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In this study, the author provides a critical analysis of the content of art. 2322 of the Civil Code that has entered into force on 1 October 2011, regulating for the first time, in terms of legislation, autonomous guarantee instrument of the letter of comfort. Given the lack of doctrinal explanations and of the Romanian jurisprudence in this regard, the author makes a comparative law analysis regarding the use of this instrument, employing as reference points the Common Law systems and Continental Law systems based on the existence of a Civil Code. This instrument is known since the early 1960s by the international transactions practice, but the corresponding case law is quite limited and in some legislation, although frequently used, letters of comfort are not subject to an expressis verbis legislative regulation. The author emphasizes the Romanian Civil Code modern nature together with the call for a consistent use, in practice, of this legal institution. -
The present study aims mainly to identify those wordings in Law no. 287/ 2009 on the Civil Code which apply to testamentary inheritance issues that have certain shortcomings, and to find, as much as possible, the best solutions for remediation thereof.
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Elementul material al infracțiunii de înșelãciune existã distinct de elementul material al infracțiunii de fals în înscrisuri sub semnãturã privatã, activitatea de falsificare a înscrisurilor și folosirea lor în vederea producerii de consecințe juridice consumându-se la momentul sesizãrii instanței, activitatea ulterioarã desfãșuratã de inculpat de inducere în eroare a pãrților vãtãmate în scopul obținerii unui folos material injust realizând latura obiectivã a infracțiunii de înșelãciune, rãmasã în forma tentativei (cu notã criticã) -
Following the repeal of the legal provisions set forth in the Law. 83/1995 and then in the Law. 130/1999, which generally regulated the situations in which, instead of concluding an individual employment agreement, a civil agreement for services could be concluded, the question arises in which cases and under which conditions such civil agreements can be concluded at present, under legal circumstances. In the article below the author studies this problem and draws up finally, as well, some proposals de lege ferenda to avoid any discussions and controversies in the field.
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This study aims to analyze certain particular problems in the execution of the legal employment relationships, namely the work performed without the conclusion of an individual employment agreement and the noncompliance between the contractual clauses and the manner (in fact) of the execution of the contractual rights and obligations. These cases were grouped under the denomination of work wholly or partially dissimulated. After identifying the situations leading to the dissimulated work, the analysis of the causes that determine it and of the effects that it generates, any proposals are formulated for the purpose of increasing the penalties against those who hide the real way of the execution of the work.
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The question of the public legal aid in civil matters was settled by the Government of Romania by issuing the Government Emergency Ordinance no. 51/2008 on legal aid in civil matters. However, the regulation issued in relation to public legal aid in civil matters fails to cover all situations that may arise in legal practice, one of the unregulated issues referring to the applications made by several people together, in which case the court fees stamp are due jointly.
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This study examines the issue of dialogue between the Court of Justice of the European Union and the constitutional courts of the Member States of the European Union, with special reference to the Constitutional Court of Romania, and from this perspective, the effects of integration into the European Union and the transnational judicial dialogue they produce within the national legal systems.
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This article aims to present the main aspects of the legal marriage age, as governed by the new Romanian Civil Code. After a brief introductory part, the legal provisions regulating marriage at the age of majority are examined. Further, the provisions of the Civil Code regulating marriage before the age of majority are examined, and the conditions under which the minor may enter into marriage are debated: the child reaches the age of 16, there are good reasons, the existence of a medical certificate, the existence of consents required by law, respectively the parents’ consent or the consent of one of their parents or if appropriate, of the guardian and in their absence, of the person or authority which was entitled to exercise the parental rights and the guardianship court authorization. In the final part the conclusions drawn from this study are highlighted.
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ACȚIUNE CIVILÃ. ASIGURÃTOR DE RÃSPUNDERE CIVILÃ În conformitate cu dispozițiile Legii nr. 136/1995, instanța dispune obligarea asigurãtorului de rãspundere civilã, în mod direct, în limita obligației sale contractuale, la plata despãgubirilor cãtre partea civilã (Înalta Curte de Casație și Justiție, Secția penalã, decizia nr. 3405 din 23 octombrie 2012). -
Potrivit art. 2781 alin. (8) lit. c) C.pr.pen., judecãtorul pronunțã soluția: „admite plângerea, prin încheiere, desființeazã rezoluția sau ordonanța atacatã și, când probele existente la dosar sunt suficiente, reține cauza spre judecare, în complet legal constituit, dispozițiile privind judecata în primã instanțã și cãile de atac aplicându-se în mod corespunzãtor”(cu notã criticã).
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The article analyzes the specific references that an offence notice has to contain compulsorily, stating an offence of the regime of driving on public roads. Although the elements of the road traffic report shall be determined by the framework law in the contravention matter, respectively the Government Ordinance no. 2/2001, the specificity of the road traffic offenses require certain specific features of these notices, especially about the description way of the act recorded as an offence, about the legal classification of the offense and the application of additional sanctions.
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The article is based on a constant case law of the Constitutional Court of Romania where the expression of “interstitial rule” appears as a leitmotif. Under this rule, any rule of law of the European Union whose content is sufficiently clear, precise and unambiguous, and at the same time proves a certain level of constitutional relevance, will be applied within a compliance control operated by the constitutional court. Therefore, these conditions are examined in detail and also some legal proposition is designed to facilitate the situation of the direct “beneficiary” of such an enforcement – the European litigant.
