-
The introductory part of the study analyzes the regulatory framework of the current bank account contract before and after the entry into force of the current Civil Code and the transitional legal provisions, depending on the limited and unlimited duration of this contract. In dealing with the legal relationship generated by the current bank account contract, it was emphasized that at least one of the contracting parties must be a credit institution and that the obligation to conclude the current bank account contract for certain categories of natural or legal persons is conditioned by the legal constraints regarding the mandatory way of carrying out the receipts and payments imposed by the strengthening of the financial discipline, without this giving the contract a mandatory or forced character. As regards the content of the contract, its standardized character was underlined, including in terms of the system of transferring external clauses or specific regulations related to the policy of each bank in the contractual clauses referring thereto, of which the client is not aware and which often introduce abusive clauses. From this perspective of the adhesion character of the contract, which deprives the client from legal protection, the modest framework of the regulation has a significant contribution. The object of the current account contract is treated in terms of the obligation of the credit institution to open the account and to carry out the credit or debit operation of the credit balance, but also of the client’s right to dispose of the credit balance and of its obligation to bear the bank commissions and charges. The legal characters of the current bank account contract were also analyzed, the attention being paid to the treatment of the adhesion character of the contract and to the one of transfer of ownership, because the latter can explain the whole mechanism of the contract functions. The exercise of the right of the account holder to dispose over the credit balance is supported by the current bank account contract, through which the credit institution makes payments in the name and on behalf of the account holder, in compliance with the instructions with which he mandated it, in accordance with the relevant banking legislation and regulations, including with the internal rules of the depository bank. As regards the manner of exercising the right to dispose of the credit balance, the particularities of the exercise of this right by co-owners and co-holders were analyzed, as well as the issue of unavailability of the credit balance, the conditions and the limits of unavailability, by enforcement by garnishment. The clearing of balances, the conditions of its operation and its extended effects on the legal relations between the account holder and the credit institution were also discussed. The double onerous character of the current bank account contract was analyzed also from the perspective of the bonuses granted by the credit institution for the amounts in the credit balance, but also from the perspective of the account holder, bound by the obligation to pay bank commissions and charges. The cessation of the current bank account contract was treated according to its definite or indefinite duration and depending on the existence of general or special clauses of cessation of the contract. The procedure of unilateral denounciation of the current bank account contract was associated with the written communication of the denouciation and the term of legal notice, conventional or established according to the customs. The effects of the cessation of the contract are accompanied by the closing of the account, by the withdrawal by the client of the amounts remained in the credit balance or their deposit in a collector account until they are handed over to the client. The prescription term for the refund of the amounts from the account is that of 5 years and the moment from which it starts to flow is provided by Article 2190 of the Civil Code, differentiated as the cessation of the contract occurred on the initiative of the account holder or of the credit institution. -
Thanks to his social status, his activity, the social relationships he develops, interest in technology, etc., the child has acquired a certain legitimacy to be able to make recommendations on the purchase of a good or service. Of course, professionals are aware of the reverse socialization that takes place within family relationships and have begun to develop products that are intended for children or that, through children, can reach the bosom of families, although those do not concern children. The purpose of this study is to prove that any child is a vulnerable consumer, although he has at his disposal countless methods of information. The child is not capable of complex cognitive functions. Being a consumer means not only acquiring skills and technical routines, but also an awareness of real needs and values, something that can only happen with the development of each individual. The vulnerability that is specific to the child is a matter of social status of the skills and resources that protect each individual and carry extrinsic and partially intrinsic aspects. By analysing the European and national legal frameworks on consumer protection, I have tried to identify a clear definition of the vulnerable consumer, as well as what the concept of „vulnerable consumer” is based on.
-
In this study, the author aims to highlight a number of manifestations of the principle of availability in civil proceedings that have been sanctioned for the abuse of procedural law. From the analysis of the judicial practice, we identify a multitude of situations in which the person’s right to file a lawsuit is exercised for purposes other than the one for which he was recognized by law, which was sanctioned by the application of a judicial fine. The right to sue and the right to appeal must be exercised in good faith, in accordance with the purpose enacted by the legal provisions, and not to pursue the production of a detrimental result to the adverse party.
