-
The Law No 85/2014 on the procedures for preventing insolvency and of insolvency (which entered into force at the end of June 2014) repeals and replaces the Law No 85/2006 on the insolvency procedure. Obviously, the current law brings a series of new elements, as compared to the previous law. This study briefly presents the main elements of novelty brought, in this matter, by the Law No 85/2014, as compared to the Law No 85/2006, reaching to the conclusion that the regulation of the new law, on the one hand, avoids the financial blocking and, on the other hand, in view of covering the claims, gives greater chances both to the debtors who are in difficulty or in default of payment, and also to the creditors, especially if they are acting in good faith. -
Aspecte introductive. Motivarea unei hotărâri judecătorești este procesul cognitiv prin care judecătorul, în raport de petitul acțiunii, argumentele părților, probatoriul administrat și dispozițiile legale, elaborează soluția. Motivarea trebuie să înglobeze toate rațiunile ce au dus la edictarea soluției1, expresie a judecății efective a cauzei. Este deci esențial ca soluția pronunțată să aibă la bază o motivare completă, denumită în doctrină ca suficientă (deci nu se urmărește o motivare totală care să răspundă fiecărei susțineri a părților, dar nu se poate accepta o motivare parțială), care să se raporteze cel puțin la fiecare categorie de argumente invocate de părți, prin arătarea rațiunii pentru care a fost reținută respectiva categorie de argumente ori înlăturată. -
In this study, after briefly describing the concept of sovereignty, the author successively examines the sovereignty of member states in their relation with the European Union, express restrictions of sovereignty (changes which occurred in the constitutions of member states); certain issues regarding the permanent integration of member states. -
In this study, the authors have examined the provisions of the Romanian Civil Code (the Law No 287/2009) concerning the maintenance obligation (Articles 513– 534). Therefore, there are analyzed: the general principles; the subjects of the maintenance obligation; the order in which maintenance is due; the conditions of the maintenance obligation; determination and performance of the maintenance obligation. -
This study is a brief essay on the right to one’s own image, as it is regulated in Article 73 et seq. of the Romanian Civil Code (the Law No 287/2009, republished on 15 July 2011 and entered into force on 1 October 2011). -
The pre-contractual obligation to inform is one of the ethical instruments meant to ensure the durable and effective maintenance of the contract (contractual durability principle), a requirement which has acquired a considerable development owing to its functions: preventing a possible failure as concerns the maintaining of the durability and the effectiveness of the contract and building a contractual relation based on the active presence of the contracting parties. The provision of sufficiently accurate information will lead to making a decision to conclude or not the contract in full awareness of the facts. It is designed to extend also to the phase of contract performance, allowing the parties to think more deeply about the commