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Selling land outside built-up areas has a specific regulation in Romanian law, often derogatory from the general provisions applicable in the field of selling goods, as regulated by the Romanian Civil Code. This specific regulation is comprised in Law No 17/2014 concerning some regulatory measures in case of selling agricultural land located outside the built-up area and for modifying the Law No 268/2001 on privatising commercial societies which administer state owned public and private property lands, destined for agricultural needs, act which suffered a series of important modifications by the Law No 175 from 14 th August 2020. This legal modification from 2020 implements a series of important legal changes related to the holders of pre-emption rights, but also concerning the specific modalities of selling agricultural lands located outside the built-up areas, when the holder of pre-emption rights does not want to buy. Also, in each case when the court is asked to give a decision which supersedes a selling contract, the petition is admissible only if the pre-contract is legally signed, according with the Civil code provisions and all other legal requirements are fulfilled, meaning: obtaining all necessary authorisations, respecting the pre-emption right, respecting the fiscal and land registration requirements. The law also clarifies how the pre-emption procedure works and how it is controlled by the state authorities. -
We are witnessing tremendous progress in the fields of biology and medicine, which consist the possibility to take human cells, tissues and organs for the purpose of their transplantation into another subject’s body, genetic engineering operations, medically assisted human procreation and many other such revolutionary techniques. All of these have proven to be two-edged weapons: on the one hand, they can be used to save lives or to help some couples who, under normal conditions, cannot procreate to give birth to the much-desired children and, on the other hand, they can turn into threats to the human genome or to the social cohesion. It has become necessary for man himself to be the object of legal protection, and, at the same time, a new category of things has emerged, namely the biological products of the human body and the elements detached therefrom, which are intended to be used for therapeutic or research purposes. Thus arose the problem of the legal qualification of these things, which also raised the issue of the existence of a relationship between the subject of law and his body. The doctrinaires are divided into two camps: one that considers that between the subject of law and his body, qualified as a thing, there is a legal relationship of property and another that claims that the human body is the person himself. The qualification of the human body as a thing, the transformation into things of some of its products and of some elements detached therefrom, as well as the possibility of capitalizing on some personality rights, such as the right to voice and the right to image, are part of a process which was called the reification of the person. It is a constantly evolving process which has already included the controversial gestation for another as well. The present study is devoted to the identification of the dangers generated by the qualification of the human body as a thing, with special regard to the gestation for another.
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Un element care trebuie avut în vedere atunci când se abordează problematica disciplinei Drept parlamentar este frecvența utilizării acestui termen în literatura de specialitate, precum și în programele studiilor de licență sau masterat ale facultăților cu profil juridic, ori ale unor facultăți de științe politice, în care disciplina Dreptul parlamentar s-a studiat și, poate, se studiază încă, ca disciplină/materie de sine stătătoare. Chiar și în limbajul comun termenul de drept parlamentar este suficient de bine încetățenit, ceea ce poate da naștere unei percepții publice eronate, asupra autonomiei sale, ca ramură individuală a sistemului de drept, față de alte ramuri ale dreptului, și, în mod deosebit, față de dreptul constituțional ...
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In any democratic state the activity carried out by the body of magistrates must be limited exclusively to the law and in compliance with the Constitution, because, otherwise, those judgments pronounced by ignoring these requirements, the fundamental rights and freedoms of the citizens, may lead to the commission of some judicial errors, through which the litigants suffer both from damage of material, but especially moral nature.
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In ipoteza în care s-a realizat un transfer electronic al unei sume de bani ca urmare a solicitării primite din partea beneficiarului sumei respective, atunci între părți a intervenit un contract de împrumut, restituirea sumei poate fi solicitată doar pe calea unei acțiuni personale întemeiate pe respectivul contract, iar nu pe calea unei acțiuni întemeiate pe îmbogățirea fără justă cauză. (Curtea de Apel București, Secția a III-a civilă și pentru cauze de minori și de familie, Decizia nr. 62 din 26 ianuarie 2021)1 . -
Orice persoană poate solicita constatarea nulității absolute a unui act, dacă justifică un interes, or în cauza de față scopul urmărit de reclamant, prin constatarea nulității absolute a hotărârii comisiei județene de fond funciar, este acela de a include în sfera sa de administrare suprafața de teren menționată în actul a cărui anulare se solicită.
