-
Ce înseamnã pentru noi unificarea dreptului privat operatã de noul Cod civil? O simplã juxtapunere a normelor civile şi comerciale într-un singur instrument legislativ? O comasare mecanicã sub o etichetã unicã? Noi ne-am ferit sã procedãm astfel şi am încercat o fuziune a dreptului civil şi a celui comercial. În primul rând, am aşezat aceleaşi principii la baza tuturor materiilor. Libertatea de a dispune, buna-credinþã, sancţionarea abuzului de drept se regãsesc în materia familiei, bunurilor, obligaţiilor. Regulile generale de la obligaţii se dezvoltã şi la contractele speciale, ipoteci etc. -
The object of a contract enjoys a long tradition in civil law. However, a good part of the legal doctrine contests its identity, noting that, as regulated, it is mistaken for the object of the obligation. On the other hand, European contract law codification projects avoid nominating it, replacing it with the contract contents. The new Civil Code does not assume these normative orientations, assuming the regulation of the Civil Code in Québec. This study is designed to examine these orientations, to evaluate the solutions of the new Civil Code and to make proposals for the improvement of the new normative provisions.
-
Relating to the provisions of the new Civil Code (Law no. 287/2009 republished in „The Official Gazette of Romania”, Part I, no. 505 of July 15, 2011, which was enforced on October 1st, 2011), the author examines in this paper the testament forms, in all respects on which they act. On this occasion, the author shows, on the one hand, that the regulation in question preserves many of the texts of the Civil Code of 1864, whose accuracy and actuality have been denied over time and, on the other hand, that it also establishes some new elements, required urgently by the new social realities. Doing so, Law no. 287/2009 becomes, regarding testament forms, a modern regulation, while the forms no longer used have been removed (such as mystic testament), and new short testament forms have been regulated, with a practical use that cannot be doubted (such as the testament made in case of epidemics, disasters, wars or other such exceptional circumstances, the testament made on board an aircraft, the testament made by the person admitted to a health institution) and expanding the scope of some forms (e.g. testament of amounts and values stored).
-
Promoting the conception according to which material evidence should be exclusively reserved for civil procedure as evidence is fulfilling its main role in trial, the author stresses that the new Civil Code achieves the unification of evidence regulation in civil matters, by including this regulation in art. 243-382 of the new Civil Code, a salutary solution, in accordance with the majority opinion of the doctrine. The Legislator, based on the new Civil Code, preserves part of the evidence regulations of the previous Code, but also embracing solutions adopted in the Civil codes of other states, such as, for example, the French, the Canadian province of Quebec or the Swiss Civil Code. Of course, the new Civil Code includes innovative solutions that the author deems useful and necessary, such as those relating to admitting as evidence documents stored on computer media or those regarding material means of evidence.
-
As of November 1999 to May 2011 the issue of strike was legally regulated by Law no. 168/1999 on the settlement of labor disputes, and in May 2011 by Law no. 62/2011 on social dialogue (which expressly abolished the provisions of the Law no. 168/1999 on strike). In this study, the author examines the new regulation on strike, highlighting both the provisions preserved from the previous law (no. 168/1999) and the new elements brought by Law no. 62/2011, highlighting, as the case may be, the positive or the negative aspects of Law. 62/2011.
-
In this study, the author makes an analysis – partly critical – of the provisions of Law no. 50/2011 on the performance of certain seasonal activities by day-workers, focusing on the correlation of this law with the European regulation in the field (Directive 1999/70/EC), noting that a series of provisions of Law no. 52/2011 should not be interpreted literally, but according to a „consistent interpretation” in order to avoid a series of contradictions and inconsistencies between the said directive and Law. 52/2011.
-
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.
-
In this study, the author stresses the need to take into account the gravity of the crime committed for punishment individualization, as the gravity of the crime and the punishment are connected by an inseparable nexum, both in the abstract formulation of criminal norm – not being able to imagine the description of a deed in a norm without punishment or vice versa – and in social consciousness, always linking the punishment to the gravity to the crime, in a relationship of cause and effect. However, the author reveals and performs an extensive research of the elements actually serving in the assessment of the gravity of the crime. Thus, in order to know the gravity of the crime committed, one must assess the specific nature and particularities of the specific legal object, the character and importance of the physical or intangible object injured or endangered by committing the crime, the way the action or inaction which constitutes the material element of the offense was performed, the nature and gravity of its consequences, the way the causality report was described, the shape and degree of culpability, the motive and purpose and the circumstances of the crime.
-
This study is designed to examine, in the detail, the issue of the administrator liability for the fraud committed against the company. The author have been trying to propose solutions for a series of problems regarding the definition of the expression „fraud against the company”; the discrimination between the fraud and the power abuse, as well as the relation between the sanctions for the exclusion and revoking of the associate administrator, namely when his exclusion applies and when his revoking applies.
-
Law no. 119/2010 settled that all service pensions (except those of magistrates and judges of the Constitutional Court) become common pensions (therefore established under the common law of pensions, i.e. Law no. 19/2000). In order to enforce Law no. 119/2010, Government Decision no. 735/2010 was issued. Among service pensions (now common pensions) are also the pensions awarded to retired persons coming from the system of defense, public order and national security. From July 2010 to January 2011, these service pensions were recalculated as common pensions under Law no. 119/2010 and Government Decision no. 735/ 2010. Subsequently, under Government Emergency Ordinance no. 1 / 2011, from February to December 2011, based on other criteria, said pensions were recalculated again (under Government Emergency Ordinance no. 1 / 2011). Being that, by law, each of these recalculations can be challenged in court, the author of this study examines the jurisdiction to settle the appeal of the decisions to recalculate the pensions in question, both those set initially according to Law no. 119/2010 and Government Decision no. 735/2010, and those recalculated again subsequently according to Government Emergency Ordinance no. 1 / 2011.
-
The issue of territorial planning and urbanism became especially important after the entry of Romanian in the European Union, due to the complexity and multitude of problems imposed by the dynamics and evolution of society. The ambience of constitutional provisions, conventional and community rules, the issue of the administrative court institution regarding urbanism and territorial planning and, notably regarding cancellation of building permits, acquires great importance and is intended to guarantee the fundamental rights and freedom of citizens in this complex field, less explored in literature. Based on these challenges, this study analyzes several issues that rise interest in attacking building permits in administrative court.
-
The issue of fighting corruption has been and still is a constant concern of the Romanian and foreign legal doctrine, as „corruption” takes various forms of manifestation punishable by criminal law as separate crimes. From this perspective, the author considers it useful to see the evolution of criminal law on fighting corruption in our country, by comparing the crime of corruption in the current criminal law with those regulated in the new Criminal Code. The article also emphasizes on the crime of buying influence, as a specific means of corruption crimes.
