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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. -
The Treaty of 9 December 1919 concerning minority protection was eventually signed by Romania only after fierce opposition grounded on the argument that the Treaty provisions contravene the principle of equal state sovereignty. The present paper is focused on examining the circumstances of the drafting of the 1919 Minority Treaty, on expounding its normative content and on depicting the situation of national minorities in interwar Romania. Finally, a general assessment of interwar Romania’s attitude towards minorities is undertaken. -
The patrimonial civil rights the content of which has a pecuniary value include the real rights and the claim rights. The claim rights must be regarded directly as a relationship between persons, and, only indirectly, as a relationship between persons and things. The present study aims to analyze in detail the definition of the claim rights, of their legal characters, of the sources and the history of these rights. At the same time, this study proposes a comparative analysis between the claim rights and the real rights. -
Like other modern enactments, the current Romanian Civil Code provides for a series of „rights of the personality”, which include, inter alia, the right to honour. The authors of this paper make a series of considerations in relation to this right „to honour”, in relation to both the Romanian legislation and legislations in Western Europe, taking into account that, in the Romanian legal doctrine, the right in question has been less studied prior to the entry into force of the current Civil Code (1 October 2011). -
Law no. 287/2009 regarding the Civil Code introduces in the matter of successoral option many new items here and there, reconfiguring it. In this study, we propose to examine the general aspects that the successoral option involves in the light of the provisions of the new Civil Code, to highlight the new items brought by this legislative instrument in the matter subject to the examination et to assess their progressive nature. -
In this study, the author makes an analysis on art. 45 to 46 of the Romanian Labor Code (Law no. 53/2003, republished on 18 May 2011) on the legal institution of posting. In this respect, the paper examines a number of controversies of the legal literature in this matter, after which the author, motivated, exposes his own opinion. -
Compensation for damage related to the environment (environmental damage, lato sensu) – harm to the (ecologically “pure”) environment and damage to persons or property caused by pollutants, harmful actions and disasters - is achieved in Romanian law through several legal regimes: tort liability, under the Civil Code (liability for the deeds of its own, deeds based on guilt, fault liability, the deed of things, liability for abnormal neighborhood disturbances), environmental responsibility (covered by Directive no. 2004/35 / EC, transposed into the national law by the Government Emergency Ordinance no. 68/2007), the objective liability of legal origin and liability for damage caused by defective products. The main criterion is in this regard the term “environmental harm” and the concept of environmental damage (lato sensu). The construction of the liability and compensation for damage related to the environment (environmental damage) system involves delimiting the action field of each type of “liability”, “repair”, establishing the specific rules applicable and capturing the relevant structural interdependencies. -
In this study the authors present a series of considerations on the decisions of the Constitutional Court and their effects, in the light of the provisions of Article 147 of the Romanian Constitution of 1991 (revised in 2003 and then republished on 31 October 2003), of the provisions of the Law No 47/1992 on the organization and functioning of the Constitutional Court (republished on 3 December 2010), as well as of the relevant case-law of the Constitutional Court in the matter. In this regard, the authors examine, sometimes in a critical manner, the following problems: the acts by which the Constitutional Court exercises its powers; why the decisions of the Constitutional Court have a general binding nature; whether there is a typology of the decisions of the Constitutional Court or not; the interpretative decisions of the Constitutional Court; the relations of the Constitutional Court with other public authorities arising as a result of the decisions of the Constitutional Court; the effects of the decisions of the Constitutional Court establishing the unconstitutionality of some legal provisions of parliamentary laws, ordinances, regulations and resolutions; the effects of the decisions of the Constitutional Court establishing the unconstitutionality of some provisions included in laws, before their promulgation; the effects of the decisions of the Constitutional Court on the constitutionality/unconstitutionality of the treaties or of the international agreements; the decisions of the Constitutional Court are generally binding and are effective only for the future. -
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The herein study strives to concentrate the main theses developed by the Court of Justice of the European Union regarding the right to paid annual leave. Starting from these premises, it aims to detect the interferences and the effects of European jurisprudence on Romanian national law, with a special view on the practical protection of the right to paid annual leave, in both of its components, the entitlement to annual leave and to a payment on that account. The underlying of the carry-over period’s function represents the basis of the conclusions regarding the necessity for a rigorous distinction between the causes of non-exercise of the right to annual leave by the employee, consequently, reflecting in the different judicial solutions. From the point of view of the Romanian procedural law, the study underlines the need to amend the law regarding the limitation period of the right to action in court for the protection of the non-material component of the right analysed, in order to meet the imperative of full harmonization with the European law.
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In this study, the author makes an analysis – partly critical – of the provisions of Article 2358 (1) and (2) of the new Romanian Civil Code referring to the assignment of the mortgage and of Article 2427 of the same Code regarding the change in rank of the mortgage. Although the author appreciates, in general, as positive the regulations of the new Romanian Civil Code related to the assignment of mortgage and to the change in its rank, separately from the claim which it guarantees, nevertheless, in the conclusion there are retained a number of shortcomings in the drafting of the mentioned texts, for which reason several de lege ferenda proposals are made. -
Este incontestabil că intrarea în vigoare a noului Cod penal a ridicat unele probleme în mod deosebit în practica aplicării legii penale mai favorabile, probleme ce au primit soluții diferite, evident în continuare controversate. În acest fel, odată cu intrarea în vigoare a noului Cod penal, la 1 februarie 2014, în practica aplicării legii penale apar situații diferite cu consecințe și reglementări deosebite în care se pot găsi persoanele care au săvârșit infracțiuni, astfel:
