-
In the study hereby, the author sets under review the body search institution, from the perspective of theoretical and practical approaches. Body search has a distinct character, being undertaken in some cases separately from other evidence procedures, but it is also frequently undertaken on home searches, detention or arrest of a person. The author puts forward, within the study, the main legal regulations applicable in the field of body search, focusing on the new amendments to the new Code of Criminal Procedure, and reasoning some de lege ferenda proposals. -
Following the entry in force of the Civil Code (Law No.287/2009, republished) on the 1st of October 2011, which repealed the Family Code, and the accordingly amendment of the republished Law No. 119/1996 regarding the civil status acts, the author conducts an extensive analysis of the legal provisions related to the conditions of form which must be complied with for celebrating a valid marriage. This study examines the formalities provided by articles 278-292 of the Civil Code.
-
In this study the authors make an approach that highlights the lack of harmonization between organic laws and the post-December period constitutional laws, in relation to regulating the free use right with referring to the public property, primarily, and the private property of the state/territorial-administrative units, in subsidiary; then the legislating of the new Civil Code which fully ceases the unconstitutionality status; and finally several aspects of specific administrative technique are being addressed.
-
Taking our stand upon the differing regulations under Article 283 and Article 315 of Law No. 1/2011 on National Education (texts according to which, as far as the pre-university teaching staff is concerned, recovery of damages to the employing unit in consequence of patrimonial liability takes place based on a charging decision, while, as far as the higher education teaching staff is concerned, the recovery in question takes place according to the labour law, so, as a rule, by way of the employer’s proceedings before the Labour Court of jurisdiction), the author makes a series of critical approaches (pointing out that this distinction in the procedure is not justified) and, concurrently, puts forward de lege ferenda proposals.
-
In the study hereby, the author sets under review the legal regime applicable to certificates of succession under the law prior to the effective date of the Civil Code (October 1st, 2011), as well as amendments thereto under the provisions of the new Code. Prior to the aforementioned reference date, unlike other theorists, the author argues that the certificate of succession only proved the capacity as heir and did not represent a title deed per se, which by its sole would constitute the ground for entering into Agreements or inscription in the Land Register. In support of this point of view, the author quotes numerous decisions precedent. Therefore, the Civil Code brings a change in this field by granting the certificate of succession the effects of a title deed.
-
In the study hereby, the author provides a critical analysis of the various positions adopted by the U.S. Supreme Court of Justice in terms of the relationship existing between the practical need of making use of hearsay evidence in criminal proceedings and the obligation incumbent upon the legal bodies to guarantee the culprit the effective exercise of the opportunity to test via counter interrogation the reliability of such evidence. The author proposed that the analysis of judicial practice to be carried out compliant with the structure followed within the specialty works in the United States, in order to distinctly put forward each category of cause in which a conflict might arise between the admissibility of hearsay evidence and compliance with the procedural guarantees established under the law in favour of the culprit and to distinctly highlight, for each category in question, solutions framed by the U.S. Supreme Court of Justice with the view to settle the conflict arisen.
-
The existence of the law, of its validity are extremely important both for its knowledge, and for its application and compliance. By applying a general principle of law that nemo censetur ignorare legem, we consider that the publication and knowledge of law are essential conditions for not be subject to unpredictable legislative events, with all the consequences arising therefrom. To avoid such events, the law, in its broad or narrow sense, is subjected to certain rules of validity. Among them lies the determining of the moment when the law enters into force and the one the law comes in force.
-
In the jurisprudence of the European Court of Human Rights, the issue of a broad interpretation of the right to marriage is all the more acutely debated, while the Court is beset with applications filed by homosexual and transgender individuals to have this right recognized. In the current state of the jurisprudence of the European Court of Human Rights, the marriage of a couple in which one of the partners has resorted to a sexual Convention through gender reassignment surgery is considered legitimate (within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms), stating that this is also a case of heterosexual marriage. However, so far, the European Court of Human Rights has not considered legitimate marriages between persons of the same biological sex (gay or lesbian).
-
The author reveals a series of analogies, contradictions between Articles 98-103 of the new Civil Code (Law No. 287/2009 republished on July 15th, 2011 and effective since October 1st, 2011) and Law No. 119/1996 (republished on November 2nd, 2009) on the civil status documents, situation which, on the one hand brings about a series of difficulties as regards the correct interpretation and enforcement of the law, and, on the other hand, is in breach of the rules of principle of Law No. 24/2000 laying down detailed rules on the legislative technique for drafting regulations (republished on April 21st, 2010).
-
The article sets under review the opportunity to pursue criminal action as an institution of novelty in the field of criminal procedure, by the Prosecutor’s possibility to assess the existence of real public interest in carrying out the investigation and to rule, subject to certain conditions, upon the solution of abandoning criminal prosecution, provided that practical circumstances of the offence committed reveal that this interest does not subsist.
-
The regulation by the new Civil Code of the patrimonies by appropriation came as a necessity given the economic development of our society. The existence of the patrimony by appropriation was equally recognized by the former legislation, by way of specific provisions regarding the carrying out of certain liberal professions or economic activities. This paper is aimed at analysing specific aspects of the patrimonies by appropriation from the perspective of the liberal individual professional patrimony, as a patrimonial mass distinctively regulated by the new codification. The exercise of the authorized liberal professionals implies the existence of a professional patrimony that ensures the carrying out of activities that do not have an economic character. The formal recognition of the “self-employed” as a subject of tax law bearing specific tax liabilities, distinct from those incurred by this same person concerning his personal patrimony, could create the appearance of a “two-headed monster”, of two or more persons in one, of a person who is multiplying according to the number of patrimonies by appropriation that he holds. In fact, the possibility for an individual to carry out economic activities or liberal professions without setting up, to that effect, a legal entity with its own patrimony, does not require the use of the legal fiction of multiplying the person according to the needed number of patrimonies, as the modern doctrine concering the patrimony accepts both the uniqueness and the division of the patrimony into patrimonial masses and patrimonies by appropriation.
-
Potrivit dispozițiilor art. 25 din Ordinul CSA nr. 20/2008, în cazul în care în unul și același eveniment au fost prejudiciate mai multe persoane și valoarea totalã a prejudiciului depãșește limitele de despãgubire specificate în polița RCA, despãgubirea va fi stabilitã în funcție de cota-parte din valoarea prejudiciului ce revine fiecãrei persoane îndreptãțite la despãgubire.
