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  • In the following study, the author carries out an analysis of the Law No. 571/2004, the author emphasizing the fact that this law is actually very little known and applied, although its adoption in 2004 was made considering Romania’s accession to the European Union (this took place on January 1, 2007). For that purpose, while analyzing certain wordings of the law (which consists of a total of 11 articles), the author proposes a number of amendments and supplements thereto, in order to improve and use thereof in the social life practice.
  • Given the fact that, in accordance with the Community relating provisions, the new regulation of public utilities provides optimal conditions for the organization, functioning and operation of these services, respectively for delegation of these services’ management to private operators, this study aims at analyzing the manner the public utilities are managed by delegating the management of these services from the territorial administrative units to the authorized private operators.
  • After a presentation of the practical difficulties that arise searching the Electronic Archive of Security Interests in Personal Property, we have reached in this article the conclusion that it would benefit all the participants of the judicial circuit the augmentation of the regulatory framework for the archive activity so that it will detail the procedure and the obligations of the authorized agents in searching for information in the database, following a request. Present lack of regulation leads to an erroneous perception regarding the content of the search certification minute drafted by the authorized agent, perception based on analogy with other institutions (especially the land book), and could ammount to negative consequences.
  • Unfortunately, labor legislation also includes insufficiently clear, parallel or contradictory provisions. Some of these provisions relate to the probationary period for persons with disabilities, and others relate to the cancellation of the penalty, consisting of disciplinary termination of the employment contract. In this study, the author analyzes the views expressed in the legal literature on the two institutions and also draws his own solutions.
  • The article approaches the issue of the criminal prosecution bodies’ decision on the documents or procedural measures taken while conducting the criminal prosecution. The author examines which of the criminal prosecution bodies – the prosecutor or the criminal investigation body – is entitled to rule on the acts or procedural measures and by which of the procedural acts is ruling; the author also expresses his opinion on the penalty for failure to comply with article 286 of the new Code of Criminal Procedure.
  • Fiducia is a legal institution brought into the Romanian national legislation by the entry into force of the New Civil Code. Introducing the institution of fiducia in the national law is the result of adapting national legislation to the new today’s legal and economic realities. The new Civil Code includes regulations applicable to fiducia with / without extraneity element. Regulation of this new institution has theoretical and practical significance as the procedure is a way of protection from creditors. Applying these regulations to particular factual situations requires knowledge and analysis of specific elements of fiducia.
  • 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, the author conducts an extensive analysis of the legal provisions related to the nullity of a marriage, including the causes of nullity, legal regime, nullity consequences between the spouses and between spouses and their children, the competent court and the nullity resolution. This study examines the legal provisions of articles 293-306 of the Civil Code.
  • Paragraph (1) of Article 2506 of the Civil Code provides that “limitation does not operate automatically”. The author considers this wording not only useless but also contrary to the reality. He supports his view by emphasizing that the doctrinal thesis underlying its preparation is inaccurate and also that paragraph (1) of Article 2506 of the Civil Code contravenes certain preceding or subsequent legal provisions. In conclusion, the author believes that limitation effect occurs automatically and removing civil liability, which is a consequence of this effect, operates only at the request of those entitled to invoke limitation.
  • Based on the “monistic” nature of the current Romanian Civil Code (Law no. 287/2009, republished, entered into force on October 1, 2011) this study concludes that currently one can further discuss the existence of a “commercial law” in Romania, but only if it is no longer designed as an autonomous branch of the private law (in relation to civil law), but only as a component of the professionals’ law which, in turn, is a division (an integral part) of the Romanian civil law.
  • Prin excepție de la regula instituitã prin dispozițiile alin. (1) al art. 86 C.pr.civ., potrivit cãreia comunicarea actelor de procedurã se face prin agent procedural, dispozițiile alin. (3) al aceluiași articol stabilesc cã aceastã comunicare se face prin poștã, cu scrisoare recomandatã cu dovadã de primire sau prin alte mijloace ce asigurã transmiterea textului actului și confirmarea primirii acestuia.
  • The international treaties on human rights are the fundamental conventional sources de jure applicable in this area and at the level of the European Union. The evolution of their content relevant to the fundamental rights is spectacular, starting from the lack of interest in terms of regulations expressed in the Treaty of Rome signed in 1957, to the rules of reference to the (European) Convention for the protection of human rights and fundamental freedoms contained in the Single European Act or the Treaty of Maastricht and up to the establishment of the European Union’s own protection mechanism under the Treaty of Lisbon and the Charter of fundamental rights.
  • The crime of family abandonment is a continuing offense. The courts have strictly enforced the decision no. 10/2008 issued by the High Court of Cassation and Justice, joint Sections, which sets forth that in the case of continuing and continued offenses, the prior complaint shall be admitted within two months from the date the injured party or the party entitled to file the prior complaint has knowledge of the identity of the offender. The decision issued in second appeal in the interest of law shall be binding and might lead to the suspension of the criminal trial in all cases concerning abandonment of family. Thoroughly analyzing the doctrine and jurisprudence, the author identifies a solution for solving this dilemma.
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