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Criminal regulations are lacunary as regards the punishment of the actions of some persons to determine, by corruption or by other means, ordered assassinations or other serious offences, although their activity is extremely dangerous, taking into account the fact that, sometimes, the victims escape only owing to the benevolence of those instigated, which, in some cases, even denounce the instigators. -
Under European law, EU directives and the problems of their transposition into national law are an issue that reflects the complex nature of the relationship between EU’s power to issue regulations and Member States’ tasks in deciding the optimal form of application of these rules internally. This paper presents the experience of Romania, one of the new Member States which joined the EU in 2007, with regard to the transposition into national system of the European directives as a means to illustrate the dynamics of the relationship between the European Union and the Member States.
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The article deals with the arbitrability of disputes arising in connection with intellectual property rights. The author analyzes and proposes possible solutions, given the arguments in favour and against the arbitrability of such disputes, based on the interpretation of the relevant provisions contained in the new Civil Procedure Code and in the special legislation edicted in matters of intellectual property rights. The last part of the study comprises a comparative analysis of the possible solutions adopted in the matter of arbitrability of these disputes in some European countries, in the United States of America and in Canada.
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The penal clause originates in the principle of contractual freedom. According to this principle, the parties are free to conclude any contracts and to determine their contents, within the limits imposed by the law, the public order and the morality (Article 1169 of the new Civil Code). This study examines the penal clause from a historical perspective, starting from the Roman law, continuing with the French canon law, the Civil Code of 1864, and then reaching to the new Civil Code, as well as the definition of the penal clause, the object, the advantages and the disadvantages of including the penal clause into contracts. The study also makes an analysis of the penal clause in comparison to other institutions of civil law, by emphasizing the similarities and the differences.
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One of the constant elements of the civil procedural institutions is the classification of the nullities of the civil procedure acts into two categories: absolute nullities and relative nullities. This dichotomy involves an essentially different legal treatment applicable to them. However, in many situations, nullities of the civil procedural acts depart, in some aspects, from the „classic” rules involved by this classification. The author of this study refers to such nullities as „atypical nullities”.
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This study focuses on the analysis of a rule of incrimination included in Article 190 of the new Criminal Code of Romania and entitled „killing at the victim’s request”. Naturally, the monographic research of this rule is set within the broader framework of the phenomenon of euthanasia, a phenomenon often subject to heated controversies in the criminal legal doctrine and that receives differentiated approaches brought by the multidisciplinary perspective they generate.
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The Labour Code (Law No 53/2003) was radically amended by the Law No 40/2011. One of the amendments and supplements brought to the Code was the rephrasing of Article 31, respectively, in addition to the trial period, it was regulated, only for the graduates of higher education institutions, a probation period (of 6 months) at the beginning of activity in their profession, with an additional specification that the modality of performing the probation period would be established by a special law. In this respect Law No 335/2013 on performing the probation period for higher education graduates has been recently adopted in order to regulate the probation contract. In this study the author makes an analysis – partly critical – of this last-mentioned law.
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În funcție de întinderea efectelor juridice pe care le produc, actele administrative se clasifică în acte normative și acte individuale. Încadrarea unui act infralegislativ într-una dintre cele două categorii mai sus arătate nu se realizează prin „decuparea” unor dispoziții din acel act, afectând în acest mod caracterul unitar al acestuia, ci prin examinarea integrală a conținutului său, prin prisma trăsăturilor fiecăreia dintre categoriile în discuție (acte normative și acte individuale). Cu alte cuvinte, un act administrativ este fie normativ, fie individual, în funcție de întinderea efectelor juridice pe care le produce ca întreg, indiferent de conținutul concret al unei părți (de exemplu al unei anexe) a acestuia. (Înalta Curte de Casație și Justiție, Secția de contencios administrativ și fiscal, Decizia nr. 1718 din 26 februarie 2013) -
The author intends to make a synthesis of the main amendments brought by the legislator to the civil liability institution, by adopting the present Civil Code, also analyzing the main sources of inspiration underlying the new regulation. The chosen approach is a comparative one, the civil liability institution being analyzed both from the perspective of the Civil Code of 2009 and of the Civil Code of 1864. The study aims to emphasize that the new regulation is a codification of the doctrine and of the case-law, in a necessary attempt to adapt the Romanian legislation to the soft-law standards of the European Union in this matter, as well as to the other international regulations.
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The interdiction of the pignorative contract is a traditional solution for the Romanian law and corresponds to a real need to protect the debtor. However, this study attempts to prove that the solution is presently in disagreement with the legislative policy established by the new private normative order that encourages the diversification of the guarantee mechanisms. Presently, the function of this prohibition would rather be a theoretical one, not to affect the classical physiognomy of mortgage in the continental law system; but, in a legislative system which expressly establishes legal figures such as the sale with repurchase option or the sale with reservation of title and which seems to allow lawful transfers as a security measure, the interdiction becomes formal and it excessively complicates the situation of the participants in the legal circuit.
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The social reality governed by the labour law has known a series of mutations, caused by economic and circumstantial factors, which may have an impact on the object itself of this branch of law. This paper aims to present these amendments, as well as some theories formulated in the Romanian and foreign legal literature on the future of the labour law and of its object. It is pointed out the danger of dissolution of the labour law, following to be later configured a series of options concerning the extent of protection offered by the labour law and its relation to other branches of law.
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The new Criminal Code of Romania brings numerous novelties within the scope of incrimination in the Romanian criminal law and, as compared to the previous regulation, it provides, in the text of Article 276, the sanctioning of the deed of a person who, during ongoing judicial proceedings, makes false public statements concerning the commission, by the judge or by the criminal prosecution authorities, of an offence or a serious disciplinary misconduct related to the processing of that case, in order to influence or intimidate such authorities.
