The Particularities of the Exception of Unconstitutionality Invoked by Legal Persons before Courts of Judges or Commercial Arbitration Courts from Romania
The Particularities of the Exception of Unconstitutionality Invoked by Legal Persons before Courts of Judges or Commercial Arbitration Courts from Romania

Author(s): Ana-Daniela Bobaru
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Court case
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: exception of unconstitutionality; legal persons; court; commercial arbitration; Constitutional Court;
Summary/Abstract: The paper addresses the specific aspects of the exception of unconstitutionality promoted by legal persons before the courts of judges or commercial arbitration courts from Romania, with the objectives of highlighting and analyzing the particularities of this type of control exercised by the Constitutional Court, scientific research based on the principle of the relationship between different methods, procedures and investigative techniques. The methodological foundation of the study is the theory of knowledge, numerous sources being used (university courses, scientific articles, legislation and jurisprudence). In addition, the logical analysis is permanently used in the content of the study, concretized by applying the procedures of analysis and synthesis, deductive reasoning, the method of comparative analysis, used to highlight the particularities of the exception of unconstitutionality, the quantitative method, used to study and systematize the normative base and doctrinal, as well as the systemic method, indispensable in researching the constitutional and legal norms specific to the topic. The results of the study bring a real contribution to the deeper knowledge of one of the competences of the Constitutional Court in Romania, of the specific legislative and jurisprudential framework, as well as applicative value, constituting an informative support for bachelor's, dissertation and doctoral theses, material for the improvement of teaching staff university and researchers in the field, magistrates, arbitrators, but also other legal professions (lawyers, legal advisers, clerks).

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