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Company contract has been a complex issue under the Civil Code of 1864 and the Commercial Code of 1887, and continues to be so under the Romanian Civil Code of 2009. Since rules pertaining to company contract under previous statutes became obsolete and ill-adapted to practical needs and realities, an update was severely necessary in order to tune it with the alert pace of modern legal relations and EU norms. This paper presents the legal definition of company contract under the new Romanian Civil Code, with its advantages and disadvantages, which distinguish it from other types of contracts. Given the monistic approach of the new Civil Code, presently the contract of company is the common law of company law, Articles 1881–1948 of the Civil Code being subsidiarily applied to all companies enumerated by Article 1888 of the Civil Code. In this context, this study analyses the special requirements of Law No 31/1990, considered as a special rule in relation to the general provisions of the Civil Code.
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This paper presents the meaning of the term „assets” in Article 535 of the Civil Code and, at the same time, highlights its incorrect use in some of the other texts of the Civil Code and other statutory instruments, in disagreement with the new terminological option. Likewise, it raises a discussion on the lack, within the Civil Code, of a minimum of general rules dedicated to „common assets”, irrespective of their nature, quality of holders and source of community. Finally, following the presentation of negative consequences of the reported shortcomings, some legal remedies are proposed.
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The new regulation pertaining to business administration in the new Romanian Civil Code, much more detailed than the previous one, springs from the Civil Code of Québec. In Québec, the relevant legal framework provides for an original configuration of this source of obligations, imposing on it the condition of opportunity of the administration actions initiated by the administrator. Subject to this regulation are also the effects of inopportune administration, which aims at restoring the advantage brought to the person administered, without stating the legal grounds of such obligation, aspect which triggers questions to which this paper intends to answer, visiting, among others, other codification proposals on the law of obligations and relevant doctrine in this matter. At the same time, a theoretical definition is laid down for business administration, more nuanced than those elaborated after the new Romanian Civil Code has taken effect, definition which tends to be closer to the meaning of the new normative provisions.
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The new Romanian Civil Procedure Code has the indisputable merit of rebalancing the relationship between parties and courts, as well as dynamising the settlement of civil disputes. From both these perspectives, provisions of Article 200 of the Civil Procedure Code, pertaining to the check and regularisation of application for summons, mark a specific stage of solving some of the „prior” issues. Some of these not only notable but even surprising provisions will be further discussed.
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Asociația Internațională de Filosofie a Dreptului și Filosofie Socială (I.V.R.)1 a fost înființată în anul 1909 la Berlin, ca „Asociația Internațională pentru Filosofia Dreptului și Filosofie economică” și redenumită apoi, în 1933, „Asociația Internațională pentru Filosofia Dreptului și Filosofie socială”. I.V.R este cea mai veche, cea mai mare și importantă organizație în domeniul filosofiei dreptului și filosofiei sociale. Reorganizarea I.V.R. pe secțiuni naționale a fost decisă la Viena în 1959. Astăzi, I.V.R. are mai mult de 40 de asociații naționale membre (între care și asociația națională română), cu peste 2000 de membri în întreaga lume. Asociația este înregistrată, în temeiul legislației germane, și are sediul în Wiesbaden. Scopul său principal este de a sprijini și de a promova filosofia juridică și socială la nivel național și internațional. I.V.R. organizează congrese mondiale, la fiecare doi ani. Publicația oficială a I.V.R. este o revistă internațională, Archiv für Rechts-und Sozialphilosophie. -
This paper mainly includes a critical analysis of the provisions of the Law No 4/2008, made from the perspective of the political and legislative technique exigencies. Subsidiarily, the paper contains a presentation of the sports policy, as it is promoted by the European bodies and by most of the Western European states.
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Ever since the date of its publication in the Official Gazette of Romania, Part I, the Law No 241/2005 has become a highly debated law in the doctrine, many of its articles underlying inhomogeneous judicial decisions. Article 10 of the above-mentioned Law was one of the Articles which excelled by its lack of predictability, a fact which lead to raising a large number of pleas of unconstitutionality. Over time, its applicability has received some clarifications however, even today, some aspects still raise controversies and continue to lead to an inhomogeneous judicial practice. For this reason, the author believes that the intervention of the High Court of Cassation and Justice would be more than welcome.
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In this study, starting from a decision of the Bucharest Court of Appeal, the author examines two important aspects in the field of labour relations. On the one hand, he speaks about the incidence of the legal obligation of loyalty exclusively during the performance of the individual labour contract and, on the other hand, about the possibility of the court properly seized to judge the application of the employee on challenging the dismissal decision, although the decision in question did not contain accordingly all the elements required by Article 252 (2) of the Labour Code.
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In the practice of the courts there is a controversy on the problem of determining the litigants in the cases regarding the contestation against execution in relation to the sanction of performing a community service activity, whereas the prescription of execution of that sanction has occurred. This study, after stating all the facts, gives a solution therefor.
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This study examines the problem of running of the period of extinctive prescription of the right to claim damages before the civil court, subsequently to the situation in which the prosecutor has issued an ordinance to dismiss, under the Criminal Procedure Code.
