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The public order provisions supplement the law of parties. Their relevance is optional and subject to the compliance of the behaviour of the party at fault. In case of non-compliance, specific responsibility for European funds for the public procurement contracts financed from these funds is the legal means that will restore the contractual order. This specific responsibility represents a legal “lever” which allows to the state bodies to intervene in any situation and whenever it finds irregularities in the management of the European funds. The way of creating the legal liability relationship raised more controversy, whose substance will be displayed below. -
In this study, the author examines whether after 1 October 2011 (when the new Romanian Civil Code entered into force), to what extent the creditor may enforce the shares (portions of the share capital of the limited – liability – company) belonging to its debtor, corroborating art. 66 of the Law no. 31/1990 on companies by Art. 1887 of the new Civil Code. One reaches the conclusion that the enforcement of the creditor on the shares in question is more illusory than real. That is, a number of de lege ferenda proposals are made, meaning that the right of enforcement on the debtor’s shares should change from a utopia into a reality. -
The article approaches some aspects of novelty enshrined in the new Code of Civil Procedure, absent in the old regulation. Thus, we examined and analyzed the provisions of art. 244 of the new Code of Civil Procedure, which establishes, as a general rule, the obligation of the court to grant a hearing date for the submission of written observations. The relevance of the art. 244 is also examined in relation to the prosecutor, the exceptions to the general rule are analyzed, as well as the possibility that the parties have to submit addenda to the written observations, upon closure of the debates, according to art. 394 para. (2) of the Civil Procedure Code. Finally, the court proceeding is reviewed in case the party declares a different remedy than that determined by the court, namely if the court decides a wrong remedy.
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Reiterating his view [in that the commercial law is not an autonomous branch of law, but is part of the Romanian civil law, with effect from 1 October 2011, since the new Romanian Civil Code entered into force (Law no. 287/2009, as republished) Code essentially “of monistic nature”], the author criticizes the view (to the contrary) of certain theorists and practitioners, focusing on art. 2557 para. (2) of the Code, as well as the existence – undisputed – of the legal discipline called the international trade law.
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Prin noțiunea de preț serios, astfel cum prevãd dispozițiile art. 1303 C.civ. anterior (1864), se înțelege prețul care constituie o cauzã suficientã a obligației luate de vânzãtor de a transmite dreptul de proprietate asupra bunului ce formeazã obiectul vânzãrii. -
The paper deals with the issue of using hypnosis techniques in crime investigations. The author examines the criminal procedure implications of using such a forensic technique with reference to national legislation and the EU regulations, not avoiding to examine the controversial aspects in the legal literature and jurisprudence; however, the author concludes that the expertise would seem more appropriate to allow the use of hypnosis technique, provided that a clear distinction between hearing a person under hypnosis and the expertise of its discourse under hypnosis is achieved.
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This study was occasioned by the different manner in which the National Council for Solving Complaints and the courts have construed the laws under which the successful tenderer in the public procurement procedure is granted a right of access to a court, often bringing adverse procedural consequences. Although the jurisprudential solutions analyzed were delivered under the old procedural rules, we find that the latest amendments made to both the Government Emergency Ordinance no. 34/2006 and the Code of Civil Procedure were not a remedy for the deficiencies noted, as the ambiguity of the laws stating that the successful tenderer can be party to the administrative jurisdictional procedure, namely party in a complaint to the court, is a source of legal uncertainty.
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This study proposes a broader specialists’ examination of the scientific work represented by the computer program, and particularly of its usage agreement. Law no. 8/1996 regulations on copyright and related rights concerning the computer program usage agreement were investigated in relation to the rules provided for in same law and established for the patrimonial copyrights capitalization agreements and to the provisions of the Civil Code (Law no. 287/ 2009) and of the new the Civil Procedure Code (Law no. 134/2010). The paper contains the legal literature prevalent views on the computer programs usage agreement and the author’s views about some aspects of the analyzed agreement, leaving open path for research, from various perspectives, of particularly complex and evolving legal issues in the matter.
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Article 7 paragraph 1 of the Law no. 554/2004 regarding Administrative Litigation regulates the “preliminary procedure”; therefore, the establishment that, before addressing the administrative courts, the prejudiced person in his/ her own right or interest (usually by an individual administrative action) shall require the issuing authority (or the superior authority, if any) the (in whole or in part) rescission of the action, within 30 days from the notification date of the action concerned. As the “preliminary procedure” issue presents some peculiarities in the matter of the construction permit [covered by Law no. 50/1991 on the authorization of construction works (republished on 13 October 2004)], the study’s author, examines on the one hand, in detail, the issue of the “preliminary procedure”, and on the other hand, presents the peculiarities mentioned above.
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According to the Romanian legislation in the field, which existed prior to the entry into force of the new (Romanian) Code of Civil Procedure (15 February 2013) and labor addressing conflicts (disputes), the tribunal was usually the first instance court having jurisdiction to hear and the court of appeal had jurisdiction only on a single remedy at law (the appeal). After the entry into force of the new Code of Civil Procedure (Law no. 134/ 2010, republished on 3 August 2012), the situation has changed in that against the sentence of the first instance court (the tribunal) there is (except for the revision) a single remedy at law i.e. the appeal (within the Court of Appeal jurisdiction), appeal which is an ordinary, devolutive remedy at law. In this study, the authors analyze this situation stressing that, in principle, is the better for the parties to have nothing but the appeal (besides the revision) as remedy at law, instead of solely the recourse.
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In this study, the author carried out an analysis of the provisions of Article 200 of the new (Romanian) Code of Civil Procedure, which thoroughly regulates the checking of the application for summons subsequent to the registration and adjustment thereof (should it not include all the necessary data).
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Art. 1 of the Romanian Labor Code states that its provisions shall apply to employment relationships, and the legal literature established that the employment relationship arises mainly from the employment contract between the employees and their employers. Law no. 52/2001, which regulates the casual work performed by the day laborer, by way of derogation from the provisions the Labor Code, provides that an employment relationship is established between the labor beneficiary and the day laborer, but an employment contract (which, according to Article 16 of the Labor Code requires written form) is not concluded. As the Court of Justice of the European Union decided in the Land Tirol Case that workers performing occasionally work, even for a single day, fall within the scope of the Framework Agreement on temporary work, and the Albron Catering BV decision stated that between the “employment contract” and “employment relationship” terms there is a relation of subsidiarity, the employment relationship of workers who provide occasional work must produce the same effects, in terms of the concerned person’s rights, with those of an individual employment contract Is concluded that Community legislation conferring rights to workers who have a employment contract or an employment relationship under the national law in force must be construed and enforced in accordance with the jurisprudence of the Court of Justice of the European Union, with regard to the relationship between the employment contract and the employment relationship.
