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Questioned by an alleged absence of their own method and investigation field, legal science and research are fully legitimised in reality. Legal doctrine research deals with formal sources of law, and results in deduction and explanation of legal rules. Legal scientific research deals with legal rules in force from a formal point of view and refers to the legitimation (delegitimation) of legal rules of substantial law; its method is the deduction of general principles of law as a specific normative subsystem within the social system and the relation of the legal rules to these principles. -
Pursuant to Article 65 (1) of the (Romanian) Labour Code, the dismissal may occur for reasons not related to the employee in case the workplace held by the employee has been dissolved, for one or more reasons not related to the employee, and paragraph (2) of the text stipulates that the dissolution of the workplace must be effective and must have a real and serious cause. In this study, the author exhaustively examines the diverging opinions (solutions) in the doctrine and the case-law from Romania concerning the meaning and the scope of Article 65 (2) of the Labour Code and, then, firmly considers that, in the event of litigations, the law courts are obliged to examine not only the formallegal aspects of the measure of dismissal in the given situation, but also the opportunity of such measure, therefore, in other terms, the reality and the seriousness of dismissal (by the employer) for the reason of dissolution of the workplace held by the employee. -
In this study, by analyzing the legislation in force concerning the remuneration of the budgetary staff paid from public funds, including the special legislation referring to the remuneration of the staff from public education, the author reaches the conclusion that, until the adoption of some new legal provisions (regulations) on this matter, the auxiliary teaching staff from (university and pre-university) public education, which, until 31 December 2009, legally benefited by a wage additional payment for dangerous or harmful conditions, is entitled to continue to receive this additional payment, if the activity is further carried on under the same conditions (dangerous/harmful).
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The penal clause gives the advantage of leaving to the parties, and not to the law court, to fix the amount representing compensation for the damage incurred, this way the parties being informed, from the time of conclusion of contract, on what and how much the costs would be if they fail to fulfil the obligations assumed, being, from this point of view, a mechanism not only of defense against the consequences of a damaging non-performance, but also of constraint, both legal and moral, not allowing the parties to hope that, maybe, they will not pay or will pay much less for „breaking” the contract. This study examines the functions of the penal clause, namely the function of guarantee of performance of obligations, the function of mobilization of the debtor to perform its obligations, the sanctioning function and the compensatory function. At the same time, the study analyzes the consensual, incidental, sanctioning and reparative nature of the penal clause, as well as the legal nature of this type of clause.
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Acquiring of the status of full member in the European Union by Romania has also generated the allocation towards Romania of European funds through financing contracts for the purpose of achieving projects of national interest. Considering the ambience of the domestic regulatory framework harmonized with the EU legislation, this study provides an analysis of the legal nature of such financing contracts, as well as of the complex and controversial problems of liability of persons involved in the management of European funds.
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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.
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Potrivit prevederilor art. 6 alin. (4) C.civ., prescripțiile, decăderile și uzucapiunile începute și neîmplinite la data intrării în vigoare a legii noi sunt în întregime supuse dispozițiilor legale care le-au instituit, iar potrivit art. 204 din Legea nr. 71/2011 dispozițiile art. 2539 alin. (2) teza a II-a C.civ. se aplică și în cazul cererii de chemare în judecată sau de arbitrare introduse după intrarea în vigoare a Codului civil. Conform art. 2539 alin. (2) C.civ., prescripția nu este întreruptă dacă cel care a făcut cererea de chemare în judecată sau de arbitrare ori de intervenție în procedura insolvenței sau a urmăririi silite a renunțat la ea, nici dacă cererea a fost respinsă, anulată ori s-a perimat printr-o hotărâre rămasă definitivă. Cu toate acestea, dacă reclamantul, în termen de 6 luni de la data când hotărârea de respingere sau de anulare a rămas definitivă, introduce o nouă cerere, prescripția este considerată întreruptă prin cererea de chemare în judecată sau de arbitrare precedentă, cu condiția însă ca noua cerere să fie admisă.
