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The present study will mainly focus on the typology of the action requesting the delivery of a judgment in lieu of a contract, taking into account some doctrinal and jurisprudential „misunderstandings” regarding the admissibility of this action during the period of application of the Civil Code of 1864. The analysis will take into account, in addition to the theoretical aspects of the subject, the case law developed on the substantive conditions of the action for a judgment in lieu of a contract. The selected judgments are mainly handed down by the District 2 Court of Bucharest, but relevant practice has also been identified in the case law collections dedicated to this topic. The purpose of analyzing the judgments is both to exemplify the theoretical notions and, above all, to highlight the way in which the legal provisions have been applied by the courts. [ABSTRACT FROM AUTHOR]

In recent decades, the spread of incriminations in the economic field has been very present. One of the reasons for this is the harmonization of national legislation with acquis communautaire. Bearing in mind the views of other authors, in this paper we started from the assumptions that a large number of economic crimes are unnecessary, because their legal description could be subsumed under the already existing crimes, that excessive criminalization can contribute to problems in practice and that procedural legislation often does not follow the changes in substantive criminal legislation when they are carried out by non-criminal laws, as well as when changing and reforming criminal legislation, crimes prescribed by secondary criminal legislation are generally ignored. Starting from the mentioned assumptions, we try to make recommendations for the further direction of the development of substantive criminal legislation, which, in our opinion, should follow the narrowing of criminal law interventionism in the economic area. In this paper we have analyzed the provisions of secondary criminal legislation, which precisely contain the shortcomings pointed out by the authors when analyzing the need to reform substantive criminal legislation. Therefore, in this paper the dogmatic-legal method is dominant, and special attention is paid to the analysis of the provisions of the Law on Tax Procedure and Tax Administration and the Law on the Capital Market.