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Due to the pandemic shaking the world in 2020, law enforcement and military authorities also faced the serious strain of often new or substantially larger than usual volumes of assignments. The workload of border police, public security, immigration authorities and administrative bodies has increased radically, but the Armed Forces are also strongly involved in performing the tasks. During the state of emergency and the following health crisis declared in Hungary, legislative rules differing notably from the „normal” legal order were introduced, affecting our daily lives, work, relationships, and of course, the lives and services of the officers working for the authorities subject to our study. In this document, we analyse the major changes affecting the „armed” sector within the legal framework related to the pandemic, and – due to its dogmatic interest – the hospital command system developed for the increased protection of healthcare supplies is also covered
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The premises for the adoption of the Decree No 195/2020 on the establishment of the state of emergency in Romania were the evolution of the epidemiological situation in Romania and the assessment of public health risk for the next period, which indicates a massive increase in the number of people infected with SARS-CoV-2 coronavirus, having regard to the fact that failure to take urgent, exceptionally social and economic measures to limit SARS-CoV-2 coronavirus infection among the population would have a particularly serious impact, mainly on the right to life, and, in the alternative, on the right to health of individuals
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The study addresses the issue generated by the express regulation of the principle of loyalty in matters of evidence, especially from the perspective of the incidence of the sanction of exclusion of evidence in the cases where this principle has been violated. The author notes that, in general, legality and loyalty in the administration of evidence means the idea of honesty which the judicial bodies must show when constructing evidence, and the violation of these principles generates the solution of applying the sanction of exclusion of evidence. In addition, the article deals also with an aspect of these problems that has not yet received a unitary solution in the national doctrine and case law, respectively that of the existence of a conditionality between the incidence of the sanction of exclusion of evidence on the fault of judicial bodies in the illegal administration of evidence. With theoretical arguments and with examples from the practical activity of the courts, the author shows that the solutions are, on the one hand, in the sense of excluding evidence, and, on the other hand, in the sense of validating them, the court rulings being determined in these cases precisely by the finding of the good faith of the criminal investigation body.
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The article addresses the problems concerning the crime of child pornography, in general, but it also includes some special emphasis on the legal implications which the conduct of the minor who makes pornographic materials with his own person, without being coerced by another person, might have. The analysis is one based on arguments from the specialized literature, but also on solutions from the judicial practice. In particular, the author proposes the recognition of existence, in the case of the crime of child pornography, in all its forms, of a special main legal object aiming at the need to respect the public order and peace, and, in particular, of a secondary object formed of the social relations referring to the protection of minors and of t he social relations whose proper development is conditioned by defending the public morality. With regard to the special issue caused by the minor’s act of producing, storing, possessing or distributing strictly in private pornographic materials of himself, the author rightfully considers that this act should not be subject to criminal liability, but rather to the psychological counselling of the minor with regard to the implications of the beginning and the development of the sexual life and, respectively, of the consequences that such deeds may have on the normal sexual development of the child.
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This doctoral research investigates the case law development of the principle of loyalty within the framework of the invisible constitution theory. Uncodified counterpart of written constitutional rules, the invisible constitution belongs to a broader understanding of the concept, specifically the constitution in its material sense. Contemporary examples are found within the British constitutional order (e.g. constitutional conventions and case law), the French bloc de constitutionnalité (i.e. complementary unwritten rules) and the case law of the Hungarian Constitutional Court (i.e. the Sólyom model). Assuming a national invisible constitution exists, the paper aims to demonstrate that the principle of loyal cooperation belongs to such an invisible dimension of the Romanian constitutional order.
