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The legal circulation of lands has raised for discussion the necessity of adoption of a normative act which would provide for the alienation of lands, the conditions for acquiring the right to private ownership over lands, but also the possibility for foreign citizens, stateless persons and foreign legal persons to acquire the right to private ownership over the lands in Romania. Thus, it was adopted the Law No 312/2005 on the acquisition of the right of private ownership over the lands by the foreign citizens and stateless persons, as well as by the foreign legal persons. Then, it was also adopted the Law No 17/2014 on certain measures regulating the sale and purchase of the agricultural lands situated outside the built-up area and amending the Law No 268/2001 on the privatization of trading companies which have under administration lands in the public and private ownership of the state with agricultural destination and on the establishment of the Agency of State Domains. -
Analyzing the draft of the Romanian law regarding the protection of national minorities in Romania (to be adopted pursuant to the Framework Convention for National Minorities adopted in 1995 by the Council of Europe), the author believes that inserting the definition of the “national minority” term into law is inappropriate; the mere listing of some objective criteria, useful for identification, is sufficient and useful. -
In this study it is subjected for analysis the offence of driving a vehicle under the influence of alcohol or of other substances provided by the Criminal Code in Article 336. The reason for the author's choice of this topic is determined by the fact that a more increasing number of persons commit this type of offence, as well as because the offence has suffered most of the amendments since the entry into force of the new Criminal Code up to the present day, the most important amendment being the one operated by declaring the Article 336 of the Criminal Code unconstitutional. -
The additional acts do not enjoy a legal definition in the labour legislation, although some legal texts make reference thereto or the necessity of their conclusion results from the interpretation of the legal provisions. At the same time, the conclusion of the additional act to the individual labour contract is frequently used in practice. Among the measures to make the labour relations more flexible is the temporary change of the workplace at the domicile of the employee, in which situation there must be concluded an additional act to the individual labour contract. It is necessary de lege ferenda to enshrine a legal definition of the additional act in the Labour Code.
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The issue of the correct determination of the moment when it begins to run the time limit for declaring the contestation for the prosecutor against the interlocutory judgments by which the judge orders the rejection of the proposal of preventive arrest or of house arrest, the revocation of the preventive measure or the replacement of the preventive measure with a slighter measure has a particular importance given that it will also mark the moment when this processual right of the prosecutor will cease, under the terms of Article 268 of the Criminal Procedure Code. As we will show in the arguments offered in our paper, the criminal processual provisions do not provide for a distinction as to the moment when the time limit for declaring the contestation begins to run as the prosecutor or the processual subjects were present or absent when the judgment was pronounced, but provide expressis verbis such a distinction between the prosecutor and the processual subjects in this respect, the only rigorously correct interpretation is the one showing that, always in the matter of preventive measures, the time limit for declaring the contestation begins to run from the pronouncement of the judgment in relation to the prosecutor, whether or not he was present at the time of pronouncement. -
Despite of the settling for several years in the Romanian legislation of the regulation giving the creditor the opportunity to regulate the enforcement of the debtor’s obligation, the holder of a trademark, in the manner of the legal seizure of the trademark directly from the estate of the latter – the provisions of art. 40 para. (2) of the Law no. 84/1998 on trademarks and geographical indications, the creditors completely ignore this option as they are not able to anticipate its multiple advantages. The legal seizure of a strong trademark known among consumers – the recipients of the goods or services which the trademark is associated to, confers the creditor seeking enforcement a true mean of enforcing the debtor in the voluntary and immediate execution of its duty. The latter is threatened with the loss of the right to use the trademark in its trade activity, a trademark that it had made famous in time with significant costs and making continuous effort. The manner in which the legislator intended to outline the text of art. 40 para. (2) of the Law no. 84/1998 suggests indirectly that the trademark rights can be enforced ut singuli, distinctly from the goodwill in which they are included, and the legal nature of the concept of trademark determine the means of enforcement whose procedures have to be followed in order to achieve the ultimate goal – recovery of the claim: the indirect. movable enforcement, by sale at auction of the trademark rights, after its evaluation by a judicial technical expert in the matter of the industrial property rights. -
The interdiction of the pignorative contract is a traditional solution for the Romanian law and corresponds to a real need to protect the debtor. However, this study attempts to prove that the solution is presently in disagreement with the legislative policy established by the new private normative order that encourages the diversification of the guarantee mechanisms. Presently, the function of this prohibition would rather be a theoretical one, not to affect the classical physiognomy of mortgage in the continental law system; but, in a legislative system which expressly establishes legal figures such as the sale with repurchase option or the sale with reservation of title and which seems to allow lawful transfers as a security measure, the interdiction becomes formal and it excessively complicates the situation of the participants in the legal circuit. -
In this article, the authors analyze the legal rules of the Romanian law, with reference to those of the European Union and having regard to the national and European judicial practice, as well as the legal provisions in the comparative law on the interdiction to dismiss the pregnant employees. They point out to the inconsistencies in the national law and to the insufficient regulation, which creates confusions in the practice of the employers and of the courts, they note that our legislator did not make a full transposition of Directive 92/85/EEC and, unlike the law of other countries, it does not indicate all (exceptional) situations where the dismissal of the pregnant employees might still occur.
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This study examines the issue of the joint security of creditors over the debtor’s patrimony in the light of art. 2324 of the current Romanian Civil Code (Law no. 287/2009, republished on July 15th 2011 and entered into force as at October 1st 2011), with a special regard concerning the mentioned issue in case of establishment of patrimonies of affectation over the joint security of creditors. -
The author raises for discussion a series of legal issues related to the proper interpretation and application of two cases of cessation of the individual labour contract, regulated by the Labour Code, namely: – the cessation de jure of the individual labour contract pursuant to Article 56 (1) c) of the Code (cessation de jure on the date of the cumulative fulfilment of the standard age conditions and of the minimum contribution period for the compulsory pension); – the dismissal determined by the dissolution of the position held by the employee (Article 65 of the Labour Code).
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At the crossroads of general regulations concerning both public and private property in the newly enacted Civil code, of specific rules concerning the concession of public assets or the exercise by the local public authorities of their powers relating to the administration of public and private domain of the administrative-territorial units as well as of even more specific provisions in the public-private partnership law, the legal regime of assets involved in public-private partnership projects requires detailed attention. Designing and understanding such legal structure combining old and new regulation may contribute to the sucessful application of regulations concerning public-private partnerships. -
This study tends to be a partly critical analysis of the provisions of Article 117 of the Civil Procedure Code, and also an approach to bring to the attention of „doctrinarians”, „judges” and, especially, of the „legislator” the existence of a legislative gap in respect of the exclusive territorial jurisdiction of the courts in the situation that „disputes referring to real rights concern two or more estates located in the territorial districts of different courts”.
