We are heading towards a phenomenon of internationalization and globalization of the substantiation of law, due to the fact that Romania is, inevitably, part of the process of integration and reflection of its own identity in a European and global context. Ultimately, law derives from observing the society and analysing its needs, passing through the filter of equity the final legal form in order to ensure the completeness of law, and also the structural coherence of society. Although the continental European legal culture is attached to the “general will”, globalization managed to erase many of the symbolical boundaries between the legal culture promoted by the Common-law, the one promoted by our system deeply markedby the Romano-Germanic System, and also the legal system outlined by American Realist trends, thus allowing the law to become the result of the self-adaptation of the society, not just the creation of the State.
Law is a dynamic social phenomenon reconfigured and re-dimensioned by the continuous and complex changes of the society, the multidisciplinary and especially the interdisciplinary of scientific research ensuring the dynamics of the norms of law outlined in the light of an integrative knowledge so necessary in the postmodern era.
Considering that on 1 October 2011 took place a real reform of the internationalprivate law with the entrance into force of the new Romanian Civil Code, the provisions of theinternational private law were gathered in Book VII “International Private Law Provisions”,aiming to integrate the revised Law No 105/1992 to synchronize its provisions with the newconception on family law stated in the code and with the European and internationalinstruments in the area of international private law. Specifically, the provisions of the newCivil Code on contractual and extra-contractual obligations are in accordance with theEuropean law found in Regulation (EC) No 593/2008 of the European Parliament and theCouncil of 17 June 2008 on the law applicable to contractual obligations (Rome I), as well asin Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July2007 on the law applicable to non-contractual obligations (Rome II).
The reason for which the Government Emergency Ordinance No 46/2013 regardingthe financial crisis and insolvency of administrative-territorial units is the fulfillment of theobligations assumed by Romania in order to reduce the overdue registered by theadministrative-territorial units to their suppliers of goods, services and works. The articleaims to analyze the general framework and the procedures regarding the coverage of theliability and the financial recovery of the administrative-territorial units which are in afinancial crisis or in insolvency, relating to the general framework for insolvency, namelyLaw No 85/2006, as well as the Law No 273/2006 regarding local public finances updatedand amended by Law No 13/2011.
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