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The formation of public law in the Romanian Principalities bears, on the one hand, the imprint of the political will of the states with strong influence in this part of Europe in the first half of the 19th century, and, on the other hand, it reflects the spirit of Western constitutional thought and practice, much modernized after the French Revolution of 1789. Concerned with the constitutional and administrative modernization of the two Principalities were mainly Russia, France, England and Austria, each of these great European powers pursuing, in fact, their own objectives, of political and economic nature. Instead, Turkey did not support at all the modernization of Wallachia and Moldova, being interested in maintaining the Phanariot regime. At the confluence of the contradictory interests of these powers, the Principalities did not have an active, decisive role in their own constitutional and administrative modernization. Nevertheless, the changes and transformations produced in the Principalities at the initiative and with the determination of the mentioned states, were generated by the clauses of some international documents (the Treaty of Adrianople of 1829, the Peace Treaty between Russia and Turkey of 1856 and the Paris Convention of 1858). To these it is added the Developing Statute of the Paris Convention, imposed by the will of Prince Alexandru Ioan Cuza
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Simplification and debureaucratization, in many cases, indeed, lead to a positive result. However, the complexity and apparent bureaucratization of some institutions and procedures, in many cases, have a well-defined, useful, even necessary role. The elimination of functional and strict requirements may drive the expected rationalization but an undesirable adverse effect: dysfunctions and legal uncertainty. These ideas can be best illustrated by the recent amendment of the Law No 31/1990 on companies, through Law No 23/2020 for the simplification and debureaucratization of the transfer of shares („social parts”) and the payment of the share capital. Unfortunately, in recent years, the limited liability company has become a subject of experimentation for different improvement attempts, without noticing that companies’ legal regime is an organic whole. Most of the time, reforms are well-intentioned but distorted by enduring normative realities. They also distort the existing law: as is currently the case with share capital and shares transfer.
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As it is well known, the insolvency procedure involves the collaboration of the insolvent company, of the syndic judge, of the creditors and, of course, of the judicial administrator. Once the state of insolvency is established by the court, one of the first steps is to assess the debts of the insolvent company, and this action can be done only by communicating the state of insolvency to the creditors, in order to allow them to record their claims to the company. At this stage, an important role is that of the judicial administrator, who must work with all those involved in the procedure in order to determine the amounts owed to the creditors. The judicial administrator is not limited to receiving the creditors’ requests. He must analyze each claim, must establish the amount claimed and ascertain whether that claim is based on a valid title
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Article 78 of the Civil Procedure Code, paradoxically, evokes through its title an apparent exception to the principle of availability, however, through its content, it constitutes a confirmation of this principle. Given this apparent contradiction, it must be clarified whether, in the case provided in Article 78 (2) of the Civil Procedure Code, the party requesting the introduction of the third party in the trial after the judge has questioned the necessity of its introduction may formulate any new heads of claim involved in the enlargement, in this way, of the procedural framework. Also due to the phrase „ex officio” attached to this introduction, it must be concluded whether, for these possible new heads of claim, related to the introductory request, the requesting party must pay judicial stamp duty or, due to this reference to officiality, the party is exempted from such obligation. It must also be established whether to these new heads of claim it can be opposed the exception implied by the sanction of loss, referred to in Article 204 of the Civil Procedure Code, in the conditions in which they would be related to the introductory request.
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We have taken into account that there have been several discussions with regard to medical legal liability, related to such a domain of maximum sensitivity, which is why the regulation of this form of liability is fully justified. Thus, medicine, being a social activity, cannot be deprived of a legal regulation that would protect the interests and rights of both the medical staff and, especially, of the patients. The liability based on the medical error cannot be one of an objective type, because, in principle, the doctor’s obligation is one of diligence and in rare cases it is one of result; depending on this aspect, at the time when the doctor guarantees a certain result, expressly expressed by him, his mistake will have an objective foundation. There have been doctrinal controversies in order to correctly qualify the type of liability that can be engaged depending on several factors, liability that may be civil tort, contractual, civil special or professional one, as appropriate. We have considered necessary to emphasize that the foundation of liability is represented by the relations established between the patient and the doctor, between the patient and the units providing medical services, units that can be in the public medical service or circumscribed to some private forms of practising medicine.
