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Universul Juridic magazin

Implications of the Civil Code and of the Code of civil procedure in the matter of civil contracts and of the enforcement proceedings of enforceable titles arising from the settlement of disputes whose subject-matter is represented by the civil contracts

After the effective date of the new Civil Code and of the new Code of civil procedure, which accomplished the monistic concept by unifying the provisions of the civil law and those of the commercial law, the matter of civil contracts and the enforcement proceedings of the enforceable titles arising from the settlement of disputes the subject-matter of which is represented by the civil contracts were harmonized with the new provisions of substantive and procedural law provided for in these codes. Starting from the new regulatory framework in the matter of civil contracts, this study proposes an analysis of the implications of the new Civil Code and of the Code of civil procedure in the matter of civil contracts, lato sensu, and of the enforcement proceedings of enforceable titles arising from the settlement of disputes whose subject-matter is represented by the civil contracts. In the same context, this study emphasizes certain breaches of the legislative technical rules based on the rules of substantive and procedural laws provided for in the Civil Code and in the Code of civil procedure.