NOVATION, WAY OF MODIFYING THE LIABILITIES – THEORETICAL AND PRACTICAL ASPECTS

Although largely treated by the scholars in their writings, the novation is not a common practice in the Romanian juridical area. As a definition, the novation represents that juridical mechanism through which the parties of an agreement decide to replace a pre-existent valid liability with a new liability, by observing certain conditions. The purpose of this paper is, mainly, to highlight the amendments brought by the New Civil Code and to explain their impact on the operation under discussion

A THEORETICAL ANALYSIS OF THE SUBROGATION, AS PER THE AMENDMENTS BROUGHT BY THE CIVIL CODE OF 2009

Although extensively treated by the Romanian scholars in the past, the provisions of the Civil code of 2009 brought certain amendments with respect to the subrogation in creditor’s rights by paying the debt. Our main purpose is to outline the latest amendments brought to the institution under discussion by the Civil Code of 2009 and, in this respect, we will analyse the subrogation from a theoretical point of view, with some references to the existent Romanian jurisprudence

THE PROHIBITION OF DISCRIMINATION OF ART. 14 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS IN MATTERS OF INHERITANCE AND AFILLIATION REGARDING THE PROVISIONS OF THE NEW CIVIL CODE

Taking into consideration the provisions of the New Civil Code that has recently entered into force, the study focuses on the analysis of its provisions regarding matters of inheritance and affiliation in order to establish their compliance with the established case-law of the European Court of Human Rights in interpreting article 14 of the European Convention on Human Rights