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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. -
Case law has outlined a solutions divergence on whether prisoners of war and / or persons who have been deported on ethnic grounds in the 5th decade of the last century may or may not benefit from compensations governed by previous regulations regarding these two categories of persons. Author’s well-founded view is oriented towards a negative direction.
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Examining art. 201 of Law No. 71/2011 for the implementation of the new Civil Code (Law No. 287/2009, republished on July 15, 2011) in conjunction with art. 6 paragraph (4) of the said Code, the author concludes that judicial bodies (judiciary authorities and arbitration courts) can, ex officio and at any stage of the trail, claim the limitation periods that have begun under the former regulation (Article 18 of Decree No. 167/1958) as well, regardless of whether such limitation periods have been met or not until the entry into force of the new Civil Code; subsequently, only the limitation periods which have begun after October 1st, 2011 (the date of entry into force of the new Civil Code) shall be able to be claimed exclusively by the interested party and only until the first term the parties were duly summoned at (this according to art. 2513 of the new Civil Code).
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The new Romanian Criminal Code’s lawmaker took most of the regulations from the Criminal Code in force, the so-called constants of criminal law, but also introduced new ones, unknown to our law, some of which being required by the current socio-economic conditions and others being introduced out of the lawmaker’s desire to bring something new to the criminal law in force or simply to take them from other foreign laws, although criminal law science did not call for this. In this study, the authors make an inventory of these innovations, while attempting to analyze thereof and show the unfittingness of their introduction or acquisition from other foreign laws.
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The change of vision brought by the new Civil Code in re ation to the partition contract requires an examination more attuned to the practical aspect. This study shows that, due to the fiscal taxation and the problem of the community regime of spouses, it shouldn’t be indifferent to us the translative effect of the partition contract. The transition from the declarative effect has clearly intended to provide a more coherent system in regard to certain issues like the fate of deeds closed by a co-owner over the whole property as well as the guarantee for eviction and defects. However, we tried to state that the retroactivity of the declarative system provided as well palpable benefits for the person seeking to enter into a partition by mutual agreement. Also, in the final part of this study we provided some details regarding the conditions for registration in the land book of the legal hypothecation stipuled for the previous co-owner regarding the debt from eviction.
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In this study the authors examine the issue regarding the ways to determine lineage and the recognition of the child (art. 408 and art. 415 and the following of the new Romanian Civil Code - Law No. 287/2009, republished on July 15, 2011 and entered into force on October 1st, 2011) noting the differences in relation to the previous regulation (the Family Code in force from February 1st, 1954 until September 30, 2011); in this context, on the one hand, the positive aspect of the new regulations is highlighted, and on the other hand, a series of lex ferenda proposals are also being carried out.
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The article analyzes recent and older judgments of the High Court of Cassation and Justice and other courts on the regularity of the document instituting court proceedings, through the indictment prepared by the prosecutor. By highlighting the lack of uniform settlement of irregularities arising in the procedure laid down in Art. 300 of the Criminal Procedure Code, the authors try to find harmonious solutions for the procedural incidents arising in matters. Also, a significant part of the article is dedicated to the provisions of the new Code of Criminal Procedure relating to the analyzed matter, highlighting some deficiencies specific to the new rules. -
Criminal Rule incriminates the refusal to collect “biological samples”, highlighting the driver’s bad faith. Law does not refer to the case where the driver has agreed to provide the first biological sample but refuses the collection of the second. Such situations hindering the criminal prosecution body were met in practice. After a thorough assessment of the incriminating wording in accordance with the criminal provision’s rules of interpretation, the author concludes that the refusal to provide the second biological sample is an offense.
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In this article, whilst critically analyzing the relapse doctrine and jurisprudence, the authors argue that the provisions of Article 38 paragraph (2) of the Criminal Code – which stipulates for that convictions for which rehabilitation occurs or for which the rehabilitation period was completed do not entail the relapse status - do not imply that the relapse status is determined by court rehabilitation decision, but just by meeting the rehabilitation deadline, without inquiring whether the other judicial rehabilitation requirements are also fulfilled.
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Public-private partnership in the Romanian law is one way of effective management of public or private property owned by the State or territorialadministrative units that meets a particular need of these entities; its object is the execution of works, supply of products or provision of services. In the current legislative context, the public-private institution finds a new legislative establishment through the Law no. 178/2010 concerning the Public-Private Partnership, as amended and supplemented. In the climate of the new regulations in this area, the present study proposes an analysis of private investors selection procedures, considering that the private investor selection is a crucial procedural step in awarding the public private partnership contract, as it concerns the transparency of public authorities in the execution of the contract and aims at ensuring the protection of free competition in awarding such contracts.
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The present study examines in detail the conditions for contracting authority’s cancellation of the award procedure for the public procurement contract, taking into account that the legislative act (Government Emergency Ordinance no. 34/2006 regarding the award of public procurement contracts, public works concession contracts and services) underwent the last 2-3 years - in the terms considered - radical changes likely to run on the current legal regime.
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The study hereafter aims at developing the subject represented by the lease contract of an intellectual creation correlated with the new legal dispositions of the Civil code concerning the lease agreement. The analysis is inscribed in the author’s sphere of interest concerning the major copyrights turning into account agreements following an ample theoretical schedule, which is defined by the effort to compare the particular legal provisions on this type of agreements to the larger area of legal provisions comprised in the Civil code that came into force in October, 2011. The necessity of this study is derived from the circumstance that this type of agreement dealt with hereafter is brought under regulation by a single article encompassed in Law no. 8/1996, corroborated with the fact that the patrimonial author’s rights turning into account agreements are not referred to within the legal provisions of Law no. 287/2009. (The Civil Code)
