-
-
-
Through this study, the author starts from the monistic regulation of the current Civil Code, raising for discussion the possibility of adopting a new Commercial Code, which should include all the essential regulations of the special laws in force, with regard to the legal relations in which those who pursue professional activities participate, regulations on the special status of the participants in the legal relations intended for professional activities, the trading companies and the trading professionals who are natural persons, regulations on the contracts and guarantees specific to professional activities (leasing contract, franchise contract, banking contracts and guarantees), regulations on credit titles, the regulation of the insolvency procedure, updated for all areas of professional activity.
-
This study examines the problem of running of the period of extinctive prescription of the right to claim damages before the civil court, subsequently to the situation in which the prosecutor has issued an ordinance to dismiss, under the Criminal Procedure Code. -
In this study, by an inductive method, we will try to address the problem, the solution and the arguments that could be found in certain situations where there is a disagreement between the category of use of a land classified as forest and its actual legal situation, disagreement which unreasonably generates limitations of the right to build on the land in question. In case a land has mentioned in the title of property the category of use „Forest” (Pd), but this land does not actually meet the legal conditions provided by Articles 1, 2, 19 (1) and Article 20 (2) of the Law No 46/2008 on the Forest Code in order to be considered forest, in order to be part of the national forest fund and in order to be mandatorily subject to the regime of a forest arrangement, then this land must be considered only a land with forest vegetation outside the national forest fund or a simple land not subject in any way to the provisions of the Law No 46/2008 on the Forest Code, for which it is possible to request the change of the category of use according to Article 24 (1) and (2) of the Law No 46/2008 on the Forest Code.
-
In the judicial doctrine and practice, the differences of opinion and the plurality of the proposed solutions are not only an inherent effect of a current, complex and moldable legal reality, but also a desideratum of identifying the correct way of interpreting the legal norms in force and of resolving the legal disputes brought to justice. One of the legal institutions specific to administrative law among the most disputed over the last three decades is the one aimed at legally empowering the courts of law to verify the way in which the public administration authorities exercise their discretionary power to assess the opportunity to issue/adopt administrative documents, as well as the identification of the limits and, possibly, of the exceptions that can be retained from the rule of judicial control over the activity of the public institutions. The analysis of the legal topic in question will consider the approach of some didactic, linguistic, grammatical and of legal analysis methods, integrated and synergistic, having as sole finality the clarification of the meaning and of the limits, objective and subjective, of the right of appreciation and of the discretionary power which the public institutions benefit from. Therefore, it is required, in the beginning, to reveal the polyvalent meaning, attributed in the ordinary language to the notion „opportunity”, semantics that will be the basis for identifying the legal guarantees inherent to the process of exercising by the public administration authorities of the right to assess the time and appropriate means of issuance/adoption of the administrative acts. In the present study, without pretending to exhaust the issues presented above and to put an end to the long differences of opinion that it has caused, we intend to identify the various opinions expressed in the specialized literature, to provide a systematic interpretation of the various solutions adopted by the courts of law and, finally, to propose a viable and pertinent solution to the legal issue under discussion, offering logical-legal arguments and of teleological interpretation of the various competing legal norms, incidental in this legal matter. We intend to offer, through the conclusions of this study, a valuable and applied tool to practitioners in the field of administrative law, in identifying possible answers to complex and elaborate questions, involved by the activity of resolving the legal disputes brought to court with such an object. -
The following study critically analyzes the civil liability of the civil servants. It is estimated that it is about a contractual liability, however different from the patrimonial liability and from the material liability, regulated in the case of employees, respectively of the military and of other categories of personnel. The cases of civil liability of the civil servants are presented, as well as the conditions of this form of liability. Special attention is paid to the procedure of reparation of damages (imputation order or disposition and the payment commitment), including with regard to the former civil servants. Key words: payment commitment; authority; public institution; imputation decision/disposition/order; illicit deed; civil servant; obligation of restitution; injury; civil liability; material liability; patrimonial liability; guilt.
-
The new Civil Code, unlike the old Code, includes a quasi-complete provision on the invalidity of the contract based on the fundamental distinction between absolute invalidity and relative invalidity. Invalidity - either absolute or relative - can be both complete and partial. Regardless of its form or the way it is established or in which it operates, partial invalidity may appear either as an explicit invalidity, therefore, in the form of clauses declared null or voidable or, more recently, either in the form of clauses deemed unwritten, or as tacit invalidity (obviously partial). In terms of terminology, the phrase or formula “clauses deemed unwritten” is an easy, therefore practical way to designate certain ancillary unlawful clauses which are automatically void. Ratione temporis, partial invalidity, regardless of its form, is and shall remain subject to the law in force at the date of conclusion of the contract and not to the law in force at the date the invalidity was determined or that when the contract was cancelled and neither subject to the law in force at the date the parties are reinstated to the previous status. -
The present study comprehensively examined the Land Book Registration Prescription issue in the new Romanian Civil Code (Law no. 287/2009, which has entered into force on 1 October 2011), stressing in particular, the matters of substantive law as well as the provisional (inter-temporal) law and the correlation between Land Book Registration Prescription issues and the principle of land book material publicity. -
The study discusses in a precise manner and with a careful observation of the perception of the judicial practice on this issue how it is possible or how one should proceed to the verification of the legality of the probative procedures in the preliminary chamber phase. At the same time, with pertinent doctrinal arguments, the author of the study proposes an extension of the limits of verification of the legality of the probative procedures and with regard to the validity of the authorization issued by a judge of rights and liberties during the criminal investigation phase.
-
-
Potrivit art. 246 C.pen., fapta de a îndepărta, prin constrângere sau corupere, un participant de la o licitație publică ori înțelegerea între participanți pentru a denatura prețul de adjudecare se pedepsește cu închisoarea de la unu la 5 ani. Conform art. 244 alin. (1) C.pen., inducerea în eroare a unei persoane prin prezentarea ca adevărată a unei fapte mincinoase sau ca mincinoasă a unei fapte adevărate, în scopul de a obține pentru sine sau pentru altul un folos patrimonial injust și dacă s-a pricinuit o pagubă, se pedepsește cu închisoarea de la 6 luni la 3 ani. Articolul 25 alin. (3) C.pr.pen. prevede că instanța, chiar dacă nu există constituire de parte civilă, se pronunță cu privire la desființarea totală sau parțială a unui înscris sau la restabilirea situației anterioare săvârșirii infracțiunii (cu notă parțial aprobativă).