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Electromagnetic pollution is increasingly becoming a public health and environmental problem at the same time with the introduction of 5G technology, which involves for solving the intervention of law and the exercise of public and civic democratic control. The exposure of the people and of the environment to electromagnetic waves, which has become massive, no longer pertains exclusively to labour safety, but becomes a challenge for public health. The combined application of the principles of prevention and precaution requires an adequate regulation of the activities generating electromagnetic fields, regarding the allocation of frequencies and the authorization of the related installations, as well as the establishment of the protection measures against proven and possible negative effects on people (consumers, employees, vulnerable people). The obligation to assess in advance the impact on health and environment, the democratic control, the transparency of the decision-making process and the compliance with the requirements of the rule of law are fundamental landmarks of the relevant legal regime. The intervention of the law implies, first of all, to ensure the prevalence of the public interest, the protection of the fundamental rights and freedoms of the individual, coming after the right to life, to health and the freedom of choice and the rejection of arbitrariness and immunity claimed by the operators.
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Potrivit art. 598 alin. (1) lit. c) C.pr.pen., contestația împotriva executării hotărârii penale se poate face când se ivește vreo nelămurire cu privire la hotărârea care se execută sau vreo împiedicare la executare
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Donația poate privi nu doar un bun determinat în materialitatea sa, ci și o universalitate de bunuri prezente și viitoare, precum și o fracție determinată ori determinabilă din patrimoniul donatorului. Prin urmare, contractul de donație era perfect valabil între părți, producând efecte juridice erga omnes (prin formalitățile de publicitate realizate în acord cu art. 58 din Legea nr. 7/1996, în forma inițială, câtă vreme pentru terenul pentru care se emisese titlul de proprietate conform Legii nr. 18/1991 nu exista carte funciară deschisă, ci doar mențiune în registrul de transcripțiuni). Faptul că donatarul a dispus asupra cotei sale determinate din terenul care urma a fi supus procedurii de ieșire din indiviziune nu invalidează liberalitatea, fiind în mod evident că odată cu partajul – convențional sau judiciar – cota parte dobândea doar atributele de materializare fizică (existența ei fiind însă certă de la momentul nașterii stării de indiviziune).
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The article deals with the issue of inappropriate conditions of detention in the Romanian penitentiary system and the available internal means of appeal. The objectives of the article consist in determining the content of the notion of conditions of detention, the deficiencies of which led to the violation of Article 3 of the ECHR/Convention, the analysis of the applicable internal remedies and of the relation between these from the perspective of obtaining monetary compensation for inappropriate conditions of detention, and the establishing of the effects of the state of necessity on the State’s obligation to ensure appropriate conditions of detention
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This article underpins the normative framework given to judicial bodies competent to make investigations into marine navigation in Romania, according to the provisions of the Romanian criminal law, followed by a brief history of the establishing and dissolving of the courts in Romania regarding maritime and river matters, and examination of the normative framework given to the competencies of the Court of justice on investigations into marine navigation, and finally this article is drawing some conclusions and implications related to lex ferenda.
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The present study analyses from the point of view of the jurisprudence of the European Court of Human Rights (ECHR) a topic of current interest in the Romanian law, namely the topic of the legality of evidence as a link between the rule of law and the right to a fair trial. By corroborating general principles and individual solutions emerges a differentiation mechanism used by the ECHR in order to distinguish between possible breaches of the domestic law in respect to their nature and degree. While in principle the way the law is interpreted and the breach of law allegedly committed in obtaining and presenting the evidence are by themselves irrelevant from the perspective of the fair trial, the arbitrary or manifestly unreasonable interpretation of the law, which violates the principles of the rule of law, is relevant from that perspective. A serious breach of law can mean the inadmissibility of the evidence obtained thereby. The ECHR doesn’t lay down general rules regarding the assessment of the arbitrary or manifestly unreasonable character of the interpretation of the law and, respectively, the seriousness of its breach, but from the case-law emerges a series of relevant criteria, such as the manifest error of assessment, the breach of law committed in bad faith or systematically, inevitable discovery of evidence and the purpose of law.
