Comparative Approach of the Regulation of the Stipulation for Another Institution in the Romanian Legislation, following the Entry into Force of the New Civil Code and the Legislations of other States
Comparative Approach of the Regulation of the Stipulation for Another Institution in the Romanian Legislation, following the Entry into Force of the New Civil Code and the Legislations of other States

Summary/Abstract: Accession of Romania to the European Union on the 1st of January 2007, has also entailed a vast work of reforming the Romanian judicial system with the aim to correct the flaws existing in the field of justice and to fight corruption that could have hindered the effective implementation of laws, policies and programs of the Union European. The entry into force of the new Romanian Civil Code on 1 October 2011 - that replaced the Codex Civil or Civil Code of 1864, remarkable in its architecture and rigorousness alike, but obsolete in comparison to the European norms as well as demands of modern times, which laid the foundations of the Romanian modern civil law with its principles and institutions, and introduced the modern legal terminology, leaving behind the Oriental and Byzantine institutions, part of a cultural, social and legal feudal pattern - is one of the landmarks of this legislative reform, considered unprecedented in Romania's recent legal history.If the old Romanian Civil Code hardly contained a general and uniform regulation of the stipulation for another institution the new Romanian Civil Code allots to the institution of stipulation for another separate texts of articles.The present paper approaches comparatively the manner in which the stipulation for another institution is addressed, defined and regulated in the Romanian legislation as well as in other European or North American countries legislation - regarded as sources of inspiration for the new Romanian Civil Code.

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