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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. -
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).
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If in ancient times it was often confounded with legal science and constituted a genuine source of law, gradually, case-law transformed into a form of explanation, addition, and elimination of obscurity of the legal text, by the judge, in the process of interpreting and enforcing the law. At the same time, its relations to the doctrine have also evolved, the latter being called upon today to decode case-law rules, assuring their clarity and complete expression of their meanings, from the „inside” of the process of creating law. Case-law phenomenon is an object of analysis for the legal science, in terms of external factors that configure and influence it. The case-law revival noticed partially and specifically after 1989 also in Romania, given the transition, is expected to fully manifest itself in the following period, just after the end of the legislative reform, realized by the adoption and entering into force of the new codes.
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This paper summarises particularly complex issues raised by the offence of concealment. It begins with an analysis of the rational value of amendments brought to the offence of concealment (Article 270 of the new Criminal Code) and continues with the analysis of other problems raised by this offence, which either have not yet found a satisfactory solution or have solutions, but they are not known, understood and unanimously adopted in the criminal law practice.
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This article analyzes amendments brought to the institution of authority of res judicata by the new Civil Procedure Code, in relation to the manner in which the doctrine and the case-law have determined the development of this institution.
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Prior to the referral to the court by filing an application for summons, in cases where the law expressly provides it, the applicant must go through a preliminary procedure, which has the meaning of an attempt of extrajudicial resolution of the legal disagreement. The current regulation in this matter (Article 193 of the Civil Procedure Code) is significantly superior to the previous one. The interpretation and the application of these provisions require some specifications or nuances, which are subject to this study.
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Raportul de evaluare întocmit de inspectorul de integritate în temeiul dispozițiilor art. 17 din Legea nr. 176/2010 privind integritatea în exercitarea funcțiilor și demnităților publice, ca parte a procedurii privind activitatea de evaluare a averii, nu se poate contesta direct la instanța de contencios administrativ, el neavând trăsăturile unui act administrativ, întrucât nu produce efecte juridice prin el însuși. Acest raport constituie un simplu act de sesizare al Comisiei de cercetare a averilor prevăzute în Legea nr. 115/1996, ce poate fi contestat în fața instanței de contencios administrativ doar odată cu actul de finalizare a procedurii desfășurate de această comisie. -
The author draws attention on the phenomenon of „money laundering” in the context of the necessity to combat cross-border organized crime and crime in general, in the context of the newest international instrument in the matter, the Convention of the Council of Europe on Laundering, Search, Seizure and Confiscation of Proceeds from Crime and Financing of Terrorism, adopted in Warsaw on 16 May 2005 and ratified by Romania through Law No 420/2006. This is a timely contribution that also presents the recent case-law of the High Court of Cassation and Justice in the field.
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This paper deals with contesting protective measures taken during criminal proceedings at the request of the civil party. Authors consider that it is the right of the civil party to request for such measures to be taken with regard to the assets of the defendant and to those belonging to the party liable under the civil law. Moreover, the civil party can contest the manner in which the court applies this request.
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Although the science and the practice of law have always enjoyed the consideration and the appreciation of society, their academic recognition remained, mostly, a desideratum. As a complex phenomenon: art, technics and science at the same time, the law represents complexity and difficulty in perceiving and affirming its status of scientific and cultural science. That is why, although the faculties of law were among the founding faculties of universities, the lawyers and their discipline came relatively late in the dome of academies. In Romania, the Romanian Academy, created in 1866, was initially concerned with the study of the national language and history, hardly opening its doors for sciences, in general, and social sciences, in particular. Facing this „conservatorism” the representatives of different sciences have opted to create some specialized academies, such as the Academy of Sciences (1936) or the Academy (Institute) of Moral and Political Sciences (1938). It was only in 1948, by creating the Division of legal and economic sciences, when the law received express recognition among the concerns of the high academic forum, but the lawyers are still under-represented within it. The increasing role of law in post-modern society and asserting its status as social complex science impose the revaluation of its academic status as well.
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While authorities with jurisdiction in the management of European funds exercise control and investigative activities they issue documents which, although they enjoy the presumption of legality like any administrative act, may give rise to litigations. Based on the special normative acts relevant for the management of European funds and on Fiscal Procedure Code, this paper analyses documents issued by such authorities, their legal nature, as well as the procedure for contesting such documents, as a guarantee of the principle of free access to justice.
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In negotiated contracts where parties have established clauses by mutual agreement so-called „abusive clauses” may exist. The abusive character of such clauses may be invoked in negotiated contracts on the ground that one party is always stronger than the other. The penal clause in negotiated contracts may be considered abusive if penalties are excessively high in relation to the extent of the damage or with regard to the value of the delivery. This study examines abusive clauses and abusive penal clauses in exclusive distribution contracts, in leasing contracts and in administrative contracts.
