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The author briefly examines the issue of securities in the Romanian private law and she further presents the regulation of their administration according to the current Romanian Civil Code (Law no. 287/2009, republished on July 15th 2011), entered into force as at October 1st 2011. -
The present study aims to examine the law principles issue based on principles of doctrinal realities under which there are principles of law, general principles of law and specific principles of various branches of law. The 1st Article of The New Civil Code is a challenge for us because this text introduces customary legal and legal doctrine among the classic sources of law. The legal doctrine is recognized by the Civil Code as a work of philosophical synthesis which it can be valued only by the jurisprudence. All in all the general principles of law- the rule of law, equity and justice, legitimacy and legal regulations- are applicable to all branches of law.
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Potrivit dispozițiilor art. 25 din Ordinul CSA nr. 20/2008, în cazul în care în unul și același eveniment au fost prejudiciate mai multe persoane și valoarea totalã a prejudiciului depãșește limitele de despãgubire specificate în polița RCA, despãgubirea va fi stabilitã în funcție de cota-parte din valoarea prejudiciului ce revine fiecãrei persoane îndreptãțite la despãgubire. -
In the study hereby, the author provides a critical analysis of the various positions adopted by the U.S. Supreme Court of Justice in terms of the relationship existing between the practical need of making use of hearsay evidence in criminal proceedings and the obligation incumbent upon the legal bodies to guarantee the culprit the effective exercise of the opportunity to test via counter interrogation the reliability of such evidence. The author proposed that the analysis of judicial practice to be carried out compliant with the structure followed within the specialty works in the United States, in order to distinctly put forward each category of cause in which a conflict might arise between the admissibility of hearsay evidence and compliance with the procedural guarantees established under the law in favour of the culprit and to distinctly highlight, for each category in question, solutions framed by the U.S. Supreme Court of Justice with the view to settle the conflict arisen.
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In the study hereby, the author sets under review the body search institution, from the perspective of theoretical and practical approaches. Body search has a distinct character, being undertaken in some cases separately from other evidence procedures, but it is also frequently undertaken on home searches, detention or arrest of a person. The author puts forward, within the study, the main legal regulations applicable in the field of body search, focusing on the new amendments to the new Code of Criminal Procedure, and reasoning some de lege ferenda proposals.
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In the study hereby, the author makes some de lege ferenda proposals with reference to amending/supplementing Article 28 of the Companies Law 31/1990 (republished on November 17th, 2009), text governing the obligations of the constituent assembly of the joint-stock company incorporated by public subscription.
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Taking our stand upon the differing regulations under Article 283 and Article 315 of Law No. 1/2011 on National Education (texts according to which, as far as the pre-university teaching staff is concerned, recovery of damages to the employing unit in consequence of patrimonial liability takes place based on a charging decision, while, as far as the higher education teaching staff is concerned, the recovery in question takes place according to the labour law, so, as a rule, by way of the employer’s proceedings before the Labour Court of jurisdiction), the author makes a series of critical approaches (pointing out that this distinction in the procedure is not justified) and, concurrently, puts forward de lege ferenda proposals.
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In the jurisprudence of the European Court of Human Rights, the issue of a broad interpretation of the right to marriage is all the more acutely debated, while the Court is beset with applications filed by homosexual and transgender individuals to have this right recognized. In the current state of the jurisprudence of the European Court of Human Rights, the marriage of a couple in which one of the partners has resorted to a sexual Convention through gender reassignment surgery is considered legitimate (within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms), stating that this is also a case of heterosexual marriage. However, so far, the European Court of Human Rights has not considered legitimate marriages between persons of the same biological sex (gay or lesbian).
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The existence of the law, of its validity are extremely important both for its knowledge, and for its application and compliance. By applying a general principle of law that nemo censetur ignorare legem, we consider that the publication and knowledge of law are essential conditions for not be subject to unpredictable legislative events, with all the consequences arising therefrom. To avoid such events, the law, in its broad or narrow sense, is subjected to certain rules of validity. Among them lies the determining of the moment when the law enters into force and the one the law comes in force.
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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, and the accordingly amendment of the republished Law No. 119/1996 regarding the civil status acts, the author conducts an extensive analysis of the legal provisions related to the conditions of form which must be complied with for celebrating a valid marriage. This study examines the formalities provided by articles 278-292 of the Civil Code.
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In the study hereby, the author makes a comparative analysis of regulations covering negative prescription under the current Civil Code (Law No. 287/2009, republished on July 15th, 2011 and effective since October 1st, 2011) as compared to the previous legal regulations (in particular, Decree No. 167/1958 on negative prescription). At the end of this comparative analysis, the author concludes that the relevant regulation covering negative prescription is manifestly superior under the current Civil Code, as compared to Decree No. 167/1958.
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The paper analyzes the European legislative act establishing the conditions of compensation to victims of violent crimes committed in another Member State than that of the victims residence. The research has led to the identification of some provisions which will cause some difficulties both in practice and in enunciation of scientifically critical observations. The study is useful for theorists and practitioners and also for the European legislator. The scientific contribution of this research is given by the critical remarks and future law proposals made in order to improve the complex activity to compensate the victims of all kinds of crimes, not just of violent crimes, as required by the legislative act in question.
