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Daniela Cristina Cret and Remus Daniel Berlingher

Abstract

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.

Open access

Remus Daniel Berlingher and Daniela Cristina Cret

Abstract

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

Open access

Mihaela Narcisa Stoicu, Remus Daniel Berlingher and Daniela Cristina Creţ

Abstract

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.

Open access

Remus Daniel Berlingher and Georgeta Valeria Sabau

Abstract

Law is a system of norms developed and/or recognized by the state as norms guiding human behaviour according to the values of that particular society, establishing rights and obligations, principles and definitions, structures and relationships of social organization and activity that must be obeyed and which, when necessary, are insured by the coercive force of the state. Thus, the development of this system of norms is not an end in itself, but is intended to regulate all social relations, guide human behaviours and achieve the aims of the law. The enforcement of law is the process of translating legal rules into practice, through which the subjects of law obey and execute legal norms, and state authorities apply them, depending on their competence. The enforcement of law depends on a number of factors that shape law, such as its natural framework of existence, the historical context and the ethnic and national particularities of that community’s development, the economic factor or framework, the framework and particularities of the political system, the cultural-ideological framework or factor, the international framework or factor, etc.