According to the explanatory memorandum, by adopting a new Civil Code the intention was to introduce the regulatory monistic conception of the relations in private law in one code. Therefore the legislator declares that it incorporated "all" regulations regarding persons, family relations and...

According to the explanatory memorandum, by adopting a new Civil Code the intention was to introduce the regulatory monistic conception of the relations in private law in one code. Therefore the legislator declares that it incorporated "all" regulations regarding persons, family relations and...

Being receptive to doctrinaire advocacies prior to October 1st 2011 and taking into consideration the social and economical realities of the last decades, the Romanian legislator, in art. 1541 of the civil Code gives the court the power to reduce the evidently excessive penalty clause in...

The possibility of a husband to participate with common goods in a company and especially the legal status of the parties of interest, the shares acquired as consideration for this contribution have been the subject of doctrinal controversy and a source of non-unitary judicial practice. The...

The new Civil Code outlines the Romanian legislator’s intention to bring together civil and commercial law under the regulation of a single act, in one branch of private law. On the other hand in the new corpus of private law we are able to find legal provisions applicable only to...

Lately, Romanian courts had to face a large number of causes in which National Agency for the Protection of the Consumers and/or the consumers requested the lack of effects of the abuses clauses included in the agreements of bank credits entered into between consumers and professionals. Although...

For a rigorous Civil Code, definition of fundamental concepts is necessary as the basis of a unique private law. This study aims to analyze the manner in which one of the key concepts for structuring private law relations – namely the professional – was enshrined in the current Civil Code....

A contract requires the parties desire and willingness to acquire exactly what they deserve and exactly fulfill the obligations which they have assumed. When this goal is not achieved, the creditor has on hand various means including enforcement actions in nature. The object of this article will...

If in other institutions the reforming factor of the New Civil Code is doubtable in the matter of contract interest-damage the new body of private law has a totally new vision, reordering from the base the entire judicial regime and revealing the intentions of the present romanian law-maker to...

The entry into force of the new Civil Code1 generated many changes in private law regulations. Among those that are highlighted by their legal life implications include those generated by the introduction of mortgage securities. This study does not aim to analyze mortgage securities as an...