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In the context of integration of Romania into the European Union and of the normative acts adopted by the Romanian legislator in order to ensure the compatibility of the internal law with the European Union law, the tax disputes and, in particular, tax administrative disputes are conferred a great importance. In the ambiance of the European rules and of our internal law, this study intends to analyze several aspects regarding tax administrative disputes, as well as the application of the principle non bis in idem in the matter of tax administrative disputes, in relation to the case-law of the European Court of Human Rights and of the European Court of Justice of the European Union. -
The professional civil liability insurance of physicians is perceived as an additional pecuniary charge of those who want to practice, however, given the increasing number of complaints against some acts of medical malpractice and the moral damages in high quantum granted by the courts to the injured parties, in reality it becomes a real means to protect the property of these professionals. The occurrence of an error in conducting the professional act is possible at any time, which is why a special emphasis is given to taking ex ante measures in order to manage the possible materialisation of an act of malpractice. Such a prophylaxis measure is the negotiation for concluding an insurance contract for professional civil liability, which provides protection for a wide range of risks, compensates several possible types of damage, establishes the limit of the insured amount as high as possible. The plurality of the professional civil liability insurances significantly increases the degree of patrimonial protection of the insured.
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This study analyzes the scope of application of the indirect action and of the Paulian (revocatory) action both under the influence of the Civil Code of 1864, as well as under the influence of the current civil legislation (the Civil Code of 2009). The study follows the practical application, specifically, of these actions to a variety of rights which might be exercised or revoked through them, also making reference to the specialised French doctrine. There are analyzed the specialised doctrine of our country, both current and older, as well as some judgments delivered in this matter by the law courts. There have been distinguished the novelties brought by the Civil Code of 2009, in the end making a comparative enumeration of the changes brought to these institutions by the new civil legislation.
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The principle of legal contractual certainty, as regards its component the „sustainability and efficiency of the contract”, is a fundamental principle of the contract law, which emphasizes the need to maintain the contract in the cases of partial nullity and which is dealt with under a double dimension: a quantitative one and a qualitative one. The quantitative dimension concerns the „continuity of the convention” in time and is manifested by a soft and extended duration. The qualitative dimension concerns also the context, i.e. the capacity of the contract to overcome the obstacles which the economic and social events can raise, arisen during performance of the contract. The study is focused on the applicability of the principle of contractual legal certainty both in terms of interpretation, as well as of validity and performance of the contract, with references also to the provisions from the draft European contract law, an action initiated by the European Commission.
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The article deals with the issue of joinder of executional files, making reference to the meaning of the syntagm „expenses incurred by the time of joinder”, to the possibility of reducing the court executor’s fee within this procedure, to the manner and to the time limit for contesting the interlocutory judgment of the court executor.
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This article aims to analyze a recent normative act through that were amended and supplemented the normative acts in matters of education, respectively, the Law on national education No 1/2011 and the Government Emergency Ordinance No 75/2005 on quality assurance in education. The approach is focused both on procedural aspects of the adoption of administrative act, in order to determine how the constitutional requirements have been met, but also on the substantive issues, that aim some of the legislative solutions which it enshrines. Among them, the article paid a special attention to the consecration, for the first time in the Romanian legislation, of the possibility that the holder of a scientific title can give up to it. In our opinion, the newly introduced rule has some weaknesses, both in terms of how it is written, but also on the legitimacy of the solution itself.
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Under Article 1541 (1) b) of the new Romanian Civil Code, among the conditions in which the court may reduce the quantum of the penalty is also the condition that the penalty should be clearly excessive in relation to the damage that could be provided by the parties upon the conclusion of the contract. This text of the new Romanian Civil Code, which entered into force on 1 October 2011, has generated a controversy, in the sense that, once the „clearly excessive” character of the penalty has been retained, the court shall be required to proceed to the reduction thereof or, on the contrary, it has only a faculty (possibility) to proceed as such. In the opinion of the author of the study, the second interpretation is the judicial one.
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In the Romanian doctrine, even if it is evoked the legal existence of the „right to a name”, most authors define it as if it were identical to the „name”. Likewise, some of its legal characters are just asserted, and others are logically and legally grounded in a questionable manner. In relation to this „situation”, this study is devoted to the argumentation and phrasing of a variant of „definition” for the „right to a name”, as well as to the „nuancing” of its legal characters.
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Din economia dispozițiilor art. 1349 din noul Cod civil reiese faptul că orice persoană are îndatorirea să respecte regulile de conduită pe care legea sau obiceiul locului le impune și să nu aducă atingere, prin acțiunile ori inacțiunile sale, drepturilor sau intereselor legitime ale altor persoane; cel care, având discernământ, încalcă această îndatorire răspunde de toate prejudiciile cauzate, fiind obligat să le repare integral. -
The current standards on the quality, the integrity and the non-disclosure of the professional secret in the interprofessional complementary activities of the Romanian judicial system represent, in the contemporary society, a concern to adjust to the permanently changing reality. The existence of some constants such as independence, competence, responsibility, but also honour, dignity and respect, in reality, receives new meanings, and their convergence is achieved only by way of a various communication. Creating some new modalities to ensure the common professional status is not an illusion, but a real need for the interprofessional dialogue to take place not only within a profession, but within more professions, for the purpose of ensuring the unity in the application of law.
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In the matter of conditions of application of the preventive arrest measure, as in the case of other institutions, the new Criminal Procedure Code contains new regulations and takes over, to a small extent, some provisions of the previous Criminal Procedure Code (of 1968). The new Criminal Procedure Code has regulated the preventive detention in a single modality: the detention of the defendant, namely of the person against whom the criminal action has been set in motion. In this study, the authors analyze the institution of preventive detention, with special reference to the conditions of application of this measure, by presenting some critical aspects and by proposing some improvements of the new regulation. Key
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At first sight, guilt appears as being one of the necessary conditions for engaging liability, which is quite easy to determine. In fact, in order to make such a statement it must be considered the structure of guilt, formed not only of the intellective and volitive factors that make up the complex psychological process which stands at the origin of the illicit activity, but also the imputation which can be brought to the agent for a conduct inconsistent with the rigours imposed by the legal order. By the analysis made, the author of this study has emphasized both the strengths, and the disadvantages of the criteria subjectively, objectively and even intermediately used for determining the civil guilt in concrete situations. Likewise, he has also dealt with the possibility of determining the criminal guilt in the light of the psychological and normative conceptions. At the same time, by expressing his options for some of these, the author has proposed some nuancings in order to obtain some results as precise as possible and, at the same time, fair for all parties involved.
