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The action regulated by Article 1064 of the Civil Procedure Code has a special regime, derogating from the classic situation of tortious civil liability, regulated by Article 1357 of the Civil Code. The practical situation of this action is somewhat uncertain, as there is no unitary judicial practice that decides the legal nature of the action for damages provided by Article 1064 of the Civil Procedure Code. In these conditions, we considered it opportune to analyze the legal nature of the action for damages regulated by Article 1064 of the Civil Procedure Code, in a parallel vision with the provisions of Article 1357 of Civil Code, which regulates tortious civil liability. All this, by reference to those established by a recent court decision resolving such an action for damages. In the present study we tried to offer a perspective and a practical analysis on several situations generated by the application of Article 1064 of Civil Procedure Code. -
In this article, the author analyzes the legal nature of the parliamentary committees and concludes, together with other authors, that they should be considered as internal working bodies of each Legislative Chamber. The role of parliamentary committees, whether standing committees or committees of inquiry, or other special committees, is to prepare the works which are going to be debated in the plenum of the Legislative Assemblies. As working bodies, the parliamentary committees do not have their own decision-making power over the matter referred to them. In other words, the parliamentary committees do not express a political will, in a deliberative sense, because their role is to examine the matters referred to them by the standing bureaux of the Legislative Chambers and to make proposals thereto. The reports and opinions they make on the matters under examination have the value of recommendation made to the plenum of each Legislative Chamber, these being free – as deliberative bodies – to accept or reject the solutions proposed by the committees. Each Chamber of Parliament has the full freedom to set up specialized committees in certain areas of activity. The Constitution obliges the Legislative Chambers to set up permanent committees and to set up – when it deems necessary – committees of inquiry or other special committees. The composition of the parliamentary committees reflects, as far as possible, the political configuration of the Chamber that has decided to set them up. -
The study deals with the problem of the legal nature of the concurrence established between the offence of assault or other violences and the offence of ill-treatment of minor. The identity in material element between the two offences may be complete, in which case they are in formal concurrence. There is a complete identity in material element when both offences involve a duration of consumption in time. The identity in material element can not be complete, in which case the two offences are found in real concurrence. There is an incomplete identity in material element when the offence of ill-treatment of minor involves a duration of consumption in time, while the offence of assault or other violences lacks this feature.
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Unlike the previous legislation, which did not contain any reference to the progressive offence, the new Criminal Code indicates the time from which the prescription period starts to run for this type of offence, without regulating, however, other aspects referring to the criminal treatment applicable to the acts falling within the legal category in question. This task lays further on case-law and doctrine, but, having regard to the numerous contradictory solutions and controversies noted, some regulations to ensure a uniform settlement of the noticed aspects shall be required, de lege ferenda. -
The study thus entitled draws the conclusion that the fiscal inspection report, as a deed preceding the issuance of the notice of assessment, cannot form the object of an action in the fiscal and administrative contentious neither severally nor jointly with the fiscal and administrative document, as erroneously resolved, in some occasions, by the Section of Administrative and Fiscal Contentious of the High Court of Cassation and Justice. -
In this study, after a brief introduction on parental rights and obligations, the author examines, in the light of the legislation currently in force (Family Code – amended by Law no. 288/2007, and Laws no. 272/2004 and no. 273/ 2004), and in the light of the future Romanian Civil Code (published on July 24, 2009 but not yet into force), the status of parental rights and obligations, provided that the child has been legally entrusted to other persons, discussing, in this manner, with priority, the extent to which the parents are entitled to provide their consent to the marriage of their child (if the child is a minor) or to his/her adoption. -
The very short term usucapion can be considered a specific simplified usucapion, regulated by the provisions of the Law No 7/1996, as amended and supplemented, which represents a special way of acquiring the property right with regard to the real estates, in principle, not registered in the land book and for which there are no property deeds, through the possession noted in the land book uninterrupted for a period of 3 years. The specific usucapion analyzed applies only for the acquisition of the property right, in case of sporadic registration operation, regarding real estate lands, with or without constructions, which may form the object of private property, not registered in the land book or registered in the land book opened under the Decree-law No 115/1938, in accordance with the law.
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The confession or the recognition has a mixed legal nature; it is primarily a means of evidence, but it also represents an act of disposition of the party that gives the confession. The legislator of the new Civil Procedure Code distinguishes between the probative force of the legal confession and the probative force of the extrajudicial confession, so that, in relation to the provisions of Article 349 (1) and of Article 350 (1) of the mentioned normative act, the two types of confession are no longer on the same level. The extrajudicial confession is left at the discretion of the judge and it may be challenged by the contrary evidence. Instead, the judicial confession is full proof against the person who gave the confession. -
Through this study we have tried to evoke an issue insufficiently addressed in the Romanian law, but which has provoked a series of controversies in the French doctrine and case law. Specifically, we tried to answer the following question: Does dolus require an excusable error? Or if, on the contrary, the (un)excusable nature of the error caused has no relevance for the retention of dolus? Following the presentation of the arguments expressed in the Hexagon, but also by certain Romanian authors, we will present our own point of view on this issue. In our opinion, according to the current Romanian civil regulation, dolus requires the existence of an excusable error, in opposition, for example, with the solution chosen by the French legislator in 2016 or with the vision of the editors of the UNIDROIT Principles. The Romanian judges confirm, in the majority, that it is inconceivable to cancel a contract for dolus, while the alleged victim of the dolus has violated by guilt his obligation of self-information. In other words, the lack of some reasonable diligences in order to know the reality excludes the dolus. -
Environment protection represents a more and more important issue in terms of multiplication of the risk factors for the ecological balance, necessary for the normal course of life, so that it is required to act with more determination in this field, by increasing the weight and the severity of the repressive means against those who significantly prejudice the specific values. As such, the author shows that it is necessary that the role of the criminal law be amplified in order to sanction the deeds that seriously damage the environment, with negative consequences for the quality of life of the human beings and of the other living beings. -
În prezent, de peste un deceniu, problematica organizării și exercitării profesiei de consilier juridic, precum și a statutului acestei profesii este reglementată prin trei acte normative, și anume: – Legea nr. 514/2003 privind organizarea și exercitarea profesiei de consilier juridic1; – Statutul profesiei de consilier juridic2 (în continuare, Statutul – n.n.); – Regulamentul privind recunoașterea calificării profesionale de consilier juridic a cetățenilor statelor membre ale Uniunii Europene sau aparținând Spațiului Economic European, în vederea admiterii și practicării acesteia în România3
