-
This study presents the specific elements of the security obligation, having as benchmarks the scope, the legal nature and the fundamentals of the civil repair liability and preventive, anticipatory liability based on the precautionary principle. The stated conclusions try to define this obligation, thus providing a useful approach to the legal action of the creditor regarding the debtor’s liability for infringement of that obligation. -
In this article, the author makes some observations about the documents necessary to carry out the real estate publicity formalities as a result of the division of a company. The non-unitary practice of courts and offices of cadastre and land registration in respect of the documents which require to be authenticated for validity and tabulation purposes lead to a non-unitary notarial practice, as well. Dissenting opinions appearing on the transfer of ownership basis and on the time of this transfer, lead to different views on the legal nature of notarial documents processed, which is reflected finally in the taxation field. This study supports the contractual nature of a division, and the manifestations of the final will are expressed, in principle, by the decisions of the general meetings of the companies involved in the division, by which they approve the terms of the transaction. That is, in the author’s opinion, in case of the transfer of real property right, these decisions require to be authenticated.
-
This study aims to develop concepts already outlined in the doctrine, but in the light of the modern law on self-defence and exceeding its limits, containing transitional issues in relation to the new Criminal Code, accompanied by the case law up to date and reasonable own notes, while emphasizing the theoretical and practical controversies encountered. The article is prepared in an analytical style, the author reveals the key aspects regarding certain particularities and difficulties arising from the combination of the letter of the law with its enforcement. In addition to the aforementioned aspects, certain elements related to the comparative law are present, and the provisions of the (European) Convention for the Protection of Human Rights and Fundamental Freedoms concerning self-defence, as well as de lege ferenda proposals.
-
On the occasion of the modification of the claims regarding the establishment of a seizure, the judge of the cause of action should examine to what extent, from the psychological and legal point of view, the active involvement of the creditor – most often the single litigant who knows the existence of the file – prejudices certain fundamental principles of the civil trial such as the principle of the equality of arms or the principle of contradictoriality. The simple record of the presence of the party, in the absence of the other party, is sufficient to affect, by itself, these cardinal ordinances of the civil trial. The principle of availability cannot justify a proportional reduction in the amount of the bail in relation to the reduction of the sum to the amount to which the establishment of the seizure is required; otherwise, it would create an insurmountable “obstacle” in the path of the debtor which, “exposing” the abusive approach of the creditor subsequently, would be obliged to have its fill of an inappropriate bail of the suffered prejudice. -
In the study, the author makes an analysis of the preventive measures applicable to the individual in the system of the new Criminal Procedure Code adopted in Romania. The general conditions to be fulfilled for taking all preventive measures, the particular conditions specific to each measure, the grounds and the procedure to be followed for the determination of such measures, are detailed. The emphasis is laid on the house arrest, an institution that has a new nature in the Romanian criminal procedural legislation, but we pay attention to the manner in which the detention, the preventive arrest, the judicial review and the judicial review on bail. The author makes a number of proposals to improve the legislation in the matter, for those situations in which it considers them to be necessary.
-
The development of the regulations in the matter of the consumer protection has contributed significantly to the reconstruction of traditional tort institution, providing a new focus on the fundamentals of such liability, by revaluing its functions and establishing a new coherence. The flaw in the product has been reported to the lack of security that a person can legitimately expect, given the circumstances of the presentation and use at the time of the product release. The breach of the security obligation entails the civil liability for damages to all persons who contributed to a defective product to be acquired by the consumer, from the manufacturer up to the distributor. Within these coordinates, in its study the authors examine the specificity of this civil obligation under the assumption of liability for defective products, in terms of European law regulations, and of the domestic law.
