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This paper approaches a controversial concept in the Romanian law, respectively the notarial enforceable titles, whose history and meaning have significant features. In anticipation of a regulation of this category of titles, first, we propose to place them in the current architecture of the enforcement. At the same time, the paper deals with the history of the institution, since the post-war period, depicting the tortuous road in its recent attempts of regulation. The article also emphasize the view of the Constitutional Court in relation to the notarial enforceable titles, the relation with the European law and the similar instruments existing in the continental law, as well as the essential features characterizing these titles. This paper also insists on certain practical matters of significant relevance in the context of adopting Law no. 310/2018, examining the effects generated in terms of possibility of suspending the enforcement initiated according to a notarial enforceable title and to the appeal initiated by the debtor against such type of enforceable title.
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The effectiveness of a system of real guarantees is measured by its ability to ensure that creditors can quickly recover debts without significantly prejudicing the debtor's position. Legislation in the field has sometimes leads to matchlessly judicial practice as regards essential issues. The same legal practice, the only true “legislative laboratory, sometimes has led to the adoption of surprising solutions that have led us to take a look at other legal systems as well”.
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The General Data Protection Regulation (GDPR) establishes the responsibility and liability of the controller for any processing of personal data carried out by the controller or on the controllers’ behalf. The controllers, including the bailiffs, should be able to demonstrate the compliance of processing activities with Regulation (EU) 2016/679. In order to demonstrate compliance with the GDPR, the bailiff should maintain records of the processing activities under its responsibility. In the light of the foregoing considerations, the aim of this short study is to analyze the content of the records of personal data processing activities which the bailiff should be able to make available to The National Supervisory Authority for Personal Data Processing so that it might serve for monitoring those processing operations.
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The debtor which is a juridical person, subjected to forced execution at the request of a creditor, finds refuge in the insolvency procedure governed by Law no. 85/2014, in order to have benefits from the lawful suspension of forced execution without actually taking into account the real consequences which can be produced by such a procedure in relation to the business done. It may be beneficial to analyze the relationship between the two procedures and the effects of insolvency in order for the debtor to know that effects when choosing such a solution, and it is useful to identify procedural instruments at the reach of the creditor to counteract the debtor's attitude.
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The study aims to identify the deficiencies of qualification of bailiffs’ actions according to article 328 PC RM (excess of power or excess of official authority). In this respect, there are analyzed a number of court decisions issued on criminal cases filed against bailiffs under art. 328 PC RM. It is noted that in most cases, on such criminal files the courts issue acquittal decisions. It is concluded that in the most frequent cases criminal cases are unfounded filed in court regarding the bailiffs according to art. 328 PC RM. It is shown that art. 328 PC RM is inapplicable if the authorized person with qualification of offences does not indicate in the issued procedural act the norm of the normative act setting the rights and/or attributions of the bailiff whose limits have been exceeded. It shows that it is wrong the qualification according to art. 328 PC RM if the harmful consequence is established in an abstract, generic manner, but not in concrete. Also, it has been pointed that criminal liability under art. 328 PC RM cannot be started if the actions of the bailiff and his acts are not contested (when the party has the possibility to contest them) or are maintained (if they are contested by the parties of the enforcement procedure).
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