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The normative act which regulates the Romanian citizenship is the Law No 21/1991, republished on 13 August 2010. Recently (on 15 September 2015), the Law on the Romanian citizenship No 21/1991, republished, has undergone important amendments and supplements brought by the Government Emergency Ordinance No 37/2015, an ordinance whose content is the subject of this study. -
In this study, the author examines the problems of granting in Romania the subsidiary protection for the asylum seekers in case of generalized violence in situations of armed conflict, stating that, according to the internal and international legal terminology, the subsidiary protection is a form of international protection from which the asylum seekers can benefit. In this respect there are presented: the legal framework – international, European and internal – in the matter, as well as the conditions of granting the protection in question for the asylum seekers in case of generalized violence in situations of armed conflict.
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By critically analyzing the foundation of the civil contract, in light of the provisions of the current Romanian Civil Code, in relation to the modern Western European legal doctrine, and by insisting on some obsolete and/or contradictory legal regulations of the new Romanian Civil Code, the author of this study, on the one hand, considers that the principle pacta sunt servanda has presently become a myth, that we are witnessing the constant decline of the autonomy of will in matters of civil contracts and, at the same time, a series of new developments as regards the limits of the contractual freedom, the legal regulation of unpredictability in the new Romanian Civil Code (Article 1271) being relevant in this respect. Finally, the author believes that the current Romanian Civil Code (of 2009) contains a number of inconsistencies and contradictory regulations under the mentioned aspects, for which reason he proposes, in conclusion, the recast of the Code as soon as possible, taking into account the numerous failures thereof.
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In this study, the author makes an analysis of the provisions of Article 2319 of the new Romanian Civil Code, which entered into force on 1 October 2011, a text according to which „the personal guarantee ceases to exist following the death of the personal guarantor, although there is a contrary stipulation”, in relation to the general rules of principle of the Civil Code regarding the death of a contracting party (the natural person), respectively the cessation of the capacity of use (in case of the legal person). It is mentioned that the solution regulated by Article 2319 of the Romanian Civil Code did not exist in the previous Romanian Civil Code (of 1864), being taken from the Civil Code of the Province of Québec (Canada).
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In this study, it is analyzed the direct action of the mandator against the sub-mandatary, in light of the new Romanian Civil Code (the Law No 287/2009, republished on 15 July 2011). In this respect there are examined successively: the direct action in the legal relations arising from the contract of mandate, both under the old Romanian Civil Code (of 1864, in force until 30 September 2011) and under the influence of the new Civil Code (in force since 1 October 2011); the liability of the mandatary towards the mandator; the problem whether the mandatary and the sub-mandatary are jointly liable or not; the effects of the direct action of the mandator against the sub-mandatary and others.
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In the context of the new legal framework existing after the entry into force of the Law No 85/2014, this study analyzes the final table of claims and the contestations against it, by emphasizing the notable differences as compared to the old regulation – the Law No 85/2006 – and the importance of the final table of claims over the debtor’s estate in the insolvency procedure, as well as the exceptional character of the contestations against it. The registration of claims in the final table of claims against the debtor’s estate is generating rights for the creditors, and, consequently, the analysis and the thorough study of how this is produced, of the content of the final table of claims, of the time of its registration and publication, as well as of the rights and obligations of the participants in this procedure are essential. The contestations against the final table of claims have an exceptional character and the conditions in which these may be formulated are strictly, expressly and limitatively enumerated by the law. Under these circumstances, this legal remedy is approached from the perspective of the persons who may have the legal standing to file the contestation, from the perspective of the time limit for their submission – which appears as a highly opportune legislative novelty for the stability of the procedure – and, finally, from the perspective of the exceptional situations which may lead to the admission of such contestation.
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With the entry into force of the current Criminal Code, the Romanian legislator has eliminated the mixed regime of sanctions made of punishments and educational measures, provided by the old criminal regulation, in favour of a regime of sanctions exclusively consisting in educational measures. By this study, the author subjects the provisions specific to the educational measures involving deprivation of liberty regulated by Chapter III of Title V of the Criminal Code to a thorough analysis.
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Introducing the provision on the administrative measure of non-voluntary hospitalization, provided in Article 315 (2) e) of the Criminal Procedure Code, has created confusion with regard to the cases in which this measure applies and to the cases in which the safety measure of medical hospitalization applies and, likewise, with regard to the jurisdiction of the court which orders one of these measures to be taken.
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The idea of this study has been inspired by obviously modest doctrinaire concerns in connection with the analysis of the legal regulations dedicated to the legal protection of „databases”. In fact, in the specialized literature, as a rule, the approaches usually do not exceed the level of reproduction of the regulations in the field or the subject is simply avoided. Probably this situation is determined, mostly, by the redundant style of wording the provisions of Articles 1221–1224 of the Law No 8/1996 on copyright and neighbouring rights and the provisions of Directive No 96/9/EC of the European Parliament and of the Council on the legal protection of databases. This normative situation should represent the spring of some normative doctrinaire measures deeply studied and it should by no means demobilize the analysis of the problems in the matter.
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This paper deals with the problems of establishing the garnishment when the debtor is the Romanian State itself. The analysis is carried out in the light of the provisions of Article 5 (1) of the Government Emergency Ordinance No 146/2002, republished. At the same time, it is also analyzed the lack of incidence of the provisions of the Government Ordinance No 22/2002 in case of this debtor.
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This study examines the problem of running of the period of extinctive prescription of the right to claim damages before the civil court, subsequently to the situation in which the prosecutor has issued an ordinance to dismiss, under the Criminal Procedure Code.
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In the practice of the courts there is a controversy on the problem of determining the litigants in the cases regarding the contestation against execution in relation to the sanction of performing a community service activity, whereas the prescription of execution of that sanction has occurred. This study, after stating all the facts, gives a solution therefor.
