil Code and of the New Civil procedural code by the articles 1179 of the Civil Code and 540 of the Civil Procedural Code. In art. 541 of the Civil procedural Code the law maker provided the assumption of the arbitral agreement, when the claimant files an arbitration claim and the respondent does not raise objections at the first hearing for which he was legally summoned. The arbitral convention can only be concluded in writing under the sanction of nullity (art. 343 of the Civil procedural code). As a conclusion an evolution was noted with respect to the regulation of the arbitration as a dynamic domain with an increasing importance at the international level, in the Civil code and the Civil Procedural code, and it remains that through the efficient application of the codes and the direct involvement of the state in the economical life to increase the foreign investments and the public-private partnerships. [ABSTRACT FROM AUTHOR]

The author conducts a thorough analysis of the legal content regarding the crime of misappropriation of public tenders provided by art. 246 of the new Criminal Code, incrimination ex novo. With reference to the structure of this infringement, the object of criminal protection, the subjects, the objective and subjective aspect, the forms, modalities and sanctions provided by the law are examined in detail. Within the complementary explanations, the connections of the misappropriation of public tenders with other crimes and some procedural aspects are tackled with. Further, the legislative antecedents of this incrimination regulation, the solutions to be followed in case of occurrence of temporary situations and some elements of comparative law are presented. The author does not hesitate to express his opinion as regards the constitutional content of this criminal deed, its systematization and nature and to advance some of his own solutions and ideas related to this aspect. Towards the ending of this analysis several conclusions and proposals de lege ferenda are presented in order to determine an appropriate protection of the values and social relations concerned by this incrimination, an unitary enforcement of the text and implicitly a better performance of the criminal justice within Romania. [ABSTRACT FROM AUTHOR]

Law protects values considered of the greatest importance for the society. Legal norms are the only ones that may be enforced, as disobeying the legal norms is punished by the state with different sanctions. The heaviest sanctions, criminal sanctions, punish the conducts that breach norms protecting the most important values. The new Civil Code of Romania, Law No. 287/2009, contains dispositions regarding values traditionally protected in our legislation by norms belonging to criminal law, such as life, health, integrity of the natural person, human dignity. In 2009 the new Criminal Code was also adopted with the Law No. 286/2009, but it has not yet entered into force. The new Criminal Code does not mention human dignity as a value that is protected in itself, but in connection with other values. Also, contrary to the opinion of the Constitutional Court of Romania, left out insult and defamation as criminal offences, considering that the right to honour and reputation are sufficiently protected by the civil law. No criminal offences regarding organs harvesting are mentioned in the Criminal Code, such provisions were left into a special law, No. ....... The new Civil Code also regulates organs transplant from living or deceased persons and in this area the dispositions from different normative acts overlap. The article aims to present values now protected by both civil and criminal legislation and the specific methods of protection in each branch of the law. [ABSTRACT FROM AUTHOR]

The Longevity of the Roman Civil Code from 1864, and the long duration of cohabitation with the Commercial Code of 1887 puts into question the issue of rapid enforcing of the New Civil Code! Therefore it is extremely important to compare the current drafting legal texts regarding companies in the New Civil Code, with the legal provisions contained in the Law 31/199o! Because the New Civil Code is put into practice recently, the present study relies solely on examination of the doctrine in this area. The results of the research have as targets the researchers and teachers from the faculties of law: the study is original due to the fact that the old Civil Code is compared with the new Civil code. The present study is exceeding this image, trying to create a new perspective and a more complete analysis! [ABSTRACT FROM AUTHOR]

The insurance contract is an important factor of the present economic life. It has been regulated until now by many laws, in order to establish certain rules to govern this important area, such as the insurance market, which is continuously changing. The new Romanian Civil Code regulates this subject for the first time, including many rules, which currently were regulated only by laws. [ABSTRACT FROM AUTHOR]

When analyzing the right to property and its restrictions, an important component is represented by the historical and, later, the political one. In time, the political thought makes a mark on the understanding and concretization of the right to property. [ABSTRACT FROM AUTHOR]

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.)