References

1. Modul Introduction To Law (LAW1064)

2. Contract law

Abstract :

It begins with an introductory discussion of scope and methodology, and then addresses four main topics that correspond to the major doctrinal divisions of the law of contracts. These divisions include freedom of contract (the extent of private power to create binding obligations), formation of contracts (the procedural mechanics of exchange, and the rules that govern pre-contractual behavior), contract interpretation (the consequences that follow when agreements are ambiguous or incomplete), and enforcement of contractual obligations (the choice between private and public enforcement, and the legal remedies that follow from breach of contract). In each of these sections, we provide an economic analysis of relevant legal rules and institutions, and of the connections between legal arrangements and corresponding topics in microeconomic theory, such as welfare economics and the theory of contracts.

3. Punitive civil sanctions: The middleground between criminal and civil law

Abstract :

In theory, the law of sanctioning has long distinguished between "punitive sanctions" and "civil remedies." While the former were meant to punish, the latter were designed to make injured persons whole. This bifurcated view of the purposes of sanctions (or remedies) has constituted a fundamental difference between criminal law and civil law. Recent years have witnessed a rapid growth of these mixed sanctions, which use civil procedures to mete out punishment. The increase in so-called punitive civil sanctions has gradually created a large middleground of sanctions between the criminal and the civil law. For many years, courts have employed legal fictions to avoid defining the middleground as a separate field of sanctioning laws. They thus avoided confronting basic assumptions about the role of procedure in a legal regime that highly values strict procedural protections when the state metes out punishment. 

4. The relation between the substantial law and procedural law in defending subjective rights and legitimate interests

Abstract :

Taking into account that the Romanian Constitution mentions the “state of law” and “constitutional democracy”, concomitantly specifying the essential values- human dignity, citizens’ rights and freedoms, the free development of human personality, justice and political pluralism- defended by the domestic legal order, it seems of a real practical interest to notice the concrete means established in order to protect the above mentioned values.As it has been mentioned before, the contentious administrative represents one of the most efficient ways under which the values constitutionally affirmed are guaranteed and defended. The contentious administrative basically answers the old question: „Quis custodiet custodes?”, question that comprises one of the most difficult obstacles against the state of law actualization: to find the most efficient procedural ways for the state bodies able to use, directly or indirectly, the coercion force in order to make the citizens observe the laws, to be in their turn under the situation to observe the same laws.As the contentious administrative represents the courts of law activity meant to settle the conflicts whereas at least one of the parties is a public authority, we will try, while evoking procedural aspects, procedural means available for someone prejudiced by a public authority, to stress the weight of the procedural rules in guarantying and defending effectively the citizens’ rights and legitimate interests.