The following study constitutes a historical outline of the evolution of Romanian civil procedure in the period between 1918 and 2013 from the perspective of the norms applicable in Transylvania as part of Romania. Romanian civil procedure in the period immediately after 1918 presented a diverse picture, with several procedural regimes applicable in the same country at the same time. This raised the necessity of unifying procedural norms, at first attempted by recodification and later accomplished by the extension of the Code of Civil Procedure of the Kingdom of Romania to Transylvania in 1943. As the Soviet-type totalitarian regime was consolidated in the late 1940s, a reform (much rather a recodification) of civil procedure occurred in the new spirit of the age, which, along with subsequent norms led to the reduction of judicial remedies and the introduction of a ‘lay element’ into the process by the presence of assessors, and it also increased the role of public prosecutors during the civil trial. Following the 1989 regime change, civil procedure in Romania at first, before a comprehensive reform, reverted to historical models, and then finally recodification was achieved.
The possible impacts of artificial intelligence (AI) on the modern world constitute a complex field of study. In our analysis, we attempt to explore some possible consequences of the utilization of AI in the judicial field both as regarding adjudication, formerly exclusively reserved for human judges, and in the rendering of legal services by attorneys-at-law. We list the main factors influencing technology adoption and analyse the possible paths the automated management and solution of disputes may take. We conclude that the optimal outcome would be a cooperation of human and artificially intelligent factors. We also outline the conditions in which, following the abandonment of the principle of procedural fairness, AI may be directly utilized in judicial procedure. We conclude that big data solutions, such as social rating systems, are particularly concerning as they constitute a conceivable modality of deploying AI to solve litigious disputes without regard to fundamental human rights as understood today.
The following contribution constitutes a short primer for the studies contained in the present issue of Acta Universitatis Sapientiae – Legal Studies. We present the historical, legal, and administrative context for the development of private law in the geographic region known as Transylvania during antiquity and the Middle Ages. We make reference to the major questions of private law which shall be analysed by the various authors of this thematic issue.
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