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The author aims to discern the will of the legislator, expressed in the text of the art. 1856 of the new Civil Code, titled marginally “workers’ direct action”. This approach has led to some recent doctrinal views by which the direct action is recognized to subcontractors as well, including those who have the status of legal entity. The author argues that the mentioned legal text has to be interpreted as meaning to the recognition of the direct action only to certain individuals, i.e. to workers and subcontractors-individuals (the latter under certain conditions: working alone or employing workers, working with them to achieve the work / to render the services). In the study, certain practical situations are brought to light, in which the question of determining the holders of direct action is raised, in case of the subcontractor agreements. The author considers as possible, “de lege ferenda”, regulating a direct action both in favour of the subcontractors-individuals using workers and in favour of the subcontractors-legal entities, but only for the price of work/rendering of services which excludes the price of the workers’ activity. -
The Competition Law no. 21/1996 and the secondary regulations issued for its enforcement advise the parties involved in a merger, assessed as having serious doubts with a normal competitive environment, to propose to the Competition Council a number of commitments aimed at removing these doubts and ultimately lead to achieving a decision authorizing the notified transaction. The purpose of this article is to analyze, on the one hand, the current legal framework of the commitments which may be undertaken by the parties in the context of certain mergers, the procedure for the proposal, the undertake and the approval of the commitments and, on the other hand, the practice of the Competition Council on this topic.
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The article approaches some aspects of novelty enshrined in the new Code of Civil Procedure, absent in the old regulation. Thus, we examined and analyzed the provisions of art. 244 of the new Code of Civil Procedure, which establishes, as a general rule, the obligation of the court to grant a hearing date for the submission of written observations. The relevance of the art. 244 is also examined in relation to the prosecutor, the exceptions to the general rule are analyzed, as well as the possibility that the parties have to submit addenda to the written observations, upon closure of the debates, according to art. 394 para. (2) of the Civil Procedure Code. Finally, the court proceeding is reviewed in case the party declares a different remedy than that determined by the court, namely if the court decides a wrong remedy.
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This paper aims to address some issues encountered in the control/audit activity that the Romanian Court of Accounts performs on public authorities and institutions, which aims the disputes arising from breaching by them of the provisions of Law no. 544/2001 on free access to public information. The law provides, in art. 22, that the person who considers himself injured in his rights may appeal to the legal administrative department in whose territorial jurisdiction is residing or the authority or public institution is situated, and the court may require the defendant authority to provide the requested information and pay moral and/or property damages. The defendant in this litigation is the territorial administrative unit (village, town, city, county), and the obligation to pay any compensation falls to it.
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The article is based on a constant case law of the Constitutional Court of Romania where the expression of “interstitial rule” appears as a leitmotif. Under this rule, any rule of law of the European Union whose content is sufficiently clear, precise and unambiguous, and at the same time proves a certain level of constitutional relevance, will be applied within a compliance control operated by the constitutional court. Therefore, these conditions are examined in detail and also some legal proposition is designed to facilitate the situation of the direct “beneficiary” of such an enforcement – the European litigant.
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The sanction for the non-observance of the right of access to justice in the case of Iosif v. Romania, obliged the Romanian State to take the necessary measures to prevent similar breaches in the future. Undoubtedly, however, a non-unitary case law exists further in the matter of granting the public legal aid in relation to the bail. To allow the inadmissibility of the exemption or decrease of the bail amount – majority in practice – involves, in the author’s opinion, to accept the imposition of a real “obstacle” to the free access to justice. Therefore, the granting of the public legal aid regarding the stamp duty is futile as long as the possibility of granting the public legal aid in relation to the bail payment, is not recognized.
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In this study, the author examines whether after 1 October 2011 (when the new Romanian Civil Code entered into force), to what extent the creditor may enforce the shares (portions of the share capital of the limited – liability – company) belonging to its debtor, corroborating art. 66 of the Law no. 31/1990 on companies by Art. 1887 of the new Civil Code. One reaches the conclusion that the enforcement of the creditor on the shares in question is more illusory than real. That is, a number of de lege ferenda proposals are made, meaning that the right of enforcement on the debtor’s shares should change from a utopia into a reality.
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Potrivit art. 2781 alin. (8) lit. c) C.pr.pen., judecãtorul pronunțã soluția: „admite plângerea, prin încheiere, desființeazã rezoluția sau ordonanța atacatã și, când probele existente la dosar sunt suficiente, reține cauza spre judecare, în complet legal constituit, dispozițiile privind judecata în primã instanțã și cãile de atac aplicându-se în mod corespunzãtor”(cu notã criticã).
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In this article, the author makes some observations about the documents necessary to carry out the real estate publicity formalities as a result of the division of a company. The non-unitary practice of courts and offices of cadastre and land registration in respect of the documents which require to be authenticated for validity and tabulation purposes lead to a non-unitary notarial practice, as well. Dissenting opinions appearing on the transfer of ownership basis and on the time of this transfer, lead to different views on the legal nature of notarial documents processed, which is reflected finally in the taxation field. This study supports the contractual nature of a division, and the manifestations of the final will are expressed, in principle, by the decisions of the general meetings of the companies involved in the division, by which they approve the terms of the transaction. That is, in the author’s opinion, in case of the transfer of real property right, these decisions require to be authenticated.
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The article analyzes the specific references that an offence notice has to contain compulsorily, stating an offence of the regime of driving on public roads. Although the elements of the road traffic report shall be determined by the framework law in the contravention matter, respectively the Government Ordinance no. 2/2001, the specificity of the road traffic offenses require certain specific features of these notices, especially about the description way of the act recorded as an offence, about the legal classification of the offense and the application of additional sanctions.
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ACȚIUNE CIVILÃ. ASIGURÃTOR DE RÃSPUNDERE CIVILÃ În conformitate cu dispozițiile Legii nr. 136/1995, instanța dispune obligarea asigurãtorului de rãspundere civilã, în mod direct, în limita obligației sale contractuale, la plata despãgubirilor cãtre partea civilã (Înalta Curte de Casație și Justiție, Secția penalã, decizia nr. 3405 din 23 octombrie 2012).
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The public order provisions supplement the law of parties. Their relevance is optional and subject to the compliance of the behaviour of the party at fault. In case of non-compliance, specific responsibility for European funds for the public procurement contracts financed from these funds is the legal means that will restore the contractual order. This specific responsibility represents a legal “lever” which allows to the state bodies to intervene in any situation and whenever it finds irregularities in the management of the European funds. The way of creating the legal liability relationship raised more controversy, whose substance will be displayed below.
