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  • The article approaches the issue of the criminal prosecution bodies’ decision on the documents or procedural measures taken while conducting the criminal prosecution. The author examines which of the criminal prosecution bodies – the prosecutor or the criminal investigation body – is entitled to rule on the acts or procedural measures and by which of the procedural acts is ruling; the author also expresses his opinion on the penalty for failure to comply with article 286 of the new Code of Criminal Procedure.
  • Fiducia is a legal institution brought into the Romanian national legislation by the entry into force of the New Civil Code. Introducing the institution of fiducia in the national law is the result of adapting national legislation to the new today’s legal and economic realities. The new Civil Code includes regulations applicable to fiducia with / without extraneity element. Regulation of this new institution has theoretical and practical significance as the procedure is a way of protection from creditors. Applying these regulations to particular factual situations requires knowledge and analysis of specific elements of fiducia.
  • Following the entry in force of the Civil Code (Law No.287/2009, republished) on the 1st of October 2011, which repealed the Family Code, the author conducts an extensive analysis of the legal provisions related to the nullity of a marriage, including the causes of nullity, legal regime, nullity consequences between the spouses and between spouses and their children, the competent court and the nullity resolution. This study examines the legal provisions of articles 293-306 of the Civil Code.
  • Paragraph (1) of Article 2506 of the Civil Code provides that “limitation does not operate automatically”. The author considers this wording not only useless but also contrary to the reality. He supports his view by emphasizing that the doctrinal thesis underlying its preparation is inaccurate and also that paragraph (1) of Article 2506 of the Civil Code contravenes certain preceding or subsequent legal provisions. In conclusion, the author believes that limitation effect occurs automatically and removing civil liability, which is a consequence of this effect, operates only at the request of those entitled to invoke limitation.
  • Based on the “monistic” nature of the current Romanian Civil Code (Law no. 287/2009, republished, entered into force on October 1, 2011) this study concludes that currently one can further discuss the existence of a “commercial law” in Romania, but only if it is no longer designed as an autonomous branch of the private law (in relation to civil law), but only as a component of the professionals’ law which, in turn, is a division (an integral part) of the Romanian civil law.
  • Prin excepție de la regula instituitã prin dispozițiile alin. (1) al art. 86 C.pr.civ., potrivit cãreia comunicarea actelor de procedurã se face prin agent procedural, dispozițiile alin. (3) al aceluiași articol stabilesc cã aceastã comunicare se face prin poștã, cu scrisoare recomandatã cu dovadã de primire sau prin alte mijloace ce asigurã transmiterea textului actului și confirmarea primirii acestuia.
  • The international treaties on human rights are the fundamental conventional sources de jure applicable in this area and at the level of the European Union. The evolution of their content relevant to the fundamental rights is spectacular, starting from the lack of interest in terms of regulations expressed in the Treaty of Rome signed in 1957, to the rules of reference to the (European) Convention for the protection of human rights and fundamental freedoms contained in the Single European Act or the Treaty of Maastricht and up to the establishment of the European Union’s own protection mechanism under the Treaty of Lisbon and the Charter of fundamental rights.
  • The crime of family abandonment is a continuing offense. The courts have strictly enforced the decision no. 10/2008 issued by the High Court of Cassation and Justice, joint Sections, which sets forth that in the case of continuing and continued offenses, the prior complaint shall be admitted within two months from the date the injured party or the party entitled to file the prior complaint has knowledge of the identity of the offender. The decision issued in second appeal in the interest of law shall be binding and might lead to the suspension of the criminal trial in all cases concerning abandonment of family. Thoroughly analyzing the doctrine and jurisprudence, the author identifies a solution for solving this dilemma.
  • Starting from the real premise of the existence of certain controversies regarding the prosecutor’s seat, role, functions and competencies in the internal legal system, the author brings to debate the special situation of the prosecutor, protected, under exceptional provisions, by the constraints of the hierarchical subordination specific to the organization of the Public Ministry. During the performance of his procedural functions, regulated under art. 316 of the Code of criminal procedure, the prosecutor can claim a status similar to the judge’s. The rules acknowledging his freedom of action and procedural expression concurrently exonerates him from any form of liability that might be engaged as effect of the procedural practice totally independent in relation to the hierarchical management or agents of other powers.
  • The study aims to analyze, as indicated by the title itself, the controversies generated by the implementation of the institution known in practice as „simplified trial procedure in case of acknowledgement of guilt”. The analysis is structured in two sections. The first section analyzes the controversies, already debated by the Constitutional Court, regarding the possibility of enforcing the provisions of art. 3201 of the Code of criminal procedure in case of temporary situations (namely the defendants brought to trial under the ancient laws, but who have surpassed the procedural moment of commencement of forensic investigation) and the requirements necessary for the dismissal of the enforcement request of simplified procedure. The second section describes the controversies to be debated, relative to the possibility of pronouncement of an acquittal order or suspension of the criminal trial in case of simplified procedure, as well as the possibility of removing these provisions in the means of appeal. The study pleads for a legislative intervention which should amend the current editorial content of art. 3201 by such manner so that the judge is no longer limited textually only at the pronouncement of the conviction order. Otherwise, the trial in case of acknowledgement of guilt could easily concede its position to conviction in case of acknowledgement of guilt.
  • While the judicial authorities have rigorous procedure codes, and the legislative authority has regulations for the development and adoption of laws, the public administration authorities in general and local government in particular „are still suffering in this respect”. To fill the „gap” that exists in some /partial sides of the administrative procedure, since the Administrative Procedure Code has not been yet adopted, in this study the authors intended (invoking the tangent jurisprudence) to contribute to the elucidation of the two cases (of many) in a segment in which positive law is quite vague, thus allowing an inconsistent practice, sometimes even arbitrary.
  • The study thus entitled draws the conclusion that the fiscal inspection report, as a deed preceding the issuance of the notice of assessment, cannot form the object of an action in the fiscal and administrative contentious neither severally nor jointly with the fiscal and administrative document, as erroneously resolved, in some occasions, by the Section of Administrative and Fiscal Contentious of the High Court of Cassation and Justice.
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