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The present paper aims to bring to your attention the Decision No 9 of 6 April 2020 of the High Court of Cassation and Justice – Panel for the settlement of some matters of law that took into account the legal nature of the revenues collected at the Environmental Fund in order to determine whether the acts of theft in any way from the establishment of these fiscal burdens may fall under the provisions of the Law No 241/2005 for preventing and combating tax evasion. The mentioned decision established that the revenues of the Environment Fund that give rise to tax receivables are not fiscal receivables that may fall under the law to prevent and combat tax evasion, which can be considered wrong. The study presents all the legal arguments for which the interpretation given by the High Court of Cassation and Justice is wrong and, at the same time, harmful, considering the possible legal effects that this decision may have on all tax regulations in Romania.
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The perception and consideration of global warming and of its consequences as an „existential crisis” and the official proclamation – at the level of more and more states, of EU and within UNO – of the climate emergency confer the character of major priority of the entire humanity to the concerns aimed at mitigating the phenomenon, at limiting and adapting to its effects. The control of the anthropic impact on the climate system and the effort to maintain its stability have involved the intervention of law in various forms and different measures – public policies, constitutional provisions, pertinent legislative provisions and relevant international treaties –, with legal force of soft law or of firm normativity, within a world-wide governance, particularized regionally and nationally. An increasingly significant aspect of this process becomes the consideration of the impact of climate change on human rights and the relevant legal reaction of development of some appropriate meanings, with structuring trends in the form of a new dimension, specific to the right to a protected, healthy and ecologically balanced environment, the right to a stable climate and proper to the maintaining of the planetary ecological balance, to preserving the condition of the human species and favourable to the perpetuation of the civilization created by it. Initiated by the doctrine, the idea was acquired and knows the first resonances in the case law, with more and more firm and adequate echoes at regulatory level, finding ourselves at the moment of identifying and promoting the appropriate solutions and the adequate ways to achieve that goal. The new fundamental (human) right, individual and collective, of the present generations and especially of the future generations, protecting their possibility to adapt to the pace and amplitude of climate change, is foreshadowed as an indestructible component of the system of environmental rights, asserted in the last half century, quasi-universally recognized – constitutionally, legislatively and internationally – and who know their own dynamics.
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The recordings made by technical means have not constituted, at least in civil matters, ever since the appearance of the devices that made them possible, an admissible evidence, not being regulated as such by the legislator in the past. In the new regulations, starting with the Law No 217/2003, including in the new Civil Procedure Code, in the conditions of the extended use of electronic means, both in the institutional framework and in the private life, the daily realities have imposed the use of the recordings with technical means as evidence. However, by operating a generalization, the possibility that the data of any kind to be fixed on a computer-based media has led to the penetration of this kind of probation both in the evidence with written documents, in the form of computer-based written documents, and in that of material means of evidence. The inclusion of the recordings, generically speaking, also in the category of material means of evidence generates problems both in terms of identifying their legal nature, with implications on their administration and storage regime, and in terms of establishing their admissibility conditions. The latter also raise the question of establishing the extent of the probationary area related thereto, respectively whether it should be restricted only to proving those legal relations which the facts of legal relevance involve, as well as which categories among these fall within the scope of circumstances likely to be proved in this way.
