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The article describes the common law system in terms of sources of law, in the British system, the term legislation being used to describe the statutes of Parliament and delegated legislation, and the formula case law to designate both common law and equity. Statute law or Acts of Parliament represents in the law system of Great Britain the equivalent of the laws adopted in the Romanian law by the Romanian Parliament, and the term delegated legislation describes all those rules adopted by authorities other than the Parliament of the United Kingdom, but under its authority. At the same time, it is characteristic of the British jurisprudential system to publish cases settled by the courts of law or to report them, this activity being carried out by lawyers, by a barrister or by a solicitor. -
The article sets out two components of the case of cassation on the application of the punishment within other limits than those provided by law: the scope of incidence the case of cassation in question and the solutions that may be given subsequent to the admissibility of the means of the appeal in cassation and the cassation of the challenged judgment, in this case. In the scope of incidence of the case of cassation on the application of punishments within other limits than those provided by the law several assumptions of violation of the principle of legality of the criminal law sanctions are included. First, the appeal in cassation is suitable to remedy illegalities which relate to the very nature of the sanction applied: punishment or educational measure. Secondly, an appeal in cassation may be filed to remedy illegalities related to punishments, regardless of their nature: main, complementary or accessory. Thirdly, within the category of main punishments, by way of appeal in cassation illegalities concerning the placement of punishment outside the special limits can be remedied, in the absence of a individualization cause. Under a first aspect, there may be invoked illegalities concerning the placement of punishment below the special minimum limit, in the absence of a mitigating cause. Under a second aspect, there may be invoked illegalities concerning the placement of the punishment over the special maximum limit, in the absence of an aggravation cause. Also within the category of the main punishments, by way of appeal in cassation there may be remedied illegalities resulting from the misapplication of the criminal treatment of the various causes of individualization. -
Principiul suveranității naționale consacrat în art. 2 alin. (1) din Constituție se reflectă la nivelul Parlamentului prin suveranitatea acestuia. Un prim efect direct al suveranității forului legislativ este independența acestuia și a membrilor săi, precum și autonomia organizatorică, funcțională, financiară și disciplinară a Camerei Deputaților și Senatului. ... -
The object of the contract 1 represents an essential substantive condition and validity of the contract and is a subject disputed in doctrine. The doctrinal dispute regarding the definition of the object of the contract generally has its origin in the polysemantic character of the term „object” 2 . Starting from the provisions of Article 962 of the Civil Code of 1864, the legal doctrine 3 has limited the object of the contract to the conduct of the parties established in that contract, to the action or inaction to which they are entitled or by which they are bound. In another opinion 4 it was mentioned that the object of the contract consists in the object of the obligations generated by it, i.e. in the service or services concerning the transmission of a right and a positive or negative fact of the debtor, as well as in the object of these services. The relation of determination between the object of the contract and the object of the obligation follows from the fact that all the characteristics of the latter have their origin in the nature of the object of the contract. In this sense, the current Civil Code removes the inaccuracy of the old Civil Code, which, in Article 964, confused the object of the contract with the object of the obligation. Thus, Article 1225 (1) of the current Civil Code provides that „The object of the contract is the legal operation, such as sale, lease, loan and others similar, agreed by the parties, as it appears from all contractual rights and obligations”. In other words, the object of the contract designates the legal operation through which an obligation is born, modified, extinguished, i.e. a legal relation, the content of which includes the rights and obligations of the parties 5 . The object of the obligation is the service to which the debtor is committed.
