-
The author analyses the regulation of the legal relationship emerged from the creation of a topography of semiconductor product, both from the viewpoint of compliance with the norms of legislative technique and from the perspective of the shades of interpretation of the legal norms in the respective space. The study systematizes the issue of the moral and patrimonial rights of the limits of making use of these rights and of the specific obligations of the owners of the topographies of semiconductor products. There should be noted the multiple de lege ferenda proposals meant to eliminate the chaotic image of settling the norms and to help at establishing a legal physiognomy that should induce rigour and balance in the field of the legal relationship emerged from the registration of the topographies of the semiconductor products.
-
In the study hereunder, the author makes some considerations regarding the patrimonial liability of public law legal entities for their offence of issuing injurious administrative instruments. In this regard, it is concluded that the identification of public law legal entities is essential, since only these may be liable against the prejudiced creditor, the public authorities issuing the injurious administrative instrument lacking legal personality cannot being patrimonialy held liable against the prejudiced person. As for the legal nature of liability, this is a special subjective liability (if the administrative instrument is illegal) and, respectively, unbiased liability, if the instrument causing prejudices was issued through an illegal administrative instrument.
-
After the entry into force of the Civil Code (Law No. 287/2009 republished) on October 1st, 2011, which repealed the Family Code, and the corresponding amendment of Law No. 119/1996 concerning civil status acts, republished, the author examines in this study the legal provisions relating to the dissolution of marriage through divorce by administrative and notary procedure governed by Articles 375-378 of the new Romanian Civil Code.
-
In the study hereunder, the author, making a thorough analysis of Article 1856 under the new Romanian Civil Code, infers that, although the marginal name of this text is called “the direct action of workers” (who have entered into an agreement with the works contractor), which would create the impression that only these may bring such action, in reality, active procedural legitimation to take the legal action in question also has the legal person acting as a subcontractor, and not only the individual workers who have contracted with the contractor.
-
The author explores, in the study hereunder, an unusual provision in the matter of arbitration proceedings and that relate, essentially, to putting forth arbitration awards which ascertain or establish real rights to courts or the notary public. This provision was reintroduced in the new Code of Civil Procedure and is aimed at obtaining a court order or an authentic notarial instrument. The aforesaid regulation is criticized by the author, grounded by the fact that it flagrantly transgresses the procedural provisions that assign to the arbitration award the same effects as a court order, it being at the same time mandatory. Additionally, the author notes the theoretical and practical difficulties arising from the procedural rules under review. In the author’s view, such a regulation tends to turn the notary public into a jurisdictional authority. The author concludes that a more rational regulation would be to exempt actions relating to real rights from the jurisdiction of the arbitral tribunal.
-
Transmiterea actului administrativ sancționator prin fax îndeplinește, în principiu, rigorile procedurale referitoare la comunicare, aceasta putând fi circumscrisã modalitãții la care se referã art. 86 alin. (3) teza finalã din Codul de procedurã civilã: „alte mijloace ce asigurã transmiterea textului actului și confirmarea primirii acestuia”.
-
The study focuses on the analysis of the norms that regulate the subjects and the object of the protection of the topographies of the semiconductor products from the perspective of the Law no. 16/1995 with the further modifications and of the respective regulations from the Civil Code (Law no. 287/2009). The author reveals some aspects that were incoherently or ambiguously regulated as regards the approached topic and highlights the absence from the content of the special law (Law no. 16/1995) of some provisions misplaced in the Norms of application of this law. At the same time, in order to avoid the confusions in the analyzed case, the author formulates de lege ferenda proposals, in the view of eliminating the identified legislative imperfections.
-
Based on the “judges dialogue” concept (institutionalized communication between the judges of various courts and levels of jurisdiction), the above study authors extrapolate this concept by mainly analyzing the forms of this “dialogue” between the 18 existing Constitutional Courts from as many countries of the 28 European Union Member States.
-
The study deals with the directions of the very probable, and at the same time, the possible review of the Constitutional Court. The starting point in this analysis is to identify the Romanian specific in the control of constitutionality of the period before and after the Revolution of December 1989, compared to models offered by other member countries of the European Union. The review of criticisms that have been made ”to the Constitutional Court and the solution chosen by the Constituent Assembly of 1991 will lead in the final part of the study to the drafting of the possible solutions to be considered by the future constitutional review to make the constitutional justice in Romania more legitimate and more effective.
-
Along with punishments and educational measures, safety measures are part of the broad criminal sanctions category; however, the latter have a mostly preventive purpose, which is to prevent committing new crimes or other offenses provided by the criminal law. Special confiscation is a safety measure whose legal content is patrimonial, as it concerns certain assets related either to the committed deed or to the offender and which, if further left within the factual and legal circuit, could be used to commit new offenses provided by the criminal law. The mainly preventive aim of the special confiscation safety measure is achieved by the fact that, under the conditions and within the limits prescribed by law, property shall pass free of charge into State ownership so that any person may no longer possess or use them to commit other offenses provided by the criminal law.
-
Pursuant to the entry into force of the Civil Code (Law no. 287/2009, republished) on October 1, 2011, which repealed the Family Code, has also duly amended Law no. 119/1996 on Civil status documents, republished, and also the entry into force of Law no. 134/2010 on the Code of Civil Procedure, republished, the author examines in this study the legal provisions relating to dissolution of marriage by divorce through court proceedings, making several references to the courts ? recent relevant case law. Thus, this study examines the legal provisions regulated by Articles 373-374 and Articles 379-381 of the Civil Code and Articles 914-934 of the new Code of Civil Procedure.
-
Given the overwhelming importance of the family home in family economic relationships, the Civil Code authors found it necessary to establish, as an absolute novelty, a special legal regime for various legal acts of the spouses in relation to this house and furnishing or garnishing property thereof. Also, the Civil Code provides a regulation derogating from the common law regarding the rights of spouses on the rented house and in connection with the award of the lease benefit and joint ownership of the house in case of divorce. The new regulations are designed to eliminate, mainly, the causes for various doctrinal interpretations and non-unitary jurisprudential solutions generated by the ambiguities and gaps of previous legislation in the matter.