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The study analyses the right of the accused to participate in the judgement of the case, the notification thereof and the finding of an obvious avoidance that allows for a decision to be taken in absence. In addition, there are analysed practical cases about the judgment of the case in the absence of the defendant for the reason of deliberate avoidance, as well as for reasons imputable to the authorities when the defendant has not been properly summoned. -
Through this study we have made a thorough analysis of the conditions of admissibility of the special cancellation (revocation) action regulated by the provisions of Article 117 of the Law No 85/2014 on the procedures for preventing insolvency and of insolvency, as well as an analysis of the possibility of cancelling (revoking) any fraudulent act concluded by the debtor in the 2 years prior to the opening of the insolvency procedure. Likewise, we have analyzed what operations concluded, in the two years prior to the opening of the procedure, with the persons who have legal relationships with the debtor may be cancelled and the benefits recovered, if they are to the detriment of the creditors, except for the acts concluded in good faith in the execution of an agreement with the creditors, concluded as a result of extrajudicial negotiations for restructuring the debtor’s debts
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The retransmission of the right to successoral option raises some difficulties of theoretical understanding and practical application, at least for the following reasons: the Civil Code, now in force, substantially changes the logic of the previous regulation of this legal institution; in practice, there are being debated, with a significant frequency, inheritances opened before 1 October 2011 (the moment when the current Civil Code entered into force) and which consequently fall under the incidence of the provisions of the former Civil Code (which ultractivates); there are encountered, in practice more frequently, several inheritances in respect of which the right to successoral option has been successively retransmitted; the institution about whose issues we are concerned herein, in particular, have some resemblances to the successoral representation and to the retransmission of the inheritance. For all these reasons, and we believe that there are not few, nor the only ones, we will discuss further the retransmission of the right to successoral option, starting from the theoretical aspects, which are indispensable for its just understanding and for its proper application in practice. In this context, we will give concrete examples, with the hope that they will be of use to theoreticians and, in particular, to practitioners in the field of successions.
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The neutral power, i.e. a power that is situated outside the three powers derived from the organisation of the state on the basis of the principle of separation of powers, was conceived and institutionalised in various ways. One of them transforms the Head of State into a power that distances itself from political games and the separation of powers. The Head of State plays the role of balancing power and that of mediator between legislative, executive and jurisdictional powers and between state and society. The following article examines the role of the Head of State as neutral power in the constitutional history of Romania and in the 1991 Constitution.
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In our previous study we have analyzed cybercrime in the Cloud Computing environment. Our research led us to the conclusion that, with the rise of Cloud Computing services, cybercriminals benefit of new and improved ways of conducting their illicit activity, thus using the Cloud environment as an instrument or as a specific target. Furthermore, we have discovered that cybercrime is constantly changing. Emerging technology trends like Big Data, Social Networks, the Internet of Things and Cloud Computing services change the way that cybercriminals act today. As more and more relevant data is located in the Cloud, the cybercrime threat also increases. Cloud Computing also offers immense computing power at the disposal of nearly anyone, criminals included. This leads to the migration phenomenon of cybercrime. Traditional forms of cybercrime are gradually replaced by new and more complex ones, like those that occur in Cloud Computing and in other information technology environments. Our study shows that there are a series of factors that are held responsible for the cybercrime migration phenomenon. These factors include: powerful processing power, huge volumes of valuable data, extended service availability, risk of mass attacks, vanishing fingerprints, adaptable crime tools and others. Only by examining the way that cybercrime evolves we will be able to reduce its harmful effects.
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This study aims to analyze the characters of the claim of a creditor entitled to request the opening of the insolvency procedure, namely the certain, liquid and exigibile character, as well as the conditions for admitting the application for claim in the insolvency procedure. The creditor’s right to request the opening of the insolvency procedure is one of the modalities which the legislator has made available to him in order to materialize his claim right against his debtor. The opening of the insolvency procedure does not have the characteristic of an actual enforcement, because insolvency does not provide the guarantee of the effective satisfaction of the claim right against the debtor. The creditor entitled to request the opening of the insolvency procedure must have against his debtor a clear, liquid and exigible claim for more than 60 days, in a minimum quantum established by the law.
