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The new regulation in the civil matter, as represented by Law no. 287/2009 on the Civil Code, adapts quasi-totally the institution of the acceptance of the inheritance. In this context, this study intends to examine the problem of the acceptance of the inheritance, a valence of the law on succession option, in all the matters it comprises, to reveal the novelties brought by Law no. 287/2009 in this matter and to assess their usefulness and opportunity. -
The rental of safe deposit boxes shall be regulated by the Civil Code (Law no. 287/2009) within the banking agreements, together with the current bank account, deposit and credit facility. The above mentioned regulation makes obvious a special agreement, customized by its content, different from the civil deposit and from the rental. Being concerned with the protection of the client’s valuable goods, the legislator allocates a larger space to the access to the safe deposit box – voluntarily or in a forced way (art. 2197-2198). This study examines the rental of the safe deposit boxes according to the Civil Code in the classical way of approaching the agreements.
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In the new context of legislation, the procedure of administrating evidence by lawyers or by legal advisers may represent an alternative to the classical method of administration by the court of evidence, increasing the chances of solving the dispute amicably. The procedure of administrating the evidence by lawyers or by legal advisers will be held according to a program approved by the court, in which the deadlines are set for administrating the evidence, taking into account the volume and complexity of them.
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The new Criminal Code, adopted by Law no. 286/2009, sanctions the fact of the clerk who claims or gets sexual favors, in order to accomplish an action in compliance with his job duties, or opposed to them, or standing on or taking advantage of his authority or superiority over the victim, arising from the title he holds. -
This study examines preliminarily the documents upon which the Court of Accounts concretizes its activity, and it analyses further in a detailed manner the remedies at law against these documents, by emphasizing the non-unitary case law in the matter, namely: if the law court is competent in the first instance (the Administrative and Fiscal Section), and the Court of Appeal is competent in the second appeal (the Administrative and Fiscal Section) or, on the contrary, the Court of Appeal (the Administrative and Fiscal Section) is competent in the first instance, and the competence shall belong to the High Court of Cassation and Justice in the second appeal (the Administrative and Fiscal Section). Based upon a comprehensive analysis the authoress points out that the last solution shall be legal.
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The mechanism of constitutional review plays an important role in the development of the normative system. It prevents the Parliament and the Government to adopt unconstitutional laws or ordinances and, at the same time, it stimulates them to edict normative regulations in accordance with the provisions of the Constitution. In what concerns the legislative omissions, the Constitutional Court of Romania is not competent to modify or to supplement the provisions under review, following the classical theory of ‘negative legislator’. Despite of a vast case-law that reflects this rule of conduct, a new and more flexible approach appears to be more effective in correcting the constitutional deficiencies. Pointing out the lack of constitutionality due to certain legislative omissions is what brings the Constitutional Court of Romania closer to the other European jurisdictions of constitutional review.
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Romania, by adhering in July 1961, to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, adopted in New-York as at 10 June 1958, on that occasion formulated a reserve, in the sense that our country shall enforce the Convention „only to disputes arising from lawful contractual or non-contractual relations being deemed as commercial by the national law”. Since as at the 1st October 2011 the current Romanian Civil Code entered into force (Law no. 287/2009, as republished as at 15 July 2011), as well as Law no. 71/2011 for the enforcement of the current Civil Code, both of them having a monist character (without considering the commercial law as an autonomous discipline of law), but recognizing further the category of merchants (a component of the professionals’ category) the authoress considers that, on one hand, the above mentioned reserve shall be construed as referring exclusively to the legal relations among merchants, and, on the other hand, as opposed to what the law is, that Romania is about to waive the concerned reserve at issue in the future.
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Trying to integrate the precautionary principle in the law of torts is a challenge that took the author back to the origins of tort law: responsibility and its etymological, philosophical and juridical roots. The findings of this intellectual endeavor envisage the expansion of tort law towards new dimensions of time, space and human relationships. With a shift of perspective, from the past towards the future, tort law reinvents itself by facing uncertainty, by reforming its mathematics and rediscovering its guiding principles. The goal of this study is to establish the principles and conditions of preventive tort law, the civilian tort law expression of the preventive and precautionary principles.
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In this study the author examines the recent changes to the legal status of free movement on the Romanian territory of the citizens of European Union Member States, European Economic Area and of the Swiss Confederation citizens through Law no. 80/2011, checking also their compatibility with the provisions of the Directive no. 2004/38/CE on free movement and residence of the EU citizens and of the family members on the territory of the member states and, when it is required, the way of reporting them to the legal status of the foreigners in Romania.
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The diplomatic activity of the states may have a highly positive part in the normal course of the development of international relationships, so that certain disputes or other negative consequences may be prevented in fields of common interest, such as: the observance of the right to self-determination of the states, the limitation of environmental pollution, the correct usage of natural resources, the fight against terrorism or the enforcement of international treaties.
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In the general context of the biodiversity preservation and of the protection of nature, an important issue shall remain that related to the animals’ rights, as a way of defense and preservation of this essential component of biodiversity. The author reveals that recognizing and guaranteeing these rights shall remain, however, a process in full development, extremely difficult and complex, which supposes to take into consideration certain different values: ethical, biological, environmentally friendly, legal, and so on. Its current stage of development is the result of certain overlong evolutions, is characterized by certain aspects and expresses a series of trends of future developments. However, the continuous and most of the times improvised adjustments and readjustments feed the legislative chaos and implicitly, a contradictory case law in the matter.
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This article proposes to examine certain aspects related to the incompatibility of the criminal investigation bodies and of the prosecutor within the criminal lawsuit. The authors take into consideration mainly the incidence of incompatibility cases in the stage of preliminary acts, emphasizing the case of incompatibility set forth in art.48 paragraph (1) letter d) of the Criminal Procedure Code. Through their scientific undertaking, the authors try to demonstrate that incompatibility concerns, to the same extent, both the stage of criminal prosecution, and the stage of preliminary acts. Likewise, the scope of the above mentioned incompatibility case and the decision related to its prosecution are examined from the perspective of the provisions of the (European) Convention for the protection of human rights and fundamental freedoms and of the case law of the European Court of Human Rights, as well as in the light of the provisions of the new Criminal Procedure Code.