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The study analyzes the initial version of the first sentence of Article 426 (5) of the Civil Procedure Code, according to which the judgment had to be drafted within maximum 30 days from the date of pronouncement. In the author’s opinion, such a time limit ensured the achievement of one of the fundamental principles of the civil trial, respectively, the right to a fair trial, in an optimal and predictable time limit, as provided by Article 6 (1) of the Civil Procedure Code. In the version of the Law No 310/2018, the first sentence of Article 426 (5) of the Civil Procedure Code was amended, in the sense of granting the possibility to extend the drafting time limit, over the initial one of 30 days from the date of pronouncement. Thus, for well-grounded reasons, this time limit may be extended by 30 days, at most twice. In the author’s opinion, the total current time limit of 90 days for drafting the judgment is not able to ensure a reasonable time limit for the completion of the trial and should return to the version existing prior to the amendment by the Law No 310/2018, respectively, the time limit of no more than 30 days from the date of pronouncement.
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The legal regime of the notarial act in the legislation of the Republic of Moldova and in that of Romania is a relatively new topic, particularly up-to-date, complex and extremely tempting through the problems that need to be solved. This subject is distinguished by the controversies it generates, but also by the diversity of the practical solutions that can be identified. The development of the commercial activities and the extension of the access to the markets for sales of goods requires an in-depth research on the legal nature of the civil act in general and of the notarial act in particular, by forwarding some proposals for improving the normative basis, in the interest of strengthening the constitutional regime and the civil circuit. In the Republic of Moldova there is a long process of formation and consolidation of the notarial legislation. In the absence of a well-developed normative framework, the notaries public in the Republic of Moldova apply, sometimes, the rules for carrying out notarial acts inherited ever since the period of the Soviet Union. Another situation exists in Romania, whereas the legislator, by the Law No 36/1995, has established a stable normative framework for regulating the notarial law relations.
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Procesul lui Iisus, poate cel mai cunoscut proces din istoria umanității, este și cea mai vădită eroare judiciară a tuturor timpurilor. „Prototipul însuși al condamnatului nevinovat”1 generează din această perspectivă o temă de analiză aprofundată și dezbatere atât pentru teologi, istorici sau analiști ai fenomenului religios, cât și pentru juriștii preocupați de identificarea greșelilor procedurale săvârșite pe parcursul celebrului proces. Format și educat într-o familie cu profunde valori creștine, imaginea răstignirii lui Iisus m-a marcat, m-a impresionat și mi-a stârnit nenumărate emoții și motive de meditații. Cu toate acestea, până la întâlnirea cu lumea dreptului, nu m-am gândit că întregul proces de condamnare a celui mai cunoscut nevinovat al istoriei poate fi analizat și din perspectiva juridică. Din aceste considerente, prezentul editorial își propune să abordeze procesul lui Iisus, prezentând elemente și date ce descriu locul și data desfășurării, personajele implicate și resursele biblice sau extrabiblice utilizate
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The labour law – a branch and science of the Romanian law system – has come a long way to the present days, when it fully manifests its specificity and autonomy that characterizes it. The doctrine evokes a „labour contract” concluded according to rules of the Roman law. In the Middle Ages, the Romanian principalities did not know regulations regarding legal labour relations. It was only in the Civil Code of 1864 that there were established specific regulations of some civil contracts which included some elements of some labour relations. The appearance and development of the industry determined, at the end of the 19th century and the beginning of the 20th century, the adoption of some legal norms aimed at the protection of workers. The labour legislation was invigorated due to the rules of the International Labour Organization, established in 1919. Our country, as a founding member, has ratified the essential conventions of this organization in the interwar period, but also later, to the present days. About a labour law, distinct, autonomous in Romania, one can speak only after the entry into force of the Labour Code of 1950. The development of the Romanian society, its economic and social level have also determined the evolution of the labour legislation and of the labour law, as it will be shown in the elaborated study.