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In the interpretation and unitary application of the provisions of art.251 of the Law no. 32/2000 regarding the insurance activity and insurance supervision, as subsequently amended and supplemented, corroborated with those of art.24 of the Code of criminal procedure, the High Court of Cassation and Justice, in the judgment in the interest of the Law no. 3/2010, decided that “in the criminal trial, The street victims’ protection fund has the capacity of a liable party from the civil point of view and may be obliged solely, but not collectively with the defendant, to pay the civil indemnifications to the persons injured in non-insured car accidents”. In the attempt to answer the question whether, in a criminal trial, the defendant could be obliged to pay the civil indemnifications or whether the amounts paid as such shall be determined in the exclusive charge of The street victims’ protection fund, the author of the article promotes the idea according to which the main obligation to repair the damages shall belong, further, to the defendant, in his capacity as the offender of the illegal deed generating prejudices, and the existence of a special regulation set up for the purpose of protecting the victims of the car accidents, could not operate as a reason for holding harmless from the civil point of view. Considering that in the light of the present Civil Code the obligations of the defendant and of the above-mentioned fund keep their nature of in solidum obligations, the author considers that from the operative part and the considerations of the judgment in the interest of the Law no. 3/2010 of the High Court of Cassation and Justice, it does not result that The street victims’ protection fund shall be exclusively obliged to pay indemnifications in the criminal trial, as the law-related questions which have generated a non-unitary practice pertain only to the capacity of a party in a lawsuit of this fund and to the possibility to oblige him, collectively with the defendant, to pay indemnifications. -
Organizațiile societății civile pot fi uneori demersul cel mai accesibil și eficace pentru cetățeni, de a acționa pentru apărarea unui drept sau interes legitim. În plus, membrii grupurilor pot avea un cuvânt greu de spus cu privire la acțiunile ori inacțiunile statului. Aceste aspecte creionează o forță civică, ce, folosită cu bună-credință, poate duce la progresul întregii națiuni. În absența unui simț civic dezvoltat, comportamentul unor persoane ce doresc a abuza de o organizație a societății civile apare ca fiind extrem de nociv pentru democrație1 . Practic, dintre acei puțini români ce se implică, o parte nu urmăresc dezvoltarea comunității, ci propria bunăstare. -
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Under the old civil law, the registration of a property right in a land registry was a follow-up phase to the fulfilment of the obligation to give, that is, to transfer the property. In that sense, the registration thus carried out was only intended to ensure to third parties the publicity of the legal transaction transferring the right of property, making the new owner known, similarly to other law systems in Europe. Currently, under the Civil Code in force, things have remained relatively under the same conditions. The Civil Code regulated the constitutive system of registration rights in the land registry, but the implementing law postponed those provisions until the completion of the cadastral measurements. However, we consider an apriorical analysis of the constitutive system of rights to be helpful in anticipating and clarifying the legal issues that may arise in the future, but also in determining the legal nature of the interim period between the conclusion of the contract and the time of registration in the land registry, that is to say, until the time of complete fulfilment of the obligation to give. Last but not least, we will analyze aspects of the eventual liability that could be committed because of the faulty fulfilment of the obligation to apply for registration in the land registry, therewith identifying the persons who can apply for the registration and the persons who have to apply for it.
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The author analyses crimes such as “Not helping a person who is in need” and “Preventing help” from the new Penal code, revealing, if the case may be, the similarities and differences as compared to the effective penal law. The last part of the article contains elements of comparative law, with reference to the approached theme. -
At the beginning of this study, the author makes an exposition of the economic and contractual environment whose needs have determined the necessity of recognition by the legal doctrine and by the case law and then the legislative consecration of the existence of a general obligation of pre-contractual information as duty of the participants in the civil circuit. The legal basis for this obligation has been found and discovered, by way of interpretation, in the texts of the Civil Code that establish the principle of good faith in the negotiation, conclusion and execution of contracts. The author also points out that there are numerous provisions mostly in the legislation connected to the Civil Code, which pertains to the consumption law, where there are regulated specifically and in detail various obligations of pre-contractual information, in the matter of contracts concluded between professionals and consumers. In this context, it is also established the existence in the special legislation of what the legal doctrine calls „informative formalism”, which means that upon the conclusion of some contracts, where the law expressly provides so, the information which the professionals are required to provide to the contractual partners must take a certain form, which most often is the written form; the failure to comply with the requirements of informative formalism can lead to various sanctions, some of them administrative or contraventional and others of private law. The study concludes with an overview on the private law sanctions which can intervene in case of failure to perform or of the improper performance of the general obligation of pre-contractual information. -
In this study the author analyzes the victim’s obligation to minimize the damage in the context of a hypothesis of tort civil liability. In this sense, after a short introductory part intended to set the framework of the analysis, the author proposes to identify what would be the normative provisions from which the victim’s obligation to minimize the damage would derive, emphasizing the fact that, despite the lack of a clear and unequivocal rule in this sense, the existence of the obligation still derives from a whole series of legal provisions. The particularities of the obligation to minimize the damage are further addressed, its general legal regime being decrypted, with emphasis on those aspects that distinguish and individualize it in relation to other legal institutions, but also its mode of operation. Likewise, the author aims to identify the legal nature of the obligation to minimize the damage, underlining the limits of the theses advanced so far and showing why the obligation is a sui generis one. Further on, there are emphasized the consequences produced by the obligation to minimize the damage, whether respected by the victim or not, and in the end there are presented brief considerations referring to his procedural regime. -
In this study the author examines the provisions of the new (Romanian) Civil Procedure Code referring to the verification of the application for summons and its regularisation by the law court, in the light of the procedures of the same code which regulate the nullity of procedural acts.
