Law Review International Journal of Law and Jurisprudence Online Semiannually Publication published by Union of Jurists of Romania and Universul Juridic Publishing House e-ISSN 2246-9435
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DEFENSES IN THE CIVIL LAWSUIT: A SHORT COMPARISON OF REGULATIONS FROM ROMANIA AND FRANCE

Andreea Cătălina CIUREA

Georgeta Bianca SPÎRCHEZ

Any person who is a party to a lawsuit acts or reacts: the claimant raises claims and the defendant counters them.

Under this litigation context, the Romanian NCPC expresses   for the first time in our procedural legislation   the modern concept according to which defense is a way of expressing the civil action and makes a fundamental classification of the defenses in justice (“substantive” and “procedural”). The action includes two categories of procedural means: those for the protection of the subjective right claimed by one of the parties and those for providing the defense of the lawsuit parties .
In France, this concept, which reflects the diversity of civil action and of the means of defense, has been regulated for over four decades. This is precisely why we intended to make a comparison with the French judicial system, which can be beneficial on several plans, because legislative reforms are often preceded by comparative studies.
Such a comparison improves the critical knowledge of our law: Romanian lawyers can better perceive what is latent, constant, which has been insufficiently explored in the own law. Foreign jurisprudence may also provide new assessment elements to the Romanian legislator either to apply common rules to several states or to construe the national law.
 

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Volume VII, special issue 2, posted at 29th of March 2017

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Summary

Articles (Studies, discussions, comments)

LEGAL ISSUES CONCERNING JUDICIAL CONTROL OF THE LEGALITY OF NORMATIVE ADMINISTRATIVE ACTS IN THE REPUBLIC OF MACEDONIA

Blerton SINANI

JUDICIAL INDEPENDENCE AND THE RULE OF LAW

Elena CONSTATIN

THE SCOPE OF APPLICATION OF FUNDAMENTAL RIGHTS GUARANTEED BY EUROPEAN UNION LAW ON MEMBER STATES' ACTION. SOME JURISPRUDENTIAL LANDMARKS

Constanţa MĂTUŞESCU

MULTIANNUAL DYNAMIC INDICATORS FOR HUMAN RESOURCES MANAGEMENT PLANNING IN JUDICIAL SYSTEM

Teodor Victor ALISTAR

ADMINISTRATIVE JUSTICE AS A TOOL OF HUMAN RIGHTS PROTECTION

Maria ORLOV

Mariana IANACHEVICI

HUMAN DIGNITY IN THE CRIMINAL PROCESS

Ramona CIOBANU

OPTIONS FOR INDEPENDENCE OF PROSECUTORS IN EXERCISE OF JUDICIAL FUNCTIONS, CURRENT SITUATION AND REMEDIES

Cristian Vasile BITEA

Teodor Victor ALISTAR

NEW YORK DECLARATION FOR REFUGEES AND MIGRANTS. A NEW WORLD PACT TO A SAFE, ORDERLY AND REGULATED MIGRATION – A MORAL AND HUMANITARIAN CHALLENGE

Claudia Elena MARINICĂ

HUMAN DIGNITY IN ROMANIAN LAW

Elena-Mihaela FODOR

THE EVOLUTION OF MULTIPLE DISCRIMINATION TODAY

Roxana MOISOIU

THE RIGHT TO HAPPINESS AT WORK: THE PERSPECTIVE OF THE ROMANIAN LEGISLATION

Radu Razvan POPESCU

RELIGIOUS FREEDOM: PROMOTING PEACE AND HUMAN DIGNITY THROUGH RELIGION

Remus MARIAN

TOWARDS A GLOBAL PACT FOR THE ENVIRONMENT

Irina MOROIANU ZLATESCU

IMMIGRANTS IN SEARCH OF DEMOCRACY AND HUMAN RIGHTS

Lucia-Stefania AVRAM

THE DEVELOPMENT OF THE COMMON EUROPEAN ASYLUM SYSTEM FROM MINIMAL TO COMMON STANDARDS

Petru Emanuel ZLATESCU

MIGRATION. A CHALLENGE TO INTERNATIONAL STABILITY AND RESPECT FOR HUMAN RIGHTS

Claudia Elena MARINICĂ

INTERNATIONAL PROTECTION IN THE EUROPEAN UNION

Alexandra BUCUR

NEW TENDENCIES IN PUBLIC ADMINISTRATION DEVELOPMENT

Ioana Cristina VIda

THE PURPOSE OF A EUROPEAN MINISTER OF ECONOMY AND FINANCE AND ITS IMPACT ON ROMANIAN PUBLIC FINANCE LAW

Emil BALAN

Marilena ENE

ASPECTS OF COOPERATION BETWEEN THE PARLIAMENT AND THE GOVERNMENT REGARDING EUROPEAN AFFAIRS

Dragoș-Adrian BANTAȘ

NEW TENDENCIES IN PUBLIC ADMINISTRATION DEVELOPMENT- COMPLEXITY OF PUBLIC ADMINISTRATION IN THE LIABILITY AREA

Ioana-Cristina VORONIUC

THE LEGALITY PRINCIPLE IN THE ACTIVITY OF THE PUBLIC ADMINISTRATION – CROSSING BETWEEN ENVIRONMENTAL PROTECTION AND POLITICAL NEGLIGENCE. A CASE STUDY

Andrea KAJCSA

GENERAL OVERVIEW ON MATERIAL-FUNCTIONAL CONCEPTION OF THE STATE ADMINISTRATION

Blerton SINANI

THE RISE OF THE EUROSCEPTICISM AND THE BAD COMMUNICATION BETWEEN ELECTED AND APPOINTED ELITES AND CITIZENS

Marcela Monica STOICA

MANDATORY CLAUSES IN THE PUBLIC PROCUREMENT CONTRACT

Mihaela V. CARAUSAN

EXTREME WEATHER EVENTS IN URBAN AREAS. A LEGAL VIEW

Maria FODOR

Victor Marcusohn

SHORT COMPARATIVIST APPROACHES REGARDING THE GENESIS AND EVOLUTION OF THE URBANIAM IN POLAND AND FRANCE

Sonia Andreea STOICA

ASPECTS REGARDING THE RELATIONSHIP BETWEEN HUMAN RIGHTS AND THE ENVIRONMENT

Oana Maria HANCIU

FREE COUNSELING OF INDIVIDUALS IN THE FIELD OF TAXATION

Florin-Ionel TRUŞCĂ