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I herein want to emphasise the prerequisites of the resolution of a contract according to the Romanian Civil Code of 2009. The prerequisites of the resolution of a contract are substantially different from those identified under the former fundamental civil legislation (the Romanian Civil code of 1864). This study aims at a better understanding of the new prerequisites of the resolution of a contract: a. a fundamental non-performance of the obligation; b. an unjustified non-performance of the obligation; c. mora debitoris The analysis of these prerequisites reveals a new possible trait of the resolution: a remedy for the non-performance of the contract rather than a sanction or a variety of contractual liability. Thus the modern legislator of the Romanian Civil Code of 2009 proposed to partially change the physiognomy of the resolution of a contract, different from the former institution and here we are in front of a new law institution. The resolution of a contract under the Romanian Civil Code of 2009 is regulated under The 5th Book – The Obligations, The second chapter – The enforcement of the Obligations, The 5th Section – Resolution of the Contract, respectively under the Article 1549 – 1554. As will be shown below, the resolution of a contract has a homogeneous structure without being spread in different parts of the Civil code. The earning lies in the action of organism the new legal provisions, apparently enriched in comparison to those found in the Romanian Civil Code of 1864. Most notably, the Romanian Civil Code of 2009 preserves the Roman legacy. The modern legislator had a difficult task: 146 years of legal doctrine and jurisprudence transposed into a new legislation which, of course, has its flaws. Nevertheless, it should be praised, as it encompasses useful tools to regulate social relations

Based on a dysfunction detected during the surrender of a pursued person under the European Convention on Extradition, the European Union instituted a new procedure that is the European arrestwarrant. Because initially the provisions of the Framework Decision 2002/584/JHA did not provide clear legal rules regarding which procedure to follow if the wanted person was not present at the trial, this situation was observed also by the European Court of Human Rights, it was amended and supplemented accordinglyby adopting the Framework Decision 2009/299/JAI. The evaluation of the provisions of both acts highlights the existence of some incomplete legal rules, which in time they will cause some dysfunctions regarding the issuing and the enforcement of a European arrest warrant. We also consider modifying and expanding thelegal rules relating to mandatory and optional reasons for the refusal of enforcement of a European arrest warrant, and the inclusion of educational deprivation of liberty measures in the category of the reasons that justify the request of the execution of a European arrest warrant. The originality of the work results from the analysis of the recent changes of the European legislative framework document and the critical opinions expressed about some stipulations, which in our opinion are incomplete. The paper can be useful not only for the Romanian legislator, but also for the European one, from the perspective of modifying the concerned legalacts and also the doctrine. It has a major importance in this domain for ensuring an area of freedom, security and justice in the European Union.

The European arrest warrant is the most important form of judicial cooperation in penal matters within the European Union, which is based on the mutual recognition of criminal judgments. The Europeanlegislative act that governs the institution is the Framework Decision no. 2002/584/JHA of 13 July 2002 on the European arrest warrant and the surrender procedures between Member States, amended and supplemented by the Council Framework Decision of 2009/299/JAI February 26, 2009. Although the first piece of the European legislative act has been transposed into our legislation by the Law no. 302/2004 on international judicial cooperation in criminal matters, with subsequent amendments, the modifying normativeact has not been transposed into national law. The research conducted on the depositions of special law and of the European legislative act, and especially on their implications in the internal and European judiciary practice, demonstrates the existence of some incomplete stipulations, secures the workability of the issuing,transmission and identification, pursuing and handing over the persons wanted by the Romanian judicial authorities in the Member States. A very special situation which is determined by the omission of national and EU legislator, in order to include the category of the persons submitted to the handing over and the minors against whom it was applied an educational and a deprivation of liberty measure, a situation which leads directly to the non execution of such sanctions of the minors. The originality of the work consists of the critical observation and also the proposals of lege ferenda which covers both the Romanian special law and also the European legislative act. At the same time the critical observations are useful not only for Romanian legislator who intends to supplement and modify the special law, but also for our doctrine.