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This study is an analysis of how the direct judicial control is exercised over the problems arisen in the execution of the custodial sentences, through a new institution, the one of the judge of supervision of deprivation of liberty, as well as an analysis of the limits of his competences. Likewise, the study also analyzes the juridical dimension of the administrativejurisdictional complaints filed by the persons deprived of liberty in order to defend their rights and interests. The study is based on the conclusions drawn from the activity of the author, as registrar, at the office of the judge of supervision of deprivation of liberty. -
The article analyzes the waiver of penalty as a new institution in criminal matters, the utility, the legal enforcement mechanisms, and its legal effects in the field of criminal repression. -
The author, by accurately examining Book IV of the new Romanian Civil Code (regarding the inheritance and the liberalities), entered into force on 1 October 2011, notes that, as a rule, like in the previous Civil Code of 1864, there are some more important institutions of successoral law which, in his opinion, may be considered controversial (questionable), inopportune or unclear such as, for example: – the notions of „heir”; „successor”; „inheritor”; – whether the status of heir is affected or not by disinheritance or by the waiver of inheritance; – whether the contractual appointment and the preciput clause are two separate legal institutions or not; – whether the successoral reserve has an individual or collective nature; – whether the prohibition of the (mutual) consummated will is opportune or not; – whether the successoral option is always a disposition act or not; – the inopportunity of the multiple vocation to inheritance; – the questionable nature of the utility of the „seizin”. -
Știința juridică românească din ultimii 60 de ani este marcată major de activitatea desfășurată de Institutul de Cercetări Juridice al Academiei Române (în continuare denumit ICJ sau Institutul). Într-adevăr, creat într-o anumită conjunctură istorică, acesta a reprezentat prima „instituționalizare” a acțiunii de cercetare științifică a dreptului în țara noastră, și-a cucerit rolul de „centru” național de desfășurare și coordonare în domeniu, iar prin performanțele și rezultatele obținute s-a manifestat ca lider absolut în materie, beneficiind de contribuția fondatoare a unor personalități remarcabile ale științei dreptului românesc, precum Traian Ionașcu, Vintilă Dongoroz, Mihail Eliescu, Salvador Brădeanu, Eugen A. Barasch, Petre Anca, Yolanda Eminescu ș.a. -
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This study raises for discussion the current meaning of the term „commercial arbitration” within the text of Article 146 d) of the Constitution since, presently, under Article 3 of the current Romanian Civil Code, corroborated with Article 8 of the Law No 71/2011, and of other normative acts issued for the application and the development of the provisions of the Civil Code, the latter is „monistic”, in the sense that the new civil legislation has abandoned the traditional division into civil legal relations and commercial legal relations, a duality that existed in the legislation of private law in Romania until 1 October 2011. -
In this study the author examines mainly the problems of the meaning, scope of application and effects of the provisions of Article 123 of the new Law (No 85/2014) on the procedures for preventing insolvency and of insolvency referring, on the one hand, to the possibility of „denunciation” of the individual labour contracts of the debtor’s employees (undergoing insolvency) by the judicial administrator/judicial liquidator and, on the other hand, to the „dissolution” of the labour contracts of those in question, pointing out that we are in the presence of two distinct grounds for cessation of the labour contract of the employed personnel of the debtor. -
This paper aims to analyse the interconnectivity between the will of the donor and the general validity requirements for donations in the Romanian civil law. As part of the continental tradition of civil law, the 2009 Civil Code of Romania maintains the will theory at the forefront of its contract law. Within this framework, the legal concept of will encompasses the mental process of volition, during which the individual reflects and arrives at a decision, and the utterance of said decision. As a result, the notion of free will forms the foundation of contractual freedom. Through its gratuitous nature, a donation is both a contract and an act of liberality. As such, the legislator’s reluctance in the field of liberalities has influenced how the general requirements of validity were ultimately shaped. Liberalities are demarcated, from the volitional point of view, by the liberal intent of the donor, and from the economic standpoint, by the reduction of the donor’s patrimony. This impoverishment of the donor is the source of the legislator’s reluctance. Thus, our effort sets out to trace the influence of the liberal intent upon the general validity requirements of a donation contract. For this purpose, the present paper is divided into four main sections, corresponding to said requirements: cause, consent, capacity and object. While cause and consent derive naturally from the will theory, capacity and object were also subordinated to the liberal intent of the donor. As such, the common incapacity was entwined with a special variant which absolutely presumes the suggestion or captation of the donor’s mind. In regard to the object, the donor cannot dispose of the good belonging to another, unlike in the case of a sale contract.
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In this article, the author asserts with scientific and text arguments that, anytime art. 911 of the Criminal Procedure Code is interpreted as allowing the wire tapping or recording of calls or communications outside the criminal trial (namely without even starting in rem the criminal prosecution in rem), namely in the stage of preliminary acts, this is unconstitutional. -
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Equality of citizens before the law and before the public authorities is a fundamental category of the theory on social democracy, but also a condition of the state of law, failing which constitutional democracy can not be conceived. The Romanian Constitution expressly enshrines this principle. However, there are also particular aspects of this principle enshrined in the Basic Law. Equality before the law and before the public authorities can not involve the idea of standardization, of uniformity of all citizens under the sign of the same legal regime, regardless of their socio-professional situation. The constitutional principle of equality implies that equal legal treatment should be applied to equal situations. This social and legal requirement implies numerous interferences between the principle of equality and other constitutional principles: the principle of identity and of diversity, the principle of pluralism, the principle of unity and, in particular, the principle of proportionality. In this study, using theoretical and jurisprudential arguments, we intend to demonstrate that in relation to contemporary social reality equality, as a constitutional principle, is a particular aspect of the principle of proportionality. The latter expresses in essence the ideas of: fairness, justice, reasonableness and fair adequacy of the decisions of the State to the factual situation and the legitimate aims proposed.
