Thought Articles

Product liability emerged as a stand-alone branch of law in Romania rather recently, during the last few decades. However, it is essentially grounded on "classical" civil law, which has acknowledged and regulated fundamental principles such as tort liability and contractual liability for more than a century. Product liability is thus based on the traditional civil law under the New Civil Code and the special statutes regulating product liability.

The first edition of The Government Procurement Review brings together contributions from eminent procurement lawyers across five continents and provides real insight to the key issues in government procurement across the different jurisdictions. In Romania, public procurement contracts are essentially regulated by Government Emergency Ordinance No. 34/2006 on the award of public procurement contracts, public works concession contracts and service concession contracts (‘GEO No. 34/2006’).

The Companies Law No. 31/1990, republished in 2004 and further amended and completed (‘the Companies Law’) and the Capital Market Law No. 297/2004, as further amended and completed (‘the Capital Market Law’), represent the primary sources of law relating to the corporate governance of listed companies in Romania. In addition, as an independent agency the securities regulator, the National Securities Commission (‘CNVM’) may issue legally binding regulations. Furthermore, Government Emergency Ordinance No. 109/2011 concerning the corporate governance of public enterprises (‘GEO No. 109/2011’) sets out specific statutory rules for the corporate governance of enterprises controlled by the Romanian state (a significant number of the targeted companies that are listed on the Romanian regulated markets or that are envisaged for listing in the near future).

Normal 0 false false false EN-US X-NONE X-NONE MicrosoftInternetExplorer4 Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Labour & Employment 2013, (published in April 2013; contributing editors: Matthew Howse, Walter Ahrens, François Vergne and Mark Zelek of Morgan, Lewis & Bockius LLP). Romania is a civil law jurisdiction and the core employment regulation is the Labour Code. Besides the Labour Code, specific tailored legal enactments regulate other employment-related aspects, such as employment safety and health, insurance for work accidents and professional diseases and social dialogue.

Țuca Zbârcea & Asociații’s Structural Funds Department has contributed to the release of more than 1,000 pages containing the inspection authorities’ Notices of Findings on the application of financial corrections in the structural fund projects implemented by local administrative authorities over the last four years. Along with the Institute for Public Policies (IPP) and the Romanian Association of Municipalities, Țuca Zbârcea & Asociații has issued, for the first time in Romania, a systematic case law directory on local and county authorities’ management/control of EU funds.

Disputes in Romania are settled in court in the vast majority of cases, under procedures regulated mainly by the Civil Procedure Code (‘the CPC’). The CPC has undergone reform through Law No. 202/2010 (‘the Little Reform Law’), a law expressly designed to introduce elements of procedural celerity in advance of the new Civil Procedure Code, which is expected to replace the CPC entirely in July 2012. The commentary here takes into consideration the procedures as currently in force. A brief outline of the main amendments to be brought to the new Civil Procedure Code is included in Section VII, infra.