Ensuring access to justice for all litigants, whether individuals or legal persons, and the operation of the principle of equality for parties in a civil trial, involves, among other things, providing appropriate legal assistance, including by granting certain exemptions, reductions, or postponements in the payment of legal fees stipulated by law to those who do not have the financial resources to initiate and sustain a civil trial. Throughout the following we shall emphasise certain aspects of the right to legal assistance, as seen from the perspective of both domestic legislation, and certain European documents.
The issue of protecting the natural persons has been triggering a lot of interest due to the need for providing them with proper means for this purpose. In Romania, the court of guardianship and family plays an important role in protecting this category of persons, court established as a result of the entering into force of the new Romanian Civil code in 2011. The legal norms distinguish between the prerogatives of this court on the protection of the major persons and its attributions in this matter towards the minors. Further on, it will be analyzed certain prerogatives of the guardianship and family court meant for the minor persons.
One way for individuals and legal entities to pursue legitimate rights and/or interests is the judicial path. The civil proceedings as a form of settling civil litigations is governed by different principles. Among these stands out the principle of good faith, which involved the exercise in good faith of rights in both civil and procedural matters, the exercise in good faith of procedural rights, a principle which has gained new meanings after the entry into force of the new Code of Civil Procedure, as well as the new Civil Code.
Indirectly enforcement is regulated by the Code of Procedure, as a form of enforcement, seeks the recovery of the creditor’s claim through valorization of the debtor’s property or the seizure of income that it has to receive from a third party. Collection action on real estate as a form of indirect civil enforcement is made by the forced sale of immovable property belonging to the pursued debtor, so that the pursuing creditor would cover the claim. In this scientific approach we will examine the issues of pre-sale formalities, the sale and auctioning of real estate property and adjudicating the real-estate property in the regulation of the Code of Civil Procedure, which came into force in February 2013, as well as in the provisions of private international law incidental in the matter.
Socio-economic changes have led to significant changes with regard to the institutions regulated by the 1865 Code of Civil Procedure and other laws, such as Law no. 105/1992 on the regulation of private international law. Among the institutions that have undergone these reconfigurations in the regulation of the Code of Civil Procedure, which entered into force in 2013, one that stands out is arbitration. Our study will analyze the main aspects of private international law arbitration: arbitration agreement, the arbitral tribunal, the proceedings in the matter, as well as the recognition and enforcement of foreign arbitral awards
Each branch of law acknowledges a specific form of liability. Therefore there are several forms of liability: disciplinary, civil, criminal, etc. These forms of legal liability are characterized by specific conditions of substance and form (way of establishment, embodiments, etc.). Therefore, the commission of an infringement determines the intervention of legal liability and the application of penalties. The penalty is a means to materialize liability and it will take its shape. In this scientific approach we intend to analyze the application of disciplinary penalties to civil servants.
One of the measures employed to protect an individual is guardianship. Legal norms treat guardianship aimed at protecting a person with full capacity of exercise in certain special situations in a different way than they do guardianship for minors or persons placed under interdiction. While guardianship for capable persons is governed by the rules of mandate, guardianship for minors and persons placed under judicial interdiction are subject to rules applicable to custody for minors (art. 171 of the New Civil Code). As follows, we shall analyse the legal provisions established by the New Civil Code in the case of guardianship for capable persons, emphasising novelty elements as compared to the previous regulation.