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An application of the new technologies has involved a modern regulation, and the European states have received the electronic form of the patient file and have transposed it into a relatively recent regulation, and the novelty of the problems and the strict dependence on the IT platforms have led to successive changes in the legislation, at the level of several states. Adjustments, correlations, adaptations took place at the law-technology border, in relation to the „physical” reality of the national medical system. The electronic health file does not have the role of replacing the „classic” file, in written form. The latter remains in the circuit of the health system and preserves its usefulness, and the medical act is not conditioned by the existence of an electronic file. From the DES perspective and for the usefulness of the approach undertaken, some guarantees of the protection of private life and personal data were verified. The secrecy of the data concerning health is no longer just a „privacy” between the patient and a limited number of people, but is „displayed” on an IT platform, to which several natural persons/entities have access, the technical access key (matrix, user, password) is entrusted to the users through the administrator, given that the Internet is an environment susceptible to the generation of security breaches. Granting access to the entire electronic file implies that the medical staff is aware of all the information and all the health problems of a person. The secret becomes a „shared” one and the central problem (of the patient) is the control – over the private life, over their own personal data, over the information that, otherwise, they would not want to be disclosed in a virtual environment. At issue is not only a balance between public interest (public health) and private interest or between personality rights that can end up in a conflicting position. If it will be proven that the interest of the medical care coordination prevails over the patient’s acceptance, then the electronic file will remain outside the true control of its owner. But, if, on the contrary, the patient has the prerogative of control (with justified, strict, limiting exceptions), then his right to limit access to the file will be recognized. -
The loss of the chance to obtain an advantage or to avoid a damage represents a new form of reparation of prejudice regulated by the Civil Code, enshrined by the provisions of Article 1385 (4) of the Civil Code, and represents a distinct category of prejudice reparable by engaging in tort civil liability, which concerns those negative consequences directly caused by the commission of an illegal act that consist in missing the real and serious possibility of the occurrence of a favourable event for the victim’s life, which could have brought him fulfilment in his personal or economic life by the carrying out of some projects. Therefore, the loss of a chance means the loss by a person of the possibility to achieve a gain or, as the case may be, to avoid a damage, which may result in causing a prejudice to that person. De lege lata, we mention that the prejudice caused by the „loss of the chance to obtain an advantage” can be invoked within the framework of tort (extra-contractual) civil liability, but also in the field of contractual civil liability whenever by the non-fulfilment of the legal or contractual obligations such consequences have occurred. This prejudice could be claimed both by the direct victim of an illegal act and by those close to them if they prove that they suffered, through ricochet, such a prejudice. In order to have a reparable prejudice, the chance of occurrence of the favourable event for the victim must be as real as it is serious, which is assessed differently, whether or not the victim was in the process of taking the chance at the time when the event that compromised the possibility to achieve it occurred, and this prejudice must be in a direct causal link with the illegal act committed by the responsible person. The assessment of the chance shall be carried out in relation with two criteria, namely the examination of the circumstances in which the illegal act was committed, on the one hand, and the special situation in which the victim was at that time, on the other hand. With regard to the features of the prejudice, we specify that it must be certain (certain, unquestionable) and real (undeniable, effective, indisputable), and not an eventual one (possible, probable), the loss, therefore, must be actual.
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The study addresses a field of great practical interest, that of traffic contraventions. The perspective is one that combines in a balanced manner the doctrinal elements with the jurisprudential ones, the author proving a very good knowledge of the points of debate and of divergence in this matter. In the study there are included also elements that serve to differentiate the contravention from the offence, with references to the doctrine that has addressed this issue, but also the analysis of the most common differences of opinion, of interpretation and of application of the law. Among these there are: the forced intervention in the matter of the settlement of contraventional complaints, the balance between the presumption of innocence of the petitioner and the presumption of legality of the official report of the contravention, as well as the difficulties in establishing the judicial truth in the matter of contraventional complaints.
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The study briefly analyzes the status of the deputy mayor in relation to the status of the public administrator in order to debate a possible conflict between them. The similarities and differences between these two functions are highlighted. The delegation of attributions by the mayor is discussed from the perspective of the possibility for the mayor to appoint like substitute the public administrator during his vacation. There are three situations provided by law in which the deputy mayor becomes the legal substitute of the mayor presented in detail in the study: the vacancy of the position of mayor; the suspension from office of the mayor and the cases of impossibility to exercise the mandate by the mayor. In any other situation, there is no legal provision for the deputy mayor to become the legal substitute for the mayor. Two issues need to be debated in this context, namely: identification of the status of the public administrator in the public administration staff and like a consequence, the legal nature of the management contract concluded by public administrator with the mayor. Finally, it is argued the impossibility of suspending the addendum to the management contract, under the conditions of Article 14 of the Law on Administrative Litigation.
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The error of random distribution of a civil case refers, in the matter of means of appeal, unlike the scenarios in which it is necessary to qualify or requalify a means of appeal, only the situation where the will of the party exercising the means of appeal is disregarded, respectively it is not registered on the role of the court of judicial control and, subsequently, randomly distributed the means of appeal exercised by the party, but another means of appeal, due to a genuine error occurred at the time of the registration of the means of appeal or, as sometimes happens in the judicial practice, because at the time of the registration of the means of appeal it is assessed that the party did not exercise the means of appeal provided by law, thus proceeding to the registration of the means of appeal provided by law, which should have been exercised by the party, and not of the means of appeal that was actually exercised.
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The modalities of the obligations, the time limit and the condition, are of several types and with different legal regimes (Articles 1004–1025 of the former Civil Code, respectively Articles 1399–1420 of the new Civil Code). The legal regime of these modalities is generally known by jurists, the modalities being frequently encountered both in the domestic and international commercial activity, as well as in the judicial practice and in the arbitration one. We do not intend to examine the legal regime of these modalities, with problems too rich for a simple review study, but only to question the purely potestative condition (Article 1009 of the former Civil Code and Article 1403 of the new Civil Code), which, as a rule, does not produce legal effects. However, there are, admittedly, rare cases in which such a condition still produces legal effects. We encountered such a case on the occasion of some international rental contracts, for which we were requested a legal opinion, and we considered that it would be useful that the legal issues raised by the case to be brought to the knowledge of the practitioners of the law.
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This article examines the fiduciary property through a historical and comparative analysis of the legislation and doctrine of Québec, France and Romania. The contemporary fiducia ought not to be confused for the Roman fiducia, whose name it borrowed. As a result of the reception of the Anglo-American trust in the mixed legal system of the Canadian province of Québec, the fiducia has been the subject of subsequent legal transplants into the continental tradition. The Romanian legislator, inspired by its French counterpart, took over the restrictions brought to the fiducia in said legal system. In the matter of real rights, this legislative option also meant the rejection of the doctrine of an ownerless patrimony, an innovation of the legal system of Québec, in search of a continental instrument to replace the division of title between the legal holder (trustee) and the equitable one (beneficiary), as enshrined in the Common Law tradition. Commenting on the solutions proposed within French legal literature (including the classification as a method of ownership or even as a result of dismemberment), the author argues that only a combination of them may fully explain the mechanism of the fiduciary ownership. In essence, the fiduciary owner acts like a true owner, but by virtue of a title held under a resolutive condition, while the beneficiary enjoys a virtuality of law in his capacity as an owner under a suspensive condition. However, the constraints to which the right of ownership transferred to the trustee is subject, in terms of its exclusivity and perpetuity, may be explained by the fiducia contract itself, the effects of which are assimilated to the conventional limitation operated, for example, through an inalienability clause. In other words, the fiduciary owner may be considered an owner under a resolutive condition, yet he remains subject to the conventional limitations brought upon by the very nature of the fiduciary operation.
