Suchergebnisse

This study aims to describe the legal regime of the compensatory payment, with reference to the legislative framework, the sources of inspiration of the regulation, as well as to the current national case-law in this matter, which confirms, by the large number of cases solved after the entry into force of the Civil Code, the social utility of this legal institution. On the basis of the case law examples provided, the authors analyze the legal nature of the compensatory allowance by distinguishing it from similar institutions – the maintenance obligation between ex-spouses or the right to compensation – the conditions to be fulfilled when granting compensatory payment, the criteria used to impose, modify or terminate the obligation, and the substantive and procedural law difficulties of these disputes.

The article aims to present some elements regarding the history of Romanian law in Bessarabia from 1812 until the period immediately following the Great Union. The evolution of Romanian law in this period could be described by three determinants: unity, survival and unification. In 1812 there was a cohesive system of legal norms in Bessarabia, a true autochthonous law, so that the annexation of Bessarabia by the Tsarist Empire did not mean the automatic replacement of the applicable rules of conduct, but some legal institutions survived until the Great Union. Moreover, immediately after the annexation of Bessarabia, there was the intention to draw up a "Civil Code for Bessarabia", the jurist Petru Manega succeeding in carrying out such a project following the model of the Napoleonic Code. The last stage analyzed is that of the process of legislative unification of Bessarabia, a difficult process and, unfortunately, with a short-term effect. Last but not least, the study aims to bring up in actuality the personality and the work of two illustrious Romanian lawyers, Andrei Rădulescu and Vespasian Erbiceanu.

This study contains a detailed analysis of the Defense of refusal to perform and the Right of retention in the current Civil Code, with reference to the practice of the courts of law and to comparative law issues. Therefore, following the update of the two legal institutions, the present study mirrors the defense of refusal to perform with the right of retention (i.e. legal frame, notion, legal ground, characteristics, application domain, exercise's conditions, operation's mechanism, effects and transitional law). Following the examinations of the above-mentioned issues, both legal institutions are compared in order to outline the differences between them. By doing so, the article aims to settle the edge between these two means of judicial defense and to put an end to long debated controversies in the literature and judicial practice. Key-words: Civil Code; favor contractus; the rule of specific performance; the plea of breach of the contract/defense of refusal to perform/right to withhold performance of reciprocal obligation; right of retention; defense; statement of defense; counterclaim; synallagmatic contract; the special effects of synallagmatic contract; remedies for breach of contract; imperfect guarantee