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Civil Procedure Code Of Romania
The Civil Procedure Code of Romania ( ro, Codul de procedură civilă al României) is the law regulating civil procedure in Romania. It came into force on 15 February 2013 as Law no. 134/2010, implemented through Law no. 76/2012, replacing the old Civil Procedure Code of 1865. As a transitional measure, some of the Code's provisions came into force on 1 January 2016. Background and implementation The civil procedure code is the result of a major legal reform which began in the mid-2000s, prior to Romania's accession to the European Union. It was designed in such a way as to simplify and accelerate civil proceedings, following repeated condemnations of Romania by the European Court of Human Rights for breaching the standards of a fair civil trial as established by the ECHR. To this end, new mechanisms were introduced to ensure an optimal and predictable duration of trials, as well as remedying a perceived inconsistency of Romanian case law. The code came into force two years a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced; what kind of service of process (if any) is required; the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases; the timing and manner of depositions and discovery or disclosure; the conduct of trials; the process for judgment; the process for post-trial procedures; various available remedies; and how the courts and clerks must function. Differences between civil and criminal procedure In most cases, criminal prosecutions are pursued by the state in order to punish offenders, although some systems, such as in English and French law, allow private citizens to bring a private prosecution. Conversely, civil actions are initiated by private individuals, companies or organizations, for their own benef ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Substantive Law
Substantive law is the set of laws that governs how members of a society are to behave.Substantive Law vs. Procedural Law: Definitions and Differences, Study.com/ref> It is contrasted with procedural law, which is the set of procedures for making, administering, and enforcing substantive law. Substantive law defines rights and responsibilities in civil law, and crimes and punishments in criminal law. It may be codified in statutes or exist through precedent in common law. Henry Sumner Maine Sir Henry James Sumner Maine, (15 August 1822 – 3 February 1888), was a British Whig comparative jurist and historian. He is famous for the thesis outlined in his book '' Ancient Law'' that law and society developed "from status to contract. ... said of early law, "So great is the ascendency of the Law of Actions in the infancy of Courts of Justice, that substantive law has at first the look of being gradually secreted in the interstices of procedure; and the early lawyer can only s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Codes Of Civil Procedure
In communications and information processing, code is a system of rules to convert information—such as a letter, word, sound, image, or gesture—into another form, sometimes shortened or secret, for communication through a communication channel or storage in a storage medium. An early example is an invention of language, which enabled a person, through speech, to communicate what they thought, saw, heard, or felt to others. But speech limits the range of communication to the distance a voice can carry and limits the audience to those present when the speech is uttered. The invention of writing, which converted spoken language into visual symbols, extended the range of communication across space and time. The process of encoding converts information from a source into symbols for communication or storage. Decoding is the reverse process, converting code symbols back into a form that the recipient understands, such as English or/and Spanish. One reason for coding is to en ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Romania
The law of Romania is civil law. History The Romanian judicial system experienced a major overhaul in the early 2010s, with the introduction of four new codes: the Civil Code (2011), the Civil Procedure Code (2013) and the Penal and Penal Procedure Codes (2014). Constitution The basic law of Romania is the Constitution, which was adopted in December 1991 and revised in October 2003. Legislation Legislation includes laws and decrees.Verzariu and Burgess. "Bibliography of Pertinent Romanian Legislation". Joint Venture Agreements in Romania: Background for Implementation. US Department of Commerce, Bureau of East-West Trade. June 1977Page 69 Laws *Law No 28 of 28 December 1967 *Law No 71 of 29 December 1969 *Law No 22 of 28 November 1981 *Law No 3 of 12 November 1982 Courts and judiciary There is a Constitutional Court of Romania and a High Court of Cassation and Justice. Legal practitioners There is a National Union of Bar Associations of Romania (Romanian: Uniunea Națion ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Partition (law)
A partition is a term used in the law of real property to describe an act, by a court order or otherwise, to divide up a concurrent estate into separate portions representing the proportionate interests of the owners of property. It is sometimes described as a forced sale. Under the common law, any owner of property who owns an undivided concurrent interest in land can seek such a division. In some cases, the parties agree to a specific division of the land; if they are unable to do so, the court will determine an appropriate division. A sole owner, or several owners, of a piece of land may partition their land by entering a deed poll (sometimes referred to as "carving out"). Why forced sales occur Forced sales generally occur because owners of property are unable to agree upon certain aspects of the ownership. The owners may disagree on how to use the property, the amount of money to invest into the property, on their right to occupy and use the whole of the property. If the pa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person. Divorce is different from annulment, which declares the marriage null and void, with legal separation or ''de jure'' separation (a legal process by which a married couple may formalize a ''de facto'' se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arbitration
Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In certain countries such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensual arbitration, particularly commercial ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cooperation And Verification Mechanism
The Mechanism for Cooperation and Verification (CVM) is a safeguard measure invoked by the European Commission when a new member or acceding state of the European Union has failed to implement commitments undertaken in the context of the accession negotiations in the fields of the Area of freedom, security and justice or internal market policy. Background Common practice in the EU is that during accession negotiations there are agreed some temporary transitional periods after accession of new states for derogation of application for specific parts of the ''acquis communautaire'', because of difficulties either for the new member state (lime environmental regulations for large combustion plants) or for the old member states (like free movement of workers). Such temporary transitional periods in regard to particular member states are also implemented when various new pieces of EU legislation are adopted . In some cases the derogation is not temporary but permanent. Such derogat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Code Of Romania
The Civil Code of Romania (''Codul civil al României'', commonly referred to as ''Noul Cod Civil'' – the New Civil Code, officially Law no. 287/2009 on the Civil Code) is the basic source of civil law in Romania. It was adopted by Parliament on 17 July 2009 and came into force on 1 October 2011. It replaced the Civil Code of 1865 as well as the Commercial Code of 1887 and the Family Code of 1954. Background The Civil Code was drafted together with new penal and procedural codes as part of a major effort to reform Romania's legal system after the country's accession to the European Union. An impact study contracted by the Ministry of Justice concluded that the Civil Code was the least difficult to implement of the four new codes, but nevertheless the process was criticized by parts of the Romanian judiciary and civil society for lacking adequate preparatory measures to ensure a smooth transition. The code was adopted in 2009 after extensive parliamentary debate, published in a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1865 Civil Procedure Code Of Romania
Events January–March * January 4 – The New York Stock Exchange opens its first permanent headquarters at 10-12 Broad near Wall Street, in New York City. * January 13 – American Civil War : Second Battle of Fort Fisher: United States forces launch a major amphibious assault against the last seaport held by the Confederates, Fort Fisher, North Carolina. * January 15 – American Civil War: United States forces capture Fort Fisher. * January 31 ** The Thirteenth Amendment to the United States Constitution (conditional prohibition of slavery and involuntary servitude) passes narrowly, in the House of Representatives. ** American Civil War: Confederate General Robert E. Lee becomes general-in-chief. * February ** American Civil War: Columbia, South Carolina burns, as Confederate forces flee from advancing Union forces. * February 3 – American Civil War : Hampton Roads Conference: Union and Confederate leaders discuss peace terms. * February 8 & ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Law
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Australia and Ne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Convention On Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. The Convention established the European Court of Human Rights (generally referred to by the initials ECHR). Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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