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The author analyzes the legal status of undue payment, regarded as a source of civil obligations, such as they results in the texts of the new Civil Code. It has been specified since the beginning of the study that in general no essential amendments were reported in relation to the definition and existence conditions of this legal deed. However, it is noted as a novelty that the rules of undue payment in the new legislative environment apply also when the payment consists of the provision of services or execution of works. Likewise, the new Civil Code, unlike the old regulation, does not set forth anymore expressly the condition that the payment be made in error by solvents; however, the author argues, with convincing arguments, that the error of solvens is usually an actually relative prerequisite of the undue payment. A large space is given to the obligation to reimburse the undue payment and the rules applicable to it regarding the existence, the limits and its manner of execution. Most of these rules are located in a separate title of the Civil Code (Art. 1635 to 1649) and apply, with some exceptions, to all reimbursement obligations, regardless of their source. The author notes that, in their content, these rules contain many new elements compared to the old Civil Code, which tries and manages to examine carefully, formulating relevant solutions and answers. -
The following article analyzes mediation procedure implemented in the Romanian law system by the Law No 192/2006 on the mediation and on the organization of the profession of mediator. The paper makes a critical assessment of the problems encountered in implementing mediation procedure in the cases generated by the public administration activity. It also presents the jurisprudence of the Romanian Court of Accounts on this subject. -
This study aims at advancing solutions in view of correctly construing and interpreting certain provisions regulated under Law No 303/2004 on the status of judges and public prosecutors, in view of determining whether ex-judges and public prosecutors are entitled to benefit from the recalculation of their service pensions as a result of reaping the length of service obtained from practicing as lawyers, after retirement. -
Prin instituirea Uniunii Europene, statele au limitat drepturile lor suverane în anumite domenii și au acceptat competența acesteia (exclusivă, partajată sau de a întreprinde acțiuni de sprijinire, coordonare sau completare a acțiunii membrilor). Față de reglementările europene specifice executării silite1, Directiva 93/13/CEE a Consiliului din 5 aprilie 1993 privind clauzele abuzive în contractele încheiate cu consumatorii2 nu prevede expres aplicabilitatea în cursul acestei etape a procesului civil. Cu toate acestea, Curtea de Justiție a Uniunii Europene a stabilit în jurisprudența sa3 că Directiva trebuie avută în vedere de instanțele naționale și în anumite litigii vizând executarea silită, pentru a fi verificat caracterul potențial abuziv al unor clauze în sensul acestui act normativ.
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New technologies, such as wireless communications, generate unique threats to human health and to the quality of the environment. Among them, electromagnetic fields (EMF) – of the relay antennas or power lines – represent a colourless, odourless and invisible pollution with adverse sanitary effects. As the technologies of the field are rapidly evolving, even before their negative consequences can be sufficiently researched and proven by science, they create difficulties for the ability of the right to adapt and respond appropriately to the new problems thus raised. Among the first legal reactions in the matter are those registered as regards the human rights, especially ECHR case law, which assimilates the EMF threats in the context of Article 8 of the Convention, involves the precautionary principle and imposes the notion of gravity threshold. The Case Calancea and others v. The Republic of Moldova (2018) represents an important moment in the opening of the Strasbourg court to the new problems of EMF and, despite the reluctance manifested by means of the judgment delivered, this implies a recognition of the existence and of the need for legal assimilation of new threats to human rights and the jurisprudential consolidation, in this context, of the right to a healthy environment.
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Part of our daily lives, light pollution enjoys less media coverage than other, more serious environmental issues, like climate change, air pollution, desertification of many areas of land, illegal deforestation of huge areas of forest land. We are talking about light pollution when artificial lights are everywhere – through billboards, street lighting, etc. – and such intensity that it changes the levels of natural lighting the night, with negative impacts on human health and biodiversity.
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The study has as subject olfactory pollution and it aims to outline first that this type of pollution is far from being a mere discomfort that most sensitive people feel acutely, because unpleasant odours, miasmas, are proof of some chemical substances with harmful effects on the human body. Then, the article shows that while the number of public complaints is steadily increasing, the regulations – national, foreign, European – still have a timid and anaemic nature. From the results of the researches it follows, first, that the olfactory pollution is related to the wider theme of air pollution, which as an essential element of life (and therefore to us people!) must meet a number of conditions expressed by: temperature, humidity, purity, chemical composition. These conditions must lie within the limits of tolerance of the human body and of existence of the fauna and flora; due to natural phenomena, as well as to human activities, in the modern society, air has undergone major changes materialized either in the change of concentration of some natural compounds or in the penetration of some elements unknown to this environment, radioactive substances, chemical substances resulting from human activities, the air thus becoming the „garbage dump” for all gas or gaseous wastes produced by the living. Therefore, we are talking about a polluted air, not just when it is manifested by the presence of substances other than the natural composition of the air, but also when their quantity makes it unsuitable for the fulfilment of its roles. Starting from here, for the specialists in different fields, the notion of „polluted air” will have different meanings; thus, for the physician, the air is polluted when the concentration of unknown substances reaches harmful levels for the human body, while for industrial technologist, concerned with corrosion, when the pollutants reach concentrations that alter the structure and operation of plants. -
This paper is mainly a semantic analysis of the definition of the offence of child pornography, included in Article 374 of the Criminal Code. It emphasizes the merits and the shortcomings of the current definition, as well as some solutions intended to remedy this definition. -
Prin Sentința penală nr. 2751/20121 a Judecătoriei Timișoara, Secția penală, definitivă prin Decizia penală nr. 233/R/20132 a Curții de Apel Timișoara, Secția penală, inculpatul M.N. a fost condamnat pentru săvârșirea infracțiunilor de nerespectare a regimului armelor și munițiilor prevăzută în art. 279 alin. 31 C.pen. și ultraj contra bunelor moravuri și tulburarea ordinii și liniștii publice prevăzută în art. 321 alin. 1 și alin. 2 C.pen., infracțiuni săvârșite în concurs ideal. (Curtea de Apel Timișoara, Secția penală, Decizia penală nr. 233/R din 19 februarie 2013) -
In this study, the author examines the possibility of enforcing precautionary measures on the assets of third parties for the offense of money laundering; the analysis is carried out from the point of view of the doctrine, comparative law and the case law of the courts and the European Court of Human Rights. Alpha Having regard to the specificity of this offense and the special provisions in the field, the author considers that the goods of third parties, persons not subject to criminal prosecution or trial, must be frozen for special forfeiture. -
This study aims to advance solutions in view of determining the effects triggered by decisions issued by the Court of Auditors, establishing the unlawfulness of granting certain rights through collective labour agreements concluded at the level of public institutions financed entirely from own revenues, on the clauses of the collective labour agreement by which those rights were established.
