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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] |
Civil Law (area)
Private law is that part of a legal system that governs interactions between individual persons. It is distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that affects the public order. In general terms, private law involves interactions between private individuals, whereas public law involves interrelations between the state and the general population. In legal systems of the civil law tradition, it is that part of the that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law tradition), and the law of obligations (as it is called in the civil law tradition). Concept One of the five capital lawyers in Roman law, Domitius Ulpianus, (170–223) – who differentiated ''ius publicum'' from ''ius privatum'' – the European, more exactly the continental law, philosoph ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inheritance
Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officially bequeathing private property and/or debts can be performed by a testator via will, as attested by a notary or by other lawful means. Terminology In law, an "heir" ( heiress) is a person who is entitled to receive a share of property from a decedent (a person who died), subject to the rules of inheritance in the jurisdiction where the decedent was a citizen, or where the decedent died or owned property at the time of death. The inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. However, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid (for example, some states do not recognise handwritten wills as valid, or only in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Codes
A civil code is a codification of private law relating to property, family, and obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core areas of private law that would otherwise typically be codified in a civil code may instead be codified in a commercial code. History The history of codification dates back to ancient Babylon. The earliest surviving civil code is the Code of Ur-Nammu, written around 2100–2050 BC. The Corpus Juris Civilis, a codification of Roman law produced between 529 and 534 AD by the Byzantine emperor Justinian I, forms the basis of civil law legal systems that would rule over Continental Europe. Other codified laws used since ancient times include various texts used in religious law, such as the Law of Manu in Hindu law, Islamic Sharia law, the Mishnah in Jewish Halakha law, and the Canons of the Apostles in Christian Canon law. European code ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Procedure Code Of Romania
The Civil Procedure Code of Romania () 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 after a new civil code was also implemented, an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Romania
The law of Romania is civil law. 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 Națională ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Code
A civil code is a codification of private law relating to property law, property, family law, family, and law of obligations, obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core areas of private law that would otherwise typically be codified in a civil code may instead be codified in a commercial code (law), commercial code. History The history of Codification (law), codification dates back to ancient Babylon. The earliest surviving civil code is the Code of Ur-Nammu, written around 2100–2050 BC. The Corpus Juris Civilis, a codification of Roman law produced between 529 and 534 AD by the Byzantine Empire, Byzantine emperor Justinian I, forms the basis of Civil law (legal system), civil law legal systems that would rule over Continental Europe. Other codified laws used since ancient times include various texts used in religious law, such as the Manu Smriti, Law of Manu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Code Of Quebec
The ''Civil Code of Quebec'' (CCQ; , ) is the civil code in force in the Canadian province of Quebec, which came into effect on January 1, 1994. It replaced the '' Civil Code of Lower Canada'' () enacted by the Legislative Assembly of the Province of Canada in 1865, which had been in force since August 1, 1866. The ''Civil Code of Quebec'' governs a number of areas affecting relations between individuals under Quebec law. It deals with the main rules governing the law of persons, the family, succession, property and civil liability. It also contains rules of evidence in civil matters and Quebec private international law. Scope The Code's scope is summarized in its preliminary provision: The Civil Code is in essence a body of rules and regulations that, in all matters treated by or in the spirit or vein of its provisions, sets forth the ''jus commune'', or the law that applies to all of Quebec, either in express or implied terms. For the matters handled by the Code, it acts as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Swiss Civil Code
The Swiss Civil Code (SR/RS 210, ; ; ; ) is a portion of the second part (SR/RS 2) of the internal Swiss law ("Private law - Administration of civil justice - Enforcement") that regulates the codified law ruling in Switzerland and relationship between individuals. It was first adopted in 1907 (effective since 1 January 1912). It was largely influenced by the German civil code, and partly influenced by the French civil code, but the majority of comparative law scholars (such as K. Zweigert and Rodolfo Sacco) argue that the Swiss code derives from a distinct paradigm of civil law. History and influences Adopted on 10 December 1907 (and is thus formally known as the ''Swiss Civil Code of 10 December 1907''), and in force since 1912. It was created by Eugen Huber, it was subsequently translated in the two other national languages (at the time Romansh was not official) by Virgile Rossel and Brenno Bertoni for French and Italian, respectively. The Civil code of the Republ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Monism
Monism attributes oneness or singleness () to a concept, such as to existence. Various kinds of monism can be distinguished: * Priority monism states that all existing things go back to a source that is distinct from them; e.g., in Neoplatonism everything is derived from The One. In this view only the One is ontologically fundamental or prior to everything else. * Existence monism posits that, strictly speaking, there exists only a single thing, the universe, which can only be artificially and arbitrarily divided into many things. * Substance monism asserts that a variety of existing things can be explained in terms of a single reality or substance. Substance monism posits that only one kind of substance exists, although many things may be made up of this substance, e.g., matter or mind. * Dual-aspect monism is the view that the mental and the physical are two aspects of, or perspectives on, the same substance. * Neutral monism believes the fundamental nature of reality to be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Private International Law
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction."Conflict of Laws", ''Black's Law Dictionary'' (11th ed. 2019). This body of law deals with three broad topics: ''jurisdiction'', rules regarding when it is appropriate for a court to hear such a case; ''foreign judgments'', dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and '' choice of law'', which addresses the question of which substantive laws will be applied in such a case.Restatement of the Law—Conflict of Laws, ''§2: Subject Matter of Conflict of Laws'' (American Law Institute 1971). These issues can arise in any private law context, but they are especially prevalent in contract law and tort law. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute Of Limitations
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In most jurisdictions, such periods exist for both criminal law and civil law such as contract law and property law, though often under different names and with varying details. When the time which is specified in a statute of limitations runs out, a claim might no longer be filed or, if it is filed, it may be subject to dismissal if the defense against that claim is raised that the claim is time-barred as having been filed after the statutory limitations period. When a statute of limitations expires in a criminal case, the courts no longer have jurisdiction. In many jurisdictions with statutes of limitation there is no time limit for dealing with particularly serious crimes. In civil law systems, such provisions are typically part of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Obligations
The law of obligations is one branch of private law under the civil law (legal system), civil law legal system and so-called "mixed" legal systems. It is the body of rules that organizes and regulates the rights and duties arising between individuals. The specific rights and duties are referred to as ''obligations'', and this area of law deals with their creation, effects and extinction. An obligation is a legal bond (''vinculum iuris'') by which one or more parties (obligants) are bound to act or refrain from acting. An obligation thus imposes on the ''obligor'' a duty to perform, and simultaneously creates a corresponding right to demand performance by the ''obligee'' to whom performance is to be tendered. History The word originally derives from the Latin "obligare" which comes from the root "lig" which suggests being bound, as one is to God for instance in "re-ligio". This term first appears in Plautus' play Truculentus at line 214. Obligations did not originally form part of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
