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Având în vedere că reclamanții au solicitat desființarea unor acte de reconstituire a dreptului de proprietate privată pe calea acțiunii prevăzute de art. III din Legea nr. 169/1997, Curtea a constatat că, în lipsa unor norme de stabilire a instanței competente în cuprinsul acestei legi speciale, se va aplica Codul de procedură civilă. Dat fiind obiectul cererii (constatarea nulității absolute parțiale a unui titlu de proprietate emis în temeiul Legii fondului funciar nr. 18/1991), Curtea a constatat că, sub aspectul determinării instanței competente, se aplică criteriul valoric, astfel că prezentul conflict urmează a fi soluționat în raport de pragul legal de 200.000 lei, prevăzut la art. 94 pct. 1 lit. k) C.pr.civ. Determinarea instanței competente material în cazul cererilor imobiliare se face doar prin raportare la dispozițiile art. 104 C.pr.civ., nu și la prevederile art. 31 alin. (2) din Ordonanța de urgență a Guvernului nr. 80/2013, întrucât acestea din urmă nu instituie reguli speciale de competență, ci cuprind norme de stabilire a cuantumului taxei judiciare de timbru. -
The study addresses good faith as a uniform, but flexible, multi-faceted concept within contractual relationships. After analyzing the ambivalent character of the concept of good faith, in antithesis to the abuse of law in the form of bad faith and contractual wrongdoing, the study leans on the functions of good faith, which materialize the principle at its institutional and formal dimensions, namely the interpretative function of contracts, the completive, moderating or limitative, and adaptive function. In approaching the contractual illicit and the bad faith, as a basis of contractual liability, the study shows that good faith is a standard in quantifying them, and the legal language of good faith is a supreme norm of the contractual law, in a means of contractual jurisdiction, meant to limit the principle of contractual freedom.
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In this article, we analyze the stages of adoption and repeal of the Law No 169/2017, in relation to the dynamics of the level of employment of the penitentiaries and the ECHR jurisprudence. We identify the main undesirable effects of the application of the compensatory appeal, determined by the abrupt redefinition of the paradigm for the execution of the sentence of deprivation of liberty, with implications including on the (re)integration of the post-detention.
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Formalism in Roman law prevails in all its branches, starting with the court procedure and ending in the interpersonal relations. Its role was to ensure the validity of consent and the procurement of evidence. The legal act in the Roman law was practically non-existent. The Roman legal documents received the proper form after the practice, according to the existing customs. It was the custom that dictated the form which any instrument meant to produce concrete legal effects, but also future legal effects, had to have. The legal report was formed through gestures and religious formalities, which gave rise to principles that ensured the optimal functioning of the legal system related to the context of that age. The updating of the formalism was required when there was an obstacle in achieving the goals of public and private order. The need to change the private law emphasized by the subjects of a legal relation and imposed by the economic evolution of trade has transformed a formalism that had its origin in religion, into a formalism dictated by current practices. In the current law, the civil legal act is born by the express manifestation of the will of the subjects of law, a will that must take a certain form. The observance of the form is ensured by the procedural formalism imposed by the legal norms in force. The present study analyzes the formalism of the Roman law and its imprint in the formation of the legal act from the positive law
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The topic covered in this study is related to one of the few polemics that took place in the pages of the Romanian Law Magazine in the ’80s. In Issue 1/1987 of the magazine, Octavian Cojocaru criticized in the study „Judicial rehabilitation. Application made by the spouse or close relatives, after the death of the convicted person, before the execution of the sentence” a correct sentence of the Suceava County Tribunal, pronounced in 1985, in disagreement with the provisions of the Criminal Code in force at that time and against a decision of the Supreme Tribunal, according to which the convicted person who had died before the execution of the sentence could no longer be rehabilitated. Later, in 1988, Valeriu Ciucă, a judge at the same Suceava County Tribunal, published in the same magazine a critical article related to the case law note signed by Octavian Cojocaru, which shows, with solid arguments, that the decision pronounced by Suceava County Tribunal was correct from a juridical point of view.
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On 4 June 2020, Romania marks the Centenary from the signing of the Peace Treaty of Trianon. An essential page of the history of the Romanian nation, which took the form of a peace treaty concluded by the Allied and Associated Powers, including Romania, with Hungary, as the successor state of the Austro-Hungarian Empire, a state defeated in the World War I. By the content of this peace treaty, the Great Powers recognized the Union of Transylvania (and of the Eastern part of Banat) with Romania, respectively the sovereign will of the Transylvanian Romanians expressed by means of plebiscite on 1 December 1918 and, respectively, the Resolution of the National Assembly from Alba Iulia. The Treaty of Trianon has enshrined the realization of the right to self-determination of the nations of the Austro-Hungarian dualist monarchy. For Romania, the mentioned Peace Treaty meant not only the international legal recognition of the Union of Transylvania with the Motherland, but also the confirmation of the political and civil rights of the Romanians who constituted the majority population in this territory.
