Examen jurisprudenţial al soluţiilor Curţii Constituţionale şi al Înaltei Curţi de Casaţie şi Justiţie care au influenţat modificările noilor coduri (Civil şi de procedură civilă)

Dr. Dumitru DOBREV

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,...