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While discussing if the “Alexandru Ioan Cuza” Police Academy students (those enrolled in the undergraduate programme, day classes) may, during their university studies, conclude individual labour contracts with other employers, the author reaches the following differentiated conclusion, namely: The students of the Police Faculty of this Academy cannot hold any public or private position, except for the teaching positions within the teaching institutions, of the scientific research and literary-artistic activities, taking into account Art. 10 (4) and Art. 45 (i) of Law no. 360/2002 (The policemen’ statute). The students of the Firemen Faculty and those of the Archive Faculty can, during the studies, conclude individual labour contracts with any employer, on condition that this does not affect the honour or dignity or deontology of the stature of public clerk of military employee. -
In this study the author debates – in the light of the current Code of Civil Procedure and of the new Code of Civil Procedure, published in 2010, but not yet enacted, if in the actions regulated by Law no. 18/1991 (as republished) there must be or not be introduced, even ex officio, all the persons entitled to lodge the applications for the re-enactment of the ownership right over a certain given land fund. -
The idea of this study has as starting point the „ambiguity” which, under the influence of the current Community and internal regulations, floats over the legal distinction between „designs” and „models”, as well as over their legal nature. Thus, the common definition reserved by the internal and Community regulations for the design and for the model, as well as their alternative or cumulative use in the legal texts convincingly support the existence of this „normative ambiguity”. This „legal reality” is accompanied by the non-existence of some doctrinal concerns for arguing the specificity of designs and of models, mostly by reference of one to the other, but also by reference of these to other kinds of intellectual creation. In fact, as this issue has been approached in the Romanian doctrine, the authors confine themselves, as a rule, only to take over some theses from the foreign legal literature, especially from French one, being less concerned with their logical and legal grounding. -
In this study it is examined the legality of the control by the Court of Audit in the matter of public procurement provided that the legislator has conferred the jurisdiction of verifying the procedure for the award of these contracts to other specialized public authorities, and has conferred to the Court of Audit powers of general control on the manner of formation, management and use of the public financial resources. Taking advantage of these control powers with a wide range of coverage, the Court of Audit has extended, unlawfully, through its own regulations, this control over a specialized field, respectively that of the procedure for the award of public procurement contracts, overlapping the control exercised by other administrative authorities and affecting the stability of the legal relations arising from these contracts. That is why it is proposed the legislator’s intervention for the express regulation of the control powers of the Court of Audit in the matter of public procurement, the conditions and limits of this control, in order to avoid the parallelism and the conflict of jurisdiction between this public authority and the other specialized administrative authorities in the field. -
There are different solutions concerning the legality of inclusion in the annual paid leave allowance of the 4 additional sucessive classes of remuneration by which the basic salary is increased, as additional payment for exercising the activity of preventive financial control, according to Article 20 (4) of the Framework Law No 284/2010 on the unitary remuneration of the staff paid from public funds. According to some opinions, it is permitted to include in the annual leave allowance the 4 additional sucessive classes of remuneration, while, according to other opinions, this possibility is not admitted. This study presents the conditions in which, in the opinion of the author, the 4 additional sucessive classes of remuneration can be included in the annual paid leave allowance. -
In the study hereby the author approaches a controversial topic among experts, namely whether granting loans / lending between companies (other than credit institutions – banks, etc.) is legally permissible or not. Analyzing both affirmative and negative statements, the author finally argues that the granting of loans / credits between companies (other than credit institutions) is legally possible, provided such activity occurs transiently. -
Granting the potential contribution period for establishing the invalidity pension of persons classified within the 1st or 2nd invalidity degree who have lost their capacity to work due to common illnesses or accidents, not related to work, is currently conditioned by the obligation to complete a contribution period „in relation to age, provided in Table No 3” of the Law No 263/2010. The author considers that this provision, laid down in Article 76 (1) of the Law No 263/2010 on the unitary system of public pensions (as revised through Law No 37/2013), is unconstitutional as it is contrary to considerations made by the Constitutional Court in its Decision No 680/2012. -
Unfortunately, labor legislation also includes insufficiently clear, parallel or contradictory provisions. Some of these provisions relate to the probationary period for persons with disabilities, and others relate to the cancellation of the penalty, consisting of disciplinary termination of the employment contract. In this study, the author analyzes the views expressed in the legal literature on the two institutions and also draws his own solutions. -
This study starts by a comparative analysis of the institution of the summons to pay (regulated by Government Ordinance no. 5/2001) and the procedure of the payment injunction (regulated by Government Emergency Ordinance no. 119/2007), and in the end proposes the unification of both pieces of legislation into a single one, equally applicable to civil and commercial obligations. -
In this study, the author analyzes the provisions of the Romanian Civil Code (the Law No 287/2009) referring to the matrimonial convention (Articles 329–338 and Articles 366–369). Therefore, there are examined the provisions on: the notion; the principles of the matrimonial convention; the legal characters; the conclusion of the convention – the conditions on the substance and the form of the convention; the date of conclusion and the date from which it produces effects; the caducity, the simulation and the nullity of the matrimonial convention; the object of the convention; the publicity of the convention and its amendment. -
By a thorough critical study of the provisions of the Law No 8/1996 on copyright and neighbouring rights, the author notes that this Law does not provide an explicit definition of the notion of „work” (of intellectual creation). That being so, in this study, after a legal and linguistic analysis, the author gives in advance his own and complete definition of the notion of „work” (of intellectual creation). The following are further examined: the categories of intellectual creations which do not constitute, however, „works” within the meaning of the Law No 8/1996 and, finally, the substantive conditions for the legal protection of „work” (of intellectual creation), concluding that, under the mentioned aspects, it is required the improvement of some wordings and regulations included in the mentioned law. Key words: work (of intellectual creation); legal regulation; definition of the notion; intellectual creations which do not constitute „works” within the meaning of the Romanian legislation; substantive conditions for the legal protection of the „work”. -
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.
