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In this article the author shows that justice is one of the pillars of the state of law, which ensures the implementation of the principle of the rule of law, the foundation on which this type of state is built and developed. Likewise, the author makes brief considerations on the notion of justice, as well as on its administration, especially on the independence of judges and on the impartiality of justice. The analysis takes into account both the European standard and the Romanian law in the matter. -
This paper aims to make an analysis of the judicial trials and applications related to the insolvency procedure, from the perspective of the subjects of law who have legal standing in these cases. Having in view general notions and principles of the lawsuit, as well as derogatory provisions provided by the current insolvency law, there have been analyzed relevant aspects referring to the notion of processual parties in these cases, the delimitation of the notion of participants in the insolvency procedure, the criteria for determining the parties and the subjects of law which may be parties in these cases. In relation to concrete applications, actions and contestations related to insolvency, there have been presented not only the manner in which participate in the trial the subjects of the procedure between which there are established litigious legal relations brought to justice (the debtor and the creditors), the judicial administrator and the judicial liquidator, but also the persons who, as they are not participants in the procedure, acquire processual legitimacy in certain determined litigations.
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This study is a brief essay on the right to one’s own image, as it is regulated in Article 73 et seq. of the Romanian Civil Code (the Law No 287/2009, republished on 15 July 2011 and entered into force on 1 October 2011).
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The current Romanian Civil Code (entered into force on 10 October 2011), unlike the previous Romanian civil legislation, regulates a new legal institution, namely the designation of the guardian of the child by his parent in certain situations (Article 114 et seq. of the Civil Code), apart from the appointment of the guardian by the court. Likewise, the Romanian legislation also regulates the designation of the representative of the natural person, under the special conditions of the Law on the mental health and the protection of persons with mental disorders No 487/2002 or according to the Law No 272/2004 on the protection and the promotion of the child’s rights (republished on 5 March 2014) assuming the child’s parents are working abroad. All these assumptions of designation of the guardianship of the child by his parent represent the object of analysis of this study.
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In this study, the author proceeds to an exhaustive analysis of the provisions of Articles 519–521 of the new Romanian Civil Procedure Code, which, for the first time in the Romanian legislation, establish „the referral to the High Court of Cassation and Justice for a preliminary ruling for the settlement of some points of law”, also in correlation with some legislations of other states or international jurisdictions in the matter.
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Prevederile art. 970 alin. 2 C.civ. obligă părțile să execute cu bună-credință nu numai clauzele expres stipulate în convenție, ci și pe toate cele la care obligă echitatea, obiceiul sau legea, după natura obligației. Astfel, în lipsa unei reglementări specifice antecontractului de vânzarecumpărare, dispozițiile alin. 2 al art. 970 C.civ. permit aplicarea dispozițiilor legale incidente vânzării perfecte unui antecontract, întrucât scopul urmărit de părțile din antecontract este încheierea unui contract numit, de vânzare-cumpărare, cu reglementare specială în Codul civil, iar conduita contractuală a părților trebuie să vizeze îndeplinirea tuturor obligațiilor specifice acestui contract numit. -
Conform art. 4251 alin. (1) C.pr.pen., calea de atac a contestației se poate exercita numai atunci când legea o prevede expres. Cu toate că dispozițiile art. 278 C.pr.pen. care constituie sediul materiei îndreptării erorilor materiale nu prevăd posibilitatea atacării încheierii cu cale de atac separată, sunt incidente dispozițiile art. 442 și 446 C.pr.civ. prin mijlocirea art. 2 alin. (2) din același act normativ, Codul de procedură civilă, prin generala sa aplicabilitate, reprezentând dreptul comun și în materie procesual penală. Drept urmare, atâta vreme cât legea procesual penală nu interzice expres posibilitatea atacării încheierilor de îndreptare a erorilor materiale pe cale separată, se poate apela la dispozițiile legii procesual civile care reglementează această posibilitate (cu notă critică).
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Today the philosophy of law can not be conceived outside the genesis, evolutions, paradigmatic hypostases, connections with the science, the knowledge and the world, of the fundamental conceptual couple philosophy – right. In the contemporary world we are witnessing spectacular changes of paradigm, of models, from the mechanical understanding of the legal order – specific to the modern period – to law as a complexity of high organization, open to others, to totality and to meaning. This means, among other things, the inherence of the philosophical dimension of the law. Therefore, the philosophy of law shall be established as a polycentric, integrative concept connecting together the durable classic axle, namely philosophy (expressed through excellence by its exemplary paradigms) – law (also expressed by its representative paradigms), to the contemporary network of knowledge, to the global society and to the contemporary man, in a specific, critical, open manner, always evolving.
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The paper aims to achieve a general view on the contemporary legal systems. In this respect, it is analyzed the Romano-Germanic legal system, the Anglo-Saxon legal system, as well as other traditional legal systems, such as Islamic legal system or Indian legal system. In addition to the theoretical approach, elements specific to the judicial system are covered.
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One of the main innovations introduced by the new Criminal Procedure Code is the possibility of concluding a plea bargaining agreement between the defendant and the prosecutor. Where there is evidence to confirm that the defendant is the perpetrator of the deed subject to the criminal trial, and he admits the allegations against him, it is possible for the defendant and the prosecutor to mutually agree on the punishment, the method of execution of punishment, as well as on all other aspects related to the criminal side of the case. In this case, the role of the court will be limited only to verifying whether the concluded agreement fulfils or not the conditions provided by law and to confirm it or to reject it. Through this new institution it will decrease the duration of trials where the evidence produced during the criminal prosecution phase proves almost unequivocally the commission of acts by the defendant, allowing the courts to concentrate their resources on the really complex cases.
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In this article there are examined comparatively the time limit and the grounds for appeal provided in the current legislation and the previous legislation, as well as the regulation in force. Likewise, within this paper there have been formulated a series of critical remarks, as well as de lege ferenda proposals, which have in view the amendment of the provisions of Article 410 (1) of the Criminal Procedure Code. The paper can be useful for the academic environment, for the practitioners, as well as for the legislator.
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After the author has analyzed in a previous study the need to take into account the legitimate defence in the field of cybercrime and has emphasized the aspects of the conditions of the attack, in this material there are analyzed the legitimate retaliation and the state of necessity. In this context, the author has tried to emphasize the problems that may arise in relation to the conditions relating to defence (legitimate retaliation), also seeking to provide a theoretical framework capable of providing applicability to the institution of self-defence. An important aspect analyzed in this paper has been the putative self-defence, which could be a key aspect in the discussion on the legitimate retaliation. Equally, it has been examined inclusively the institution of the state of necessity, also drawing conclusions on the relationship between this institution and the institution of self-defence.
