Consacrarea legislativă a unor soluții jurisprudențiale în materie civilă și procesual civilă
Legislative Consecration of some Jurisprudential solutions in Civil and Civil Procedure Matters

Summary/Abstract: On the basis of the considerations which state the ineluctable nature of the power of the case-law, that of being a creator of law, belonging to well-known doctrinaires, among whom we remember Hans Kelsen and Portalis, and taking into account the major changes that have taken place recently in the Romanian laws concerning the civil and civil procedure matters, the study seeks to show how the case-law has imposed, in terms of legislation, many solutions or legal concepts. It is thus demonstrated how the legal concepts dedicated in terms of the case-law (some of them being supported by the doctrine) have been taken up by the legislator and taken over – as such or with certain refinements – in the newly adopted regulatory documents (Civil Code and the Civil Procedure Code). The step taken by means of this study does not involve an analysis of the solutions / legal concepts newly inserted by the legislator in the abovementioned regulatory documents, but it only concerns the process through which they have been established in terms of legislation and how they have been taken over, making reference only to several such legal concepts: petition of heredity, proceedings in delivering a court judgement to replace an agreement, unforeseeability and optional jurisdiction.

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