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The study analyzes the two procedural moments of judging the requests for revision, traditional in our law – the admissibility in principle and the retrial –, by referring, mainly, to the new amendments to the Criminal Procedure Code and to the jurisprudential solutions. There are taken into account the measures that can be taken at the same time with or after the admission in principle and the solutions that will be given in the retrial of the case. Whereas a substantial change in the matter of revision, following the entry into force of the new Criminal Procedure Code, concerns the exclusive revision of the civil side of the criminal trial, respectively the division of the material competence between the criminal court and the civil court, a section is devoted to this issue. Whereas the new provisions are quite elliptical in this matter, the paper tries to identify aspects that may raise problems of application and to suggest solutions.
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După ce în urmă cu peste trei decenii prin studiul inițiator (1989)1 urmat de primul curs (1992)2 și apoi de întâiul tratat (1998)3 în materie se afirmă că fondatorul incontestabil al dreptului mediului ca disciplină științifică în România, prin lucrarea pe care o semnalăm și prezentăm prin rândurile de față, profesorul Mircea Duțu, directorul Institutului de Cercetări Juridice „Acad. Andrei Rădulescu” al Academiei Române și președintele Universității Ecologice din București, deschide cu titlu de pionierat absolut calea unui nou domeniu al reflecției juridice: dreptul climei; și de această dată, după ce acum un an anunța, printr-un inspirat și documentat studiu4 , asemenea evoluții rapide și complexe, iată că s-a ajuns la un reprezentativ volum de idei și analize asupra regimului juridic al acțiunii globale de combatere și atenuare a încălzirii globale și adaptării la efectele schimbărilor climatice.
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Infracțiunea prevăzută de art. 337 C.pen. are ca situație premisă solicitarea expresă din partea organelor de poliție rutieră adresată conducătorului auto de a se supune prelevării de mostre biologice, în ambele modalități normative, atât în cazul refuzului, cât și în cazul sustragerii conducătorului unui vehicul de a se supune prelevării de mostre biologice necesare în vederea stabilirii alcoolemiei.
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În cazul în care, prin contract, întreținerea a fost constituită în favoarea unei terț, această persoană are doar dreptul de a cere executarea contractului, nu și pe acela de a cere rezoluțiunea pentru neîndeplinirea obligațiilor. În lipsa unei prevederi exprese în cuprinsul secțiunii care reglementează contractul de întreținere, sunt pe deplin aplicabile normele de drept comun care reglementează stipulația pentru altul, iar acestea prevăd în mod clar că stipulantul este singurul care poate revoca stipulația [art. 1287 alin. (1) C.civ.], beneficiarul având doar dreptul de a solicita executarea [art. 1284 alin. (2) C.civ.]. (Curtea de Apel Timișoara, Secția I civilă, Decizia nr. 235 din 11 iunie 2020, www.rolii.ro1 )
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La data de 1 martie 2020, Parchetul de pe lângă Judecătoria X a solicitat a se dispune înlocuirea măsurii preventive a controlului judiciar cu măsura arestării preventive față de inculpat, ca urmare a incidenței în cauză a dispozițiilor art. 215 alin. (7) C.pr.pen
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The study addresses the issue related to the offence of family abandonment, in the version provided by Article 378 (3) c) of the Criminal Code, which consists in the non-payment, in bad faith, for 3 months, of the support pension established in court. In particular, the aim is to clarify the meaning of the phrase „committing the act”, designated as indicating the moment when the time limit from which the period for filing the preliminary complaint begins to run, as the legislator has chosen to exempt this offence from the principle of compulsoriness of setting in motion the criminal action. The conclusions reached are in the sense that the phrase „committing the act” implies nuances in the matter of continued offence, as it is the one of family abandonment, otherwise the solution being one that would implicitly modify the content of Article 296 of the Criminal Procedure Code.
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The article, a continuation of the study with the same title published in the previous issue of „Dreptul” magazine, presents in detail the minority point of view expressed within the civil procedure collective of the Faculty of Law of the West University from Timișoara, according to which the object of the incidental or provoked appeal/review may be the grounds or the solutions contained in the judgment of the court and in the preliminary conclusions, whether they have been challenged or not by means of the main appeal/review
