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This study aims to briefly analyze the promise of sale with the three forms in which the promise is objectified: unilateral promise, bilateral promise, option pact. In the opinion of the author, the versions of the promise are separate legal entities, all preceeding the final contract, which can be regarded as preparatory stages of the final contract, in the process of its progressive elaboration. In the view of the Romanian legislator, but also of the dominant doctrine, the unilateral promise is essentially different from the option pact, contrary to the French doctrine and to a part of the Romanian doctrine. In the enforcement of the promise the author appreciates that the pronouncing of a judgment, which replaces the contract, is a way of exception of the enforcement in kind, not being possible for the court to substitute for the lack of consent for the final conclusion of the contract expressed in the form provided by law for the final act, of any of the parties. Therefore, in essence, the principle of contractual freedom shall prevail over the principle of its binding force. -
According to Article 247 of the Law No 187/2012 for the implementation of the Law No 286/2009, the Criminal Code entered into force on 1 February 2014. The new Criminal Code provides four articles for the regulation of the application of the criminal law in time: Article 3 refers to the principle of the activity of the criminal law, Article 4 regulates the retroactivity of the criminal law of decriminalization, Article 5 is devoted to the application of the most favourable criminal law before the final judgment of the case, Article 6 concerns the application of the most favourable criminal law after the final judgment of the case, and Article 7 is reserved to the application in time of the temporary criminal law. Throughout this study the author presents and explains the new criminal rules regulating the application in time of criminal law.
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În spațiul public românesc din ultimii patru ani, discuțiile referitoare la revizuirea Constituției au devenit atât de uzuale, încât riscă să bagatelizeze nu doar ideea de revizuire a Constituției, ci chiar conceptul de lege fundamentală. În marea lor majoritate, dezbaterile publice referitoare la necesitatea modificării Constituției au stat sub semnul unor viziuni personale și personalizate cu privire la rolul instituțiilor fundamentale ale statului. Cel mai adesea, opțiunile formulate de maniera cea mai vocală au avut ca punct de pornire situațiile conflictuale în care au fost implicate diferite autorități publice. În sine, această abordare, eminamente din perspectivă conflictuală, deși utilă și poate chiar necesară, este incompletă și insuficientă.
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Unlike the previous Civil Procedure Code, the current (Romanian) Civil Procedure Code regulates (as an exception from the rule of uniqueness of the judicial remedies of a judgment) the admissibility, in some situations, of filing an appeal ex novo during the judgment of an appeal ex novo, respectively, of filing the appeal on law during the judgment of an appeal on law. This study examines analytically this new conception and regulation of the current Civil Procedure Code (Law No 134/2009, republished), the author positively appreciating the new regulation in question.
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This article makes an analysis of the institution of putative marriage regulated by the provisions of Article 304 of the Civil Code which establishes an important derogation from the principle quod nullum est, nullum producit effectum. Therefore, there are raised for discussion the conditions of existence of the putative marriage and there are presented the effects of its nullity in the relationships between the former spouses, making distinction between the situation where both spouses acted in good faith upon the conclusion of the marriage and the situation in which only one of them acted in good faith, as well as in the relationships between parents and their children. The final part is devoted to the conclusions drawn from this study.
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This study analyzes the new structure of the judgment based on the guilty plea, describes the conditions of application of this simplified procedure in comparison with the previous regulation, the rules of conduct of the special judicial investigation, the solutions which can be issued by courts in order to solve the criminal action, all these by emphasizing the advantages or shortcomings of the new institution.
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This article deals with the legal status of founders of a company regulated by Law No 31/1990 in the light of differences between the founders de facto and the founders de jure. The main idea of this article is that, while the law makes various references to persons that acquire rights or benefits as a result of establishing a company without signing the setting up document, this means that such persons acquire, at the same time with the rights, a series of obligations as well. It therefore starts from the interpretation of some legal terms in order to determine which are the conditions in which the persons concerned acquire obligations, including in the light of the (British) comparative law. In conclusion, if the definition of founders de jure is a problem outside any doctrinal debate, the definition of the founders de facto requires some clarifications.