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The doctoral studies consist of two components developed under the guidance of a doctoral coordinator, namely a training programme based on advanced university studies, as well as an individual scientific research programme. The doctorate is finalised with the public presentation of a paper elaborated by the doctoral student. The doctoral thesis must demonstrate to have the advanced scientific knowledge of the topic addressed, must contain elements of originality in the development or solving of the topic, as well as modalities of scientific validation thereof. In order to fulfil the condition of public presentation of the doctoral thesis it is required an evaluation both from the guidance commission within the doctoral school and from the commission of public presentation of the doctoral thesis within the doctoral school. Evaluation is a complex process, which has as finality to form the belief that the doctoral studies have achieved their purpose by certifying the merit, value, meaning of the respective paper. The failure to comply with good conduct in research, including the plagiarizing of the results or publications of other authors, producing results or replacing the results with fictitious data, brings about the failure to obtain the agreement of public presentation of the paper. The legal nature of liability for violating the rules of deontology in the preparation of doctoral thesis is diverse, from the disciplinary liability to the criminal liability.
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In this article the author, starting from a case settled by the courts, refers to the patrimonial liability of the legal advisers. In essence, he points out that in the exercise of their profession, they undertake the obligation of means (of diligence), in the sense that they have the duty to make all the necessary diligence, all their (professional) knowledge and efforts so that the expected outcome be achieved. In the contrary hypothesis however, when acting negligently, unprofessionally, etc. and cause damages, the legal advisers will be liable in terms of patrimony (on civil-contractual terms) to their employers.
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Pentru existența faptei prevăzute de art. 337 C.pen., refuzul sau sustragerea trebuie să privească supunerea la prelevarea de mostre biologice, spre deosebire de vechea reglementare a faptei, unde se prevedea că acțiunea autorului putea să se refere și la refuzul sau sustragerea de la supunerea testării aerului expirat.
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In this study, the author analyzes the ratio of the „data of a personal nature” and „personal data” and he draws up an inventory of the most important qualifications offered so far by the doctrine about the legal nature of these data. Finally, the author concludes that „personal data” are intangible movable assets, then he presents a number of practical consequences of this qualification.
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This study analyzes briefly the new rules of the private international law of the European Union applicable to cross-border insolvency, contained in the Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) and applicable in their large majority starting with 26 June 2017. The study presents the legislative history of cross-border insolvency in the Union, the context of the adoption of Regulation (EU) 2015/848 and the objectives aimed thereby. Similarly, there are briefly presented the scope of application of the Regulation, the rules on international jurisdiction, the main and secondary insolvency proceedings, the law applicable to insolvency proceedings and their effects, the recognition of the judgment for opening the insolvency proceedings, the insolvency proceedings applicable to companies of the group and the insolvency registers.
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This study proposes an analysis of the regulation of the institution of return by right of ownership of land located in the built-up area, with particular reference to the interpretation of the provisions of Article 25 (1) of the Law No 18/1991, amended, supplemented and republished. In the thematic approach, there are presented a series of reasons meant to clarify the legal content of the terminology of the text, emphasizing the jurisprudential meaning of the syntagms used by the legislator. Thus, the notions of reconstitution, constitution and return by right of ownership are analyzed distinctly, showing that the text of law in question is incidental both in the assumption that the agricultural cooperative of production has attributed lots for use in the gardens located in the built-up area of the former owners to third parties, cooperative members who were not the owners of that land, and in the assumption that such lots were attributed to the former owners themselves, who became members of C.A.P., either on the same site, in continuation of the 250 square meters of personal property, according to the regulations of that time (the dwelling house and household dependencies, the land on which they were located and the yard), or on another site in the built-up area. Some critical remarks are made on some approaches coming from a land fund county commission, but also from the court, which, in our opinion, did not take into account the conceptual efforts of the doctrine and the judicial practice in the matter. We are convinced that reading this study will effectively contribute to the reduction to evanescence of the risk of bringing prejudice to the real protection guaranteed by the legal order in the field of establishment, defence and exercise of the legitimate rights and interests of the persons covered by this text of law.
