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The author, in the above mention study, makes a general analysis of Law no. 71/2011 for the implementation of Law no. 287/2009 regarding the Civil Code. In the author’s opinion, Law no. 71/2011 is an extremely valuable legislative act, which ensures very good conditions, not just the understanding and application of the new Civil Code (which entered into force on 1 October 2011), but also the “transition” from the previous Civil Code (from, 1865) to the new ones. -
This article aims to bring forward the essential regulations covered by Law no. 52/2011 on the exercise of occasional activities carried out by day-laborers. In this respect, we shall focus on the legal nature of the agreement concluded between the day-laborer and the beneficiary – i.e. civil service agreement - on its distinctive features, but also on the rights and obligations of the parties. -
1. Principiul nullum crimen, nulla poena sine lege. Reguli generale. Drepturile fundamentale fac parte integrantã din principiile generale de drept a cãror respectare este asiguratã de cãtre instanțele europene în cauzele de concurențã, ținând cont în special de Convenția (europeanã) pentru apãrarea drepturilor omului și a libertãților fundamentale (în continuare denumitã Convenția) ca sursã de inspirație. -
The new Criminal Code of Romania brings numerous novelties within the scope of incrimination in the Romanian criminal law and, as compared to the previous regulation, it provides, in the text of Article 276, the sanctioning of the deed of a person who, during ongoing judicial proceedings, makes false public statements concerning the commission, by the judge or by the criminal prosecution authorities, of an offence or a serious disciplinary misconduct related to the processing of that case, in order to influence or intimidate such authorities. -
The offence of favouring of the perpetrator has evolved along the successive regulations in terms of area of incrimination, both with reference to the criminal activities incriminated, but also with reference to the favoured persons. According to the new provisions of criminal law, it is incriminated under this name the favouring of any person who has committed a deed provided by the criminal law, which does not necessarily have to meet the requirements in order to be considered an offence, and it is also incriminated only personal favouring, not the real one, consisting of the aid given in order to ensure the product of the offence for the perpetrator. The offence of favouring the perpetrator has an autonomous nature in relation to the offence committed by the favoured person and has a subsidiary nature in relation to other offences, the aid given to a perpetrator receiving the qualification of favouring only when other legal provisions do not incriminate special assumptions of favouring. -
Located within Chapter VI of the Criminal Code that criminalizes criminal offences against the person’s freedom, the criminal offence of threat provided by Article 206 appears on the background of the protection of the mental freedom of persons. The thorough analysis of the crime will reveal some aspects regarding different theories of interpretation of the law that can be objectified also in practical situations. Also, the interpretation of the criminal offence highlights certain aspects regarding the fear of the person, the manner of committing the crime, the threat of a harmful act, the correlation with the crime of outrage and judicial outrage, as well as some differences from the crime of blackmail. Therefore, in the framework of highlighting some opinions or observations on them, it can be delimited the offence of threat much easier compared to other offences, but it can also constitute a useful legal instrument during the stages of criminal liability of the offender, as well as for the improvement of the text of law by the legislator. -
The system of penalties, although it marked a progress in the evolution of the Romanian penal law, however, if it is critically examined, it evidences the small number of major penalties and, especially, their emphatically repressive character. In this study, the author makes an analysis by comparison of the system of penal sanctions in the new Penal Code as compared to the current regulation, as well as in comparative law. Another issue relates to the impact of normative provisions on the judiciary individualization of penalties with reference to the individualization criteria and the appreciation margin acknowledged to the judge. The author also states that it is useful that the relevant penal regulations should provide the criterion of proportionality for the judiciary individualization of penalties. -
