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The article is designed to examine the amendments introduced by the new Criminal Code in the matter of law enforcement in the territory. From this perspective, we notice that the principle of territoriality is supplemented with additional provisions for defining the notions of offense and territory. The principles of personality and reality were adjusted so that they could be effective, yet without burdening the judicial bodies uselessly, and the principle of universality of the criminal law was reformulated in order to apply only to the situations for which the Romanian State has undertaken obligations internationally. New elements were also introduced as regards the international cooperation legal instruments, such as the delivery of persons to another European Union Member State or to an international court, changes that seem justified in the light of international treaties to which Romania is a signatory party. -
In this study, after a presentation regarding the establishment of the Commonwealth of Independent States (C.I.S.), in December 1991, the author examines: the legal personality of this international organization; its constituent bodies; the member states of the organization; CIS – present and prospects.
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The author shows that, in the new regulation, the essential characteristic regarding the social danger entailed by the criminal action committed was removed from the definition of the crime. Instead, two new essential characteristics were introduced, namely: the action committed, which is provided by the criminal law, is unjustified and not imputable to the person having committed it. Also, reference is made to the correlation between the institution of the action provided by criminal law and the institution of the crime and the essential characteristics of the crime are examined.
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This study deals with the issue of forced distinctiveness, a legal mechanism that is essential for the matter of the trade mark law, but which is not generally thoroughly treated in the Romanian specialized literature, despite the rich case law it generates. Forced distinctiveness refers to the situation in which a sign that is likely to be represented graphically, but which initially lacks a distinctive nature, acquires distinctiveness following its use. Throughout the study, the author examines the legal nature of forced distinctiveness, from the point of view of the Romanian legislation and the European regulations, with references to the essential case law in this matter. Thus, in the first part, the author reviews the signs likely to acquire distinctiveness by use and in the second part, he examines the conditions of forced distinctiveness, as well as the criteria on which the assessment of the competent authority is based.
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This study represents, in its essence, a micro-monograph regarding the right to image, a component of personality rights. In this respect, following a presentation regarding the “personality rights, in general”, the authors examine in detail the issue of the right to image (notion, basis, autonomy of the right to image, consent to the reproduction of one’s image, limits of the right to image, image contract, extinguishment of the right over image).
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The author states that the criminal trial should take place with celerity, within a reasonable period of time, according to art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. In this context, the submission by the defendants of applications to notify the Constitutional Court of exceptions of unconstitutionality that were previously dismissed numerous times represents an abuse of right committed for the purpose of procrastinating the resolution of the cases.
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As regards the possibility to maintain conditional release if, following a merger of penalties, a penalty equal to that from which the convict was released on parole is enforced, two solutions are possible. The first solution consists in deducting only the actually served penalty and incarcerating the convicted person again, and the second solution consists in considering the entire penalty served. The resolution of the controversy depends on the opinion adopted as regards the legal nature of conditional release.
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En la generalidad de las legislaciones societarias actuales, se establece algún tipo de régimen que limita la realización de distribuciones a los socios por parte de la sociedad durante el transcurso de la vida social (durante societate)1. Este régimen forma parte de las medidas que se adoptan legalmente en las sociedades que limitan la responsabilidad de los socios2, para proteger ex ante o preventivamente a los acreedores sociales.
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The regulation of crimes in the field of the illegal removal and transplant of organs, tissues and cells of human origin at the level of each country is extremely important due to the big social danger of these crimes and the importance of the social values protected by their incrimination, values regarding the life and the physical and mental integrity of the members of society, as well as the respect due to the memory of deceased persons. In this respect, at the level of the European Union, the Directive 2004/23/EC of the European Parliament and of the Council, of 31 March 2004, on setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells was adopted. There are numerous European countries in which the crimes in the field of the illegal removal and transplant of organs, tissues and cells of human origin are incriminated in the Criminal Code. Their experience should also be followed by Romania, where, at present, the field is regulated by Law no. 95/2006 on healthcare reform, as subsequently amended and supplemented.
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According to the regulations of the Romanian pension law, persons who, prior to 1 April 2001, worked in the work groups I and II benefit of a series of easements at the calculation of pension rights, as well as of the reduction of the standard retirement age. In this study, the author examines a rich and interesting case law of the classification into the work groups I and II – according to Orders no. 50/1990 and no. 125/1990 issued by the Minister of Labor and Social Protection, the Minister of Health and the President of the National Labor Protection Commission, with the mentioning that, under certain conditions, these Orders also apply to the persons retiring subsequent to 1 April 2001, but who carried out activities classified in the work groups I and II (according to the above-mentioned Orders) prior to such date.
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The author examines synthetically the changes brought to the institutional structure of the European Union by the Treaty of Lisbon. For this purpose, the author presents the essential institutional changes brought to: the European Parliament; the European Council; the Council; the European Commission (the Commission); the Court of Justice of the European Union.
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According to art. 1088, paragraph 1 of the Romanian Civil Code (in force, “For obligations having as object any amount, damages for performance shall comprise only the legal interest, except for the special rules regarding trade, guarantees and companies”. The author criticizes this regulation that actually leads, in numerous situations, to damaging the creditor, if the maximum interest limit is lower than the amount of the damage caused by failure to perform or late performance of the obligation to pay an amount, showing that the above-mentioned legal solution, taken from the French Civil Code, is not presently provided in the Italian, German, Swiss and English systems. Moreover, the new Romanian Civil Code, published in July 2009, but not yet effective, stipulates (in art. 1535, paragraph 3) that, if the interest due (for failure to perform the pecuniary obligation in due time) does not cover the entire damage incurred, the creditor shall be entitled, in addition, to damages for any additional damage incurred due to debtor’s failure to perform the obligation. In the end, the author considers that the regulation of the possibility for reduction of damages by the court would not be opportune – at present – in Romania.
