Examen jurisprudențial al soluțiilor Curţii Constituţionale şi al Înaltei Curţi de Casaţie şi Justiţie care au influențat modificările noilor coduri (civil și de procedură civilă)
Jurisprudential Examination of the Solutions Provided by the Constitutional Court and the High Court of Cassation and Justice that Influenced the Amendments to the new Codes (Civil Code and Civil Procedure Code)

Summary/Abstract: This study endeavours to illustrate to what extent praetorian law may be acknowledged in Romania, exploring the hypotheses in which the Constitutional Court and the High Court of Cassation and Justice, acting as guarantors of the constitutionality of laws as well as supreme interpreter thereof, respectively, could exercise a sort of “soft power” over the legislative branch. In such paradigm, positive law resulting from aligning the provisions found as being unconstitutional with the Constitution or including certain interpretations from appeals in the interest of law into legal texts could represent the contribution of the judiciary to the legislative work. To exemplify, this study brings together certain decisions rendered in civil law matters, both substantial and procedural, selected from the mandatory case-law body of the constitutional contentious court and the supreme court of Romania, relevant to follow up on the lawmaker’s perception thereof. The comments made based on these decisions are accompanied, where necessary, by “de lege ferenda” proposals.

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