In the field of contracts, the Romanian private law system underlines the presence of the principle of good faith in each phase of a contract, starting with the negotiation and ending with the performance of the obligations. Moreover, the Civil Code and doctrine also talk about good faith in the context of termination of the contract, when the parties have to choose between legal remedies. When it comes to breaking this public order obligation doctrine brings into question the existence of abuse of right. 

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The present article aims to single out the legal implications of the situation in which a person decides to acquire a guard dog in order to protect himself/herself from possible threats. Staying alive is our basic daily task. Therefore, not surprisingly, humans resort to a multitude of mechanisms for protection in order to feel safe. The argumentation will be built by analysing a particular case that raises legal issues in the field of both criminal and civil liabilities in the Romanian legal system.

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1. Context. The social dimension of a state represents, unquestionably, the foundation of its very existence. As a subject, cause and mobile of the act of governing, society justifies the creation, implementation, maintenance and constant evolution of one of the largest known socio-political institutional structures – the state. As such, society consists of ‘a unitary and complex system of human interactions’ (Muraru & Tănăsescu, 2011, p. 1 sqq), which ‘can exist, develop and that can exercise its power only in and by the means of organised structures’ (ibid).

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This article focuses on a comparative analysis, in the light of the principle of availability, of some civil procedural law institutions, particularly important in the economy of a proceeding for the parties involved. It shall consider the acts of disposition of the plaintiff and the defendant presented in an antithesis. The purpose of this paper is to present the advantages and disadvantages of each institution as well as the implications for the parties of a civil proceeding.

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