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THE LOAN CONTRACT IN THE NEW CIVIL CODE
LIVIA MOCANU
Challenges of the Knowledge Society , 2012,
Abstract: The new Civil Code maintains, mainly, the stipulations of the Civil Code of 1865 regarding loan contracts, in its both forms (the loan for use and the loan for consumption). As a variety of the loan for consumption, a few new specific stipulations were included, regarding the loan with interest.This research is focused on the current regulation of the loan contract, including a series of changes, of which the most important refers to: the loan promise, the risk regarding the asset placed in a bailment, property transfer and the risk in the loan for consumption contract, loan return and the interest regime. Also, what kept my attention is the significant changes brought to the interest regime by the Law for applying the Civil Code, included for now in Chapter I of the O.G. no. 13/2011, regarding the legal compensatory interest and the penalty interest for financial duties, as well as for the regulation of certain financial-fiscal measures in the banking department.
CONSIDERATIONS ON THE GENERAL PROVISIONS OF THE NEW CIVIL CODE IN THE FIELD OF WILL
ILIOARA GENOIU
Challenges of the Knowledge Society , 2012,
Abstract: Generally speaking, the will institution has been reconfigured by the new Civil Code. Even through its general provisions which have been consecrated to will, Law No. 287/2009 brings a few novelty elements. The present work is aimed to analyze the general aspects which characterize will (definition and legal features of will, contents of will, mutual will, proof of will, testator’s consent and interpretation of will), in a comparative manner, both in relation to the provisions of the 1864 Civil Code and the provisions of the new Civil Code. Thus, this will allow us to point out the novelty elements brought within the field subject to our analysis by the new Civil Code and to assess their justness and appropriateness.
COMMISSION CONTRACT UNDER THE NEW ROMANIAN CIVIL CODE
DAN VELICU
Challenges of the Knowledge Society , 2013,
Abstract: The adoption of the new Civil Code and its entry into force on October 1st 2011 has involved an extensive reform of the private law. The new Code has aimed primarily to achieve a unification of the private law, the largest part of the land commerce regulations from the commerce code adopted in 1887 being absorbed into the new text and, secondly, to harmonize the basic institutions of the private law with the European regulations and directives. This study is preliminary and aims to highlight the inspiring models of the new Civil Code and to analyse the functionality of the newly used concepts.
BANK CONTRACTS IN THE NEW ROMANIAN CIVIL CODE
DAN VELICU
Challenges of the Knowledge Society , 2012,
Abstract: The adoption of the new Civil Code and its entry into force on October 1st 2011 has involved an extensive reform of the private law. The new Code, as its authors notice, has aimed primarily to achieve a unification of the private law, the largest part of the land commerce regulations from the commerce code adopted in 1887 being absorbed into the new text and, secondly, to harmonize the basic institutions of the private law with the European regulations and directives. Beyond these two major objectives, the new Civil Code comprises regulations with innovative character compared to the Romanian law, such as bank contracts. This study is preliminary and aims to highlight the inspiring models of the new Civil Code and to analyse the functionality of the newly used concepts.
ACCEPTANCE OF THE INHERITANCE IN THE NEW CIVIL CODE REGULATION
ILIOARA GENOIU
Challenges of the Knowledge Society , 2011,
Abstract: The new regulation in civil matter, represented by Law no. 287/2009 regarding the Civil Code, whose date to entry in force has not been established yet, reconfigures quasi-totally the acceptance inheritance institution. In this paper we will analyze the acceptance of the inheritance issue under all its aspects, as a valence of the successional option right, in the light of the new Civil Code dispositions. We will thus be able to reveal the novelties brought by the new regulation and to appreciate its progressive nature. In the acceptance of the inheritance matter, the new Civil Code innovates, mainly as regards its forms (in the new Civil Code the acceptance under benefit of inventory is no more regulated), the effects of the acceptance (the heirs are responsible for the debts and for the delivers of the inheritance only with the assets from the successional patrimony) and the procedure that has to be performed in the case of inventory preparation and taking special measures for preserving the successional assets. We hope that through our approach, we enrol in the overall effort to make known and understood the disposition of the new Civil Code, until its entry in force.
THE UNDERTAKING CONTRACT AS REGULATED BY THE NEW CIVIL CODE
STANCIU D. CARPENARU
Challenges of the Knowledge Society , 2013,
Abstract: The present paper hopes to share a small but comprehensive analysis of the undertaking contract. This type of contract was scarcely regulated by the old Civil Code. Nowadays, the New Civil Code has dedicated a section especially for the undertaking contract. The importance of this paper resides not only in the theoretical aspects but also in the practical perspective that it is hoped to be laid down. In the continuously developing world, despite the economic difficulties in the last years, enterprises and undertakings have continued to be a part of everyday life, and business still strive to maximize profits from this types of contracts.
The company contract in the new Romanian Civil Code (art. 1881 - 1954). Comparison with the 1865 Civil Code
Silvia CRISTEA
Juridical Tribune , 2012,
Abstract: 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!
THE CONCLUSION OF THE CONTRACT FROM THE PERSPECTIVE OF THE NEW CIVIL CODE
Stanciu D. C RPENARU
Lex et Scientia , 2012,
Abstract: The New Civil Code regulates in large the general rules regarding the conclusion of the contract. These rules regard the formation of the contract, between parties that are either present or at a distance. The rules in question have as foundation the classical principles regarding the formation of the contract and also reflect the realities of the modern society.
THE CONCLUSION OF THE CONTRACT FROM THE PERSPECTIVE OF THE NEW CIVIL CODE
STANCIU D. CARPENARU
Challenges of the Knowledge Society , 2012,
Abstract: The New Civil Code regulates in large the general rules regarding the conclusion of the contract. These rules regard the formation of the contract, between parties that are either present or at a distance. The rules in question have as foundation the classical principles regarding the formation of the contract and also reflect the realities of the modern society.
THE NEW CIVIL CODE - IDENTIFICATION OF THE LEGAL PERSON
SILVIA-LUCIA CRISTEA,LUCIAN-FLORIN ONISOR
Challenges of the Knowledge Society , 2012,
Abstract: The article presents issues related to the identification of the legal person in the New Civil Code and in the commercial law special regulations, namely the Law 26/1990 regarding the Commercial Register and the Law no 31/1990 regarding commercial companies. This study aims at identifying the areas where the commercial law, a law for the professionals in the field, has brought changes into the civil law as common law; therefore, this study is meant for academics and professionals in the field. One outcome of this study is the identification of new attributes such as: bank account, registration number for VAT purpose, telephone, fax, and equity, apart from the identification attributes included in the New Civil Code, such as: name, registered office and nationality, registration number and the unique registration number.
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