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The author notes that the right to retirement implies two prerogatives of a different nature: belonging to a professional status, part of the individual’s personality (professional or social) and the power to request and receive a monthly money allowance, a patrimonial component. In relation to the theoretical premise stated, it was set the moment of the birth and efficiency of the law, as well as the legal regime of the magistrates’ service pension; we are dealing with a right affected by a double modality: a suspensive condition consisting of three cumulative elements (age, seniority in the judiciary and deontological conduct) and a suspensive term. The applied model, deduced from the concept of civil obligation, then indicates the limits in which the new law may affect the magistrates’ pension, as a result of governmental contribution or gratuity; the theoretical approach offered solutions to indicate the limits within which magistrates’ pension rights can be limited, abolished or taxed.
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Conflictul negativ de competență este reglementat de art. 133 pct. 2 din Codul de procedură civilă, ce stabilește că există conflict de competență când două sau mai multe instanțe și-au declinat reciproc competența de a judeca același proces sau, în cazul declinărilor succesive, dacă ultima instanță învestită își declină la rândul său competența în favoarea uneia dintre instanțele care anterior s-au declarat necompetente.
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Potrivit art. 404 alin. (4) C.pr.pen., dispozitivul trebuie să mai cuprindă, după caz, cele hotărâte de instanță cu privire la: ... g) restabilirea situației anterioare; i) rezolvarea oricărei alte probleme privind justa soluționare a cauzei. Conform art. 25 alin. (3) C.pr.pen., instanța, chiar dacă nu există constituire de parte civilă, se pronunță cu privire la desființarea totală sau parțială a unui înscris sau la restabilirea situației anterioare săvârșirii infracțiunii (cu notă parțial aprobativă).
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In this study, by an inductive method, we will try to address the problem, the solution and the arguments that could be found in certain situations where there is a disagreement between the category of use of a land classified as forest and its actual legal situation, disagreement which unreasonably generates limitations of the right to build on the land in question. In case a land has mentioned in the title of property the category of use „Forest” (Pd), but this land does not actually meet the legal conditions provided by Articles 1, 2, 19 (1) and Article 20 (2) of the Law No 46/2008 on the Forest Code in order to be considered forest, in order to be part of the national forest fund and in order to be mandatorily subject to the regime of a forest arrangement, then this land must be considered only a land with forest vegetation outside the national forest fund or a simple land not subject in any way to the provisions of the Law No 46/2008 on the Forest Code, for which it is possible to request the change of the category of use according to Article 24 (1) and (2) of the Law No 46/2008 on the Forest Code.
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100 years after their conclusion, the Paris Peace Treaties of 1919–1920 are both an important event in history and a founding moment of modern international law. Ending World War I, they have legally established the new state-political realities resulting from the application of the principle of nationalities and the exercising of the right to self-determination by the peoples oppressed by the great European empires, which have led to the emergence of new states or to the consolidation of other existing ones. The new European and international order was founded primarily on the law, the organization of peace and the maintenance of the status quo being entrusted, according to the Covenant, to the League of Nations, the first international institution with universal vocation. New principles of international law have been prefigured, the national state has become the main topic of international life, the subregional collective security organizations (Little Entante, Balkan Pact) have played an important role in the international balance. The legal inheritance of the time 1919–1920 was expressed after the World War II through the Charter that laid the foundations of contemporary international law and the U.N.O. (1945). The Treaty of Versailles with Germany (1919), as well as that of Trianon with Hungary (4 June 1920) are the treaties whose territorial clauses have historically withstood being taken over by the Peace Treaties of 1947 and enshrined by subsequent relevant international acts. The Treaty of Trianon, by its territorial effects, has become the subject of a sustained and permanent action of revisionism by Hungary and anti-revisionism, as a reaction from the other states whose borders have been established thereby.
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The Treaty of Trianon between the Allied and Associated Powers and Hungary was signed on 4 June 1920 and dramatically changed the political map of Central Europe. Although the system of treaties concluded at the Paris Peace Conference did not prove viable, the political-territorial order created at Trianon – an expression of peoples’ right to self-determination – has survived. The present text aims to examine the circumstances of the conclusion of the Treaty of Trianon, its content and its long-term effects on the central European political order. Finally, the author makes a general evaluation of the Romanian-Hungarian relations in the light of their relation to the provisions of this Treaty.