-
The Romanian State assumed by the New York Convention adopted on 10 June 1958 only the obligation to recognize and ensure the enforcement of foreign arbitral awards in the situation where the foreign arbitral award is pronounced on the territory of a signatory state of the Convention, and the dispute which has been settled by the respective foreign arbitral award may be qualified as being commercial by the national legislation. We appreciate that the Romanian State complied with this obligation by ratifying the New York Convention, by the Decree No 186/1961, and we emphasize, in this context, that the respective Convention is binding on the Romanian State only with regard to foreign arbitral awards that fall within its scope of application. Thus, for the foreign arbitral awards that do not fall within the scope of application of the New York Convention, the Romanian State is not bound by any conventional obligation, the state having the freedom to regulate legal provisions other than conventional ones regarding the recognition and enforcement of foreign arbitral awards. Consequently, the existence of some domestic legal provisions contained in the Civil Procedure Code, other than the provisions of the New York Convention, on the Recognition and Enforcement of Foreign Arbitral Awards, is in no way likely to engage international responsibility of the Romanian State, since, as we noted in this study, the Romanian State complied with its conventional obligations assumed by the conclusion of the New York Convention, even the provisions of the mentioned Convention (Article 7.1) allowing the existence of some national provisions other than conventional regulations, since only in such a hypothesis there is the possibility of invoking by the interested person the more favourable national provisions (if the normative provisions were identical, in no case could the problem of applying some more favourable legal provisions be raised).
-
The present study aims to detect the type of disputes that may arise during the conclusion, execution and cessation of public procurement contracts, as well as the specificity of the procedure applicable to these disputes. To that end, the premise of our approach is the distinction between the disputes concerning the award, conclusion and nullity of the contracts in question, which fall within the category of administrative disputes, on the one hand, and the disputes concerning the performance and cessation of those contracts, which are part of the scope of civil disputes, on the other hand. The conclusion of the study is that the procedure applicable to each of these categories of disputes has a mixed character (of public law and of private law) in which the weight of special rules differs depending on the nature of the disputes to which we refer.
-
Against the background of the interpenetration of the forms of legal liability for the same illicit deed, whether it is criminal, administrative, contraventional or disciplinary liability, in conjunction with the case law of the European courts attributing criminal character to some accusations beyond the legal qualification of the deed in the domestic law, a double criminal liability may be reached, thus posing the problem of the cumulation of these liabilities in terms of respecting the right not to be punished twice (ne bis in idem). Although no matter can be an exception, the issue arises mainly in areas where there are various forms of liability in the domestic law and different authorities with supervisory and sanctioning powers, such as tax evasion, public order, forestry or environmental offences or, finally, labour protection, which is of interest here. Thus, in the field of safety and health at work, the employer’s liability in the event of accidents at work may be exemplary for such situations, given that he is liable for both a criminal liability incurred by the judicial bodies and a contraventional liability established by the special bodies of the labour inspection, following that our approach will address this issue in the context of the current case law of the European courts of law (such as Case A and B v. Norway, Grand Chamber of the E.C.H.R., or the C.J.E.U. cases, Luca Menci, Garlsson Real Estate SA and Enzo Di Puma, Consob).
-
The study approaches from an interdisciplinary perspective the problems generated by alcohol consumption while driving. The perspectives from which this problem is viewed are both the legal one and the psychological one, but the analysis is also based on statistical data. These data are capitalized in the sense of observing the particularities involved by this phenomenon, by reference to the age categories that are most often found in known statistics, but are also compared with the way in which the issue is regulated in the legislation of other states. All these elements are likely to lead to the conclusion that the national legislation governing sanctions or limits on alcohol consumption in the context of driving a vehicle on public roads requires significant improvements.
-
-
-
-
-
In the case of the debate by the Romanian notary public of a succession with an element of extraneity, in which the registered shares of a limited liability company are subject to succession, the successional devolution will be carried out according to the law applicable to the succession (lex successionis). The point of connection for the lex successionis is the last habitual residence of the natural person, but this person can choose the law applicable to the succession, his national law. According to the lex successionis, there will be established the heirs, but they will not automatically become associates in the limited liability company. The acquisition of the status of associate will be carried out according to the provisions of the law governing the organic status of the legal person (lex societatis), being a matter which concerns the functioning of the company, not the transmission by succession of the registered shares, which operates anyway, but an effect of devolution. The two laws may belong to different national systems of law. In the case of the application of the Romanian law, we intended to find out possible controversial aspects, presenting the doctrinal interpretations or the judicial practice ones and even trying to formulate some proposals de lege ferenda. We also tried to make a comparison with the material French corporate law, for the hypothesis in which de cujus would have registered shares in a limited liability company of French nationality.