This article emphasizes the specific elements of the repurchase agreement as regulated in the new Civil Code. In order to achieve this goal, the author first engages in a general characterization of the type of contract under examination, in the light of specific elements concerning the contracting parties, the object of contract and the time of fulfilment of some obligations undertaken by the parties. The study further defines the concepts „repurchase” and „reverse repurchase” and delimits the repurchase agreement from other types of similar contracts, thus configuring more clearly the analyzed convention. Another specific element of the contract under scrutinity is its sui-generis legal nature, which the author explains since there isn’t an unanimous opinion on this issue in the doctrine. At the same time, the specificity of the repurchase agreement is emphasized by dealing with its main effects: the double transfer of property, the transfer of ancillary rights, the obligation of the buyer to exercise the option, as well as the obligations of the seller to make available to the buyer the funds necessary for exercising the right of option and for making the payments. Last but not least, the specificity of this type of contract is also revealed by reflecting the differences among the liquidation, the prorogation and the renewal of the convention under debate. The study presents the points of view expressed in the specialised literature on the studied matter, as well as the author’s opinions on the controversial legal issues in the reference space. -
Starting from the situations encountered in the judicial practice, in the disputes regarding the right of the employees to the classification of their workplaces into outstanding or special conditions, and given the particularities of this fundamental right of health and safety at work, with a special view on the practical consequences which the recently pronounced decisions of the supreme court will have, decisions which have established that the employees do no longer have available the option of the action for establishing the classification of workplaces into outstanding or special conditions in contradiction with the employer, this article analyses the respect for the employees’ right of access to justice, to non-discriminatory treatment and to receive their benefits consisting of social insurance rights. -
Starting from diametrically opposed solutions given by courts, the author analyzes the right to additional payment for risk provided by the Sylvic Code, based on provisions of Article 127 (5) and considering the lack of any methodology to provide categories of beneficiaries and specific conditions for granting such additional payment and assesses the impact of the lack of such a methodology upon the right provided by the law. The conclusions of the author are that, even though the mentioned methodology is lacking, those concerned have the right to receive the additional payment in question. -
This study intends to make a critical analysis of the solution enacted by Article 52 (2) of the Labour Code under three aspects: the holder of the obligation to pay damages, the content, their extent and the period for which they are owed. The solution prescribed by Article 52 (2) of the Labour Code is in conflict with other regulations of the same Code. In relation to the second sentence of Article 52 (1) b) of the Labour Code, the author considers that the holder of the payment obligation must be the Romanian State, for the reasons for which it is also liable in the situations regulated by Article 50 (1) g), Article 52 c1) and Article 61 b) of the Labour Code. The author’s opinion is that the damages are unreasonably limited. Provided that, de lege ferenda, reference would be made to the provisions of Article 540 of the Criminal Procedure Code, one can notice that this text does not cover the same limits and it would allow the compensation of the employee in relation to the real damages produced, both material and moral. As a protective measure, for the duration of the suspension motivated by the indictment for acts incompatible with the position held, the employee should have, ope legis, the quality of insured within the health social insurance system. The author also believes that it should be expressly regulated a period in which the employee must notify the employer both on the cause which can determine the suspension and the reason which requires its cessation. -
The study aims to analyze, as indicated by the title itself, the controversies generated by the implementation of the institution known in practice as „simplified trial procedure in case of acknowledgement of guilt”. The analysis is structured in two sections. The first section analyzes the controversies, already debated by the Constitutional Court, regarding the possibility of enforcing the provisions of art. 3201 of the Code of criminal procedure in case of temporary situations (namely the defendants brought to trial under the ancient laws, but who have surpassed the procedural moment of commencement of forensic investigation) and the requirements necessary for the dismissal of the enforcement request of simplified procedure. The second section describes the controversies to be debated, relative to the possibility of pronouncement of an acquittal order or suspension of the criminal trial in case of simplified procedure, as well as the possibility of removing these provisions in the means of appeal. The study pleads for a legislative intervention which should amend the current editorial content of art. 3201 by such manner so that the judge is no longer limited textually only at the pronouncement of the conviction order. Otherwise, the trial in case of acknowledgement of guilt could easily concede its position to conviction in case of acknowledgement of guilt.
