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Prior to the referral to the court by filing an application for summons, in cases where the law expressly provides it, the applicant must go through a preliminary procedure, which has the meaning of an attempt of extrajudicial resolution of the legal disagreement. The current regulation in this matter (Article 193 of the Civil Procedure Code) is significantly superior to the previous one. The interpretation and the application of these provisions require some specifications or nuances, which are subject to this study. -
This article analyzes amendments brought to the institution of authority of res judicata by the new Civil Procedure Code, in relation to the manner in which the doctrine and the case-law have determined the development of this institution.
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This paper summarises particularly complex issues raised by the offence of concealment. It begins with an analysis of the rational value of amendments brought to the offence of concealment (Article 270 of the new Criminal Code) and continues with the analysis of other problems raised by this offence, which either have not yet found a satisfactory solution or have solutions, but they are not known, understood and unanimously adopted in the criminal law practice.
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If in ancient times it was often confounded with legal science and constituted a genuine source of law, gradually, case-law transformed into a form of explanation, addition, and elimination of obscurity of the legal text, by the judge, in the process of interpreting and enforcing the law. At the same time, its relations to the doctrine have also evolved, the latter being called upon today to decode case-law rules, assuring their clarity and complete expression of their meanings, from the „inside” of the process of creating law. Case-law phenomenon is an object of analysis for the legal science, in terms of external factors that configure and influence it. The case-law revival noticed partially and specifically after 1989 also in Romania, given the transition, is expected to fully manifest itself in the following period, just after the end of the legislative reform, realized by the adoption and entering into force of the new codes.
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Like other modern enactments, the current Romanian Civil Code provides for a series of „rights of the personality”, which include, inter alia, the right to honour. The authors of this paper make a series of considerations in relation to this right „to honour”, in relation to both the Romanian legislation and legislations in Western Europe, taking into account that, in the Romanian legal doctrine, the right in question has been less studied prior to the entry into force of the current Civil Code (1 October 2011).
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Starting from diametrically opposed solutions given by courts, the author analyzes the right to additional payment for risk provided by the Sylvic Code, based on provisions of Article 127 (5) and considering the lack of any methodology to provide categories of beneficiaries and specific conditions for granting such additional payment and assesses the impact of the lack of such a methodology upon the right provided by the law. The conclusions of the author are that, even though the mentioned methodology is lacking, those concerned have the right to receive the additional payment in question.
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The Treaty on European Union includes not only the core of the Community rules, but also references to the necessity to bring some amendments to the national legislation of Member States in accordance with these rules. Complying with this requirement, the Romanian legislator constantly brings amendments which, in criminal matters, involve an interdisciplinary approach, imposing compliance with general principles of law and with principles specific for the protection of human rights and for European Union law.
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After a general presentation of the institution of house arrest, the author analyzes a specific aspect referring to this new preventive measure provided in the new Criminal Procedure Code, namely the maximum duration of house arrest pending judgment at first instance.
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Brokerul de asigurare, care are și calitatea de mandatar al unei întreprinderi de asigurare străine, fiind împuternicit de aceasta să soluționeze cererile de despăgubiri în eventualitatea accidentelor de circulație produse de autovehicule asigurate în străinătate, nu este parte la raportul juridic obligațional născut prin producerea faptului delictual. Astfel, întrucât brokerul de asigurare este terț față de contractul de asigurare în temeiul căruia au fost solicitate despăgubirile, acesta nu poate fi obligat în nume propriu la plata despăgubirilor. (Înalta Curte de Casație și Justiție, Secția a II-a civilă, Decizia nr. 2156 din 30 mai 2013)
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The article analyzes the qualification of the appeal on law in civil disputes where the judicial remedy of appeal ex novo is not opened, such as the waiver of judgment and the waiver of the claimed right, where the judgment is only subject to the appeal on law. The appeal on law promoted in administrative disputes is also analyzed. The author comes to the conclusion that, even when the judicial remedy of appeal ex novo is suppressed, the appeal on law preserves its nature of extraordinary remedy.
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This study analyzes the regulations pertaining to causes of revocation of donations, regulations which entered into force at the same time with the implementation of Law No 287/2009 on the new Civil Code. The starting point of this paper is the fact that donations and liberalities have been under the influence of special legal regimes, different from those of onerous legal documents. Even though donations are, in principle, irrevocable legal acts, the legislator has instituted special cases of revocation thereof, in order to avoid or limit prodigality acts and undesired effects on the interests of the donor or of the persons close to this donor. It was particularly on these causes of revocation of donations that the author focused his scientific endeavour, by analyzing doctrine and case-law and by formulating his own opinions and de lege ferenda proposals, so that legal rules in the examined area be harmonized with the public order interests. The study also relates to the new criminal regulations (the new Criminal Code) as regards the criminal acts of revocation of donations for ingratitude.