-
Potrivit art. 320 C.pr.pen., dacã pânã la începerea cercetãrii judecãtorești inculpatul declarã personal sau prin înscris autentic cã recunoaște sãvârșirea faptelor reținute în actul de sesizare a instanței și solicitã ca judecata sã se facã în baza probelor administrate în faza de urmãrire penalã, instanța va pronunța condamnarea inculpatului, care beneficiazã de reducerea cu o treime a limitelor de pedeapsã prevãzute de lege, în cazul pedepsei închisorii…
-
The author strongly criticizes the regulation stated in art. 519 to 521 of the new (Romanian) Code of Civil Procedure (referral to the High Court of Cassation and Justice for a prior ruling for dispensation of law issues), considering, reasoned, that these texts should be expressly repealed so that, also in the case covered by art. 519, an appeal in the interest of law can be filed (Articles 514 to 518 of the same code). -
With rare exceptions, self-explanatory, the legal adages have proven out to be law constants, that are so enfranchised and widely accepted that, often, they have been converted from ,,rules” to ,,arguments”. Jurisprudence has capitalized them and is still capitalizing them either in the consideration of ,,their inherent binding legal force”, since, in their essence, they are objectified through legal rules, hence borrowing their value, either in the consideration of ,,their normative force” k within the newer meaning assigned to this concept k as ,,reference”, as ,,guidance”, as ,,standard” of interpretation and enforcement of the provisions of positive law. Two of these adages present a paradoxical and arguable legal circumstance: specialia generalibus derogant (special departs from general); nemo censetur ignorare legem (ignorance of the law excuses no one). They are not established in terminis (in terms) and sufficiently defined by legal dispositions. And, still, they have a binding legal force. These are, in essence, the subject matters proposed to be discussed in the study below. -
The social reaction against low severity felonies ask for finding solutions alternative to criminal penalties. The legislator of the new Criminal Code, waiving the institution of absence of the felony’s social danger and replacement of criminal liability, has adopted, for the argument of criminal prosecution, on grounds of the principle of opportunity of exercising criminal action, the institution of waiver of criminal prosecution, and, in terms of substantive criminal law, waiver by the court law of the penalty enforcement. Both institutions, new as concepts in the Romanian criminal legislation, are practically instruments of non-penalization of the actual felony and replacement of criminal liability with an administrative liability, by enforcing administrative sanctions as alternatives for criminal penalties. The regulation of these new institutions, according to the author’s opinion, can however be criticized both in terms of preserving the rights of the injured persons and by the fact that the prosecutor’s assessment powers are far more extended than those of the court of law.
-
This article deals with an offence substantially amended under the new Criminal Code – i.e. the failure to comply with judgments. After a brief comparative presentation of new and old regulations, the author describes and analyzes the normative versions of the new wording: opposition to the execution, by making a stand against the enforcement authority; refusal of the enforcement authority to implement a judgment, by which it is bound to perform a certain act; refusal to assist the enforcement authority in the implementation of the judgment by people who are liable in this matter under the law; non-enforcement of judgment ordering the reinstatement of an employee; default in enforcing the judgment on the payment of wages within 15 days from the date of its enforcement application submitted to the employer by the interested Party; non-compliance of judgments on the establishment, payment, updating and recalculation of pensions; prevention of a person to use, in whole or in part, a property owned under a Court ruling, by the one against whom the same is enforceable. -
The author performs a detailed analysis of the characteristic traits of indictments under the new Criminal Code which are correlated with, related to or in interdependence relationship, as appropriate, with fraud, in view of similarities and disparities thereof, with frequent references to valid national legal practice and in relation to the new Criminal provisions. To that effect, there are dealt with, in particular in the light of their disparities, offences such as: fraud in the insurance field, encouragement of the perpetrator, concealment, omission of the referral, misleading the legal authorities, blackmail, theft, breach of trust, breach of trust by defrauding the creditors, unfair assistance and representation, influence peddling, issuance of counterfeit securities, forgery of foreign securities, counterfeiting of a technical record, perjury, false identity, but also the ones laid down in Article 84 of Law no. 59/1934 on cheques and in Article 271 points 1 and 2 of the Company’s Law no. 31/1990. Thereafter, in the case of the offences mentioned above, there are considered differentially, as appropriate, the subject of criminal care, the offence, the objective and the subjective side, forms, procedures and penalties provided for under the law. Also, the author does not hesitate to put forward his opinion on deciphering the legal wording of the offences under review or the sphere, in practical situations, of one or the other of the aforementioned rules of incrimination and to advance some of its own solutions and ideas.
