-
În spațiul public românesc din ultimii patru ani, discuțiile referitoare la revizuirea Constituției au devenit atât de uzuale, încât riscă să bagatelizeze nu doar ideea de revizuire a Constituției, ci chiar conceptul de lege fundamentală. În marea lor majoritate, dezbaterile publice referitoare la necesitatea modificării Constituției au stat sub semnul unor viziuni personale și personalizate cu privire la rolul instituțiilor fundamentale ale statului. Cel mai adesea, opțiunile formulate de maniera cea mai vocală au avut ca punct de pornire situațiile conflictuale în care au fost implicate diferite autorități publice. În sine, această abordare, eminamente din perspectivă conflictuală, deși utilă și poate chiar necesară, este incompletă și insuficientă. -
The provisions written down in the Peace Treaties of 1947 have decisively determined the international political alignment of the five former enemy states. Regardless of the divergences and contradictions occurred within the Great Alliance during the war, the post-war political situation of the defeated would have been different if the clauses of this international juridical act were drafted in accordance with the norms and customs of international law. The situation of fact became fully legitimate in the Peace Treaties elaborated by the winners and accepted by the defeated in the conditions of the lack of some viable options in the realities of the moment. -
The Treaty of Trianon between the Allied and Associated Powers and Hungary was signed on 4 June 1920 and dramatically changed the political map of Central Europe. Although the system of treaties concluded at the Paris Peace Conference did not prove viable, the political-territorial order created at Trianon – an expression of peoples’ right to self-determination – has survived. The present text aims to examine the circumstances of the conclusion of the Treaty of Trianon, its content and its long-term effects on the central European political order. Finally, the author makes a general evaluation of the Romanian-Hungarian relations in the light of their relation to the provisions of this Treaty. -
100 years after their conclusion, the Paris Peace Treaties of 1919–1920 are both an important event in history and a founding moment of modern international law. Ending World War I, they have legally established the new state-political realities resulting from the application of the principle of nationalities and the exercising of the right to self-determination by the peoples oppressed by the great European empires, which have led to the emergence of new states or to the consolidation of other existing ones. The new European and international order was founded primarily on the law, the organization of peace and the maintenance of the status quo being entrusted, according to the Covenant, to the League of Nations, the first international institution with universal vocation. New principles of international law have been prefigured, the national state has become the main topic of international life, the subregional collective security organizations (Little Entante, Balkan Pact) have played an important role in the international balance. The legal inheritance of the time 1919–1920 was expressed after the World War II through the Charter that laid the foundations of contemporary international law and the U.N.O. (1945). The Treaty of Versailles with Germany (1919), as well as that of Trianon with Hungary (4 June 1920) are the treaties whose territorial clauses have historically withstood being taken over by the Peace Treaties of 1947 and enshrined by subsequent relevant international acts. The Treaty of Trianon, by its territorial effects, has become the subject of a sustained and permanent action of revisionism by Hungary and anti-revisionism, as a reaction from the other states whose borders have been established thereby.
-
In this study, the author examines by comparison the legal regulations concerning the enforcement treatment applicable to minors in different states; the analysis is carried out starting with the different systems of legal enforcement – special regulations or rules included in a general regulation, like the Penal Code, continuing with the limitations of the penal responsibility of minors, and finally – the presentation of the sanctions applicable to minors in 17 different states. In the end, the author examines the opportunity for new legal provisions to be included in the future Penal Code, in order to reduce the applicability of the sanctions in favor of the educational measures, some of which being successfully applied in other european penal regulations. -
This paper presents propter rem obligations in terms of their distinctive characteristics that prevent their inclusion in the classical categories of property rights and obligations. The incidental nature of these obligations is emphasized in relation to the real right on which the prevalence if the intuitu rei nature is grafted in relation to that of intuitu personae and, as a consequence of these, the propter rem obligation perpetuity. The purpose of the propter rem obligation, is to facilitate the operation of real estate that is subject to real right on which is grafted, helps us decipher the accesoriality relation concerning the real right, the transmission mechanism of these obligations, and the abandon as a sanction occurring in case of failure to comply with these obligations. Recourse to abandon is not only the sanction for the non-performance of these obligations, but also the individual having the propter rem obligation, who releases himself from the performance of the obligation in this way. The last part of the paper helps to explain how certain propter rem obligations set forth in the Civil Code or in certain special laws are created and transmitted, which raises questions on the propter rem nature of some of these. -
The author examines the concept of administrative-jurisdictional action in the context of the doctrinal opinions issued prior to the enactment of Law no. 554/2004 (amended by Law no. 262/2007), as well as subsequent to the enactment of the above-mentioned law, amended by the law mentioned. Further on, the author examines in detail two characteristics of the administrative-jurisdictional action, namely: the principle of immovability and the res judicata force, reaching the conclusion that such actions have the res judicata force, but only provided that the legal stages of appeal are not filed with the court of law, within the deadlines and under the conditions provided by the law, or that such stages of appeal, being filed, were dismissed and, consequently, the decision of the administrative jurisdictional body was maintained. -
International protection of human rights, enshrined in normative terms especially after the Second World War, is now characterized by a set of characteristic features undisputed within the specialized doctrine, valid both at universal and regional level, equally highlighting the universal nature of human rights and the capacity of individuals to be subjects of international law in the matter. -
Under European law, EU directives and the problems of their transposition into national law are an issue that reflects the complex nature of the relationship between EU’s power to issue regulations and Member States’ tasks in deciding the optimal form of application of these rules internally. This paper presents the experience of Romania, one of the new Member States which joined the EU in 2007, with regard to the transposition into national system of the European directives as a means to illustrate the dynamics of the relationship between the European Union and the Member States. -
-
-
In the case of the debate by the Romanian notary public of a succession with an element of extraneity, in which the registered shares of a limited liability company are subject to succession, the successional devolution will be carried out according to the law applicable to the succession (lex successionis). The point of connection for the lex successionis is the last habitual residence of the natural person, but this person can choose the law applicable to the succession, his national law. According to the lex successionis, there will be established the heirs, but they will not automatically become associates in the limited liability company. The acquisition of the status of associate will be carried out according to the provisions of the law governing the organic status of the legal person (lex societatis), being a matter which concerns the functioning of the company, not the transmission by succession of the registered shares, which operates anyway, but an effect of devolution. The two laws may belong to different national systems of law. In the case of the application of the Romanian law, we intended to find out possible controversial aspects, presenting the doctrinal interpretations or the judicial practice ones and even trying to formulate some proposals de lege ferenda. We also tried to make a comparison with the material French corporate law, for the hypothesis in which de cujus would have registered shares in a limited liability company of French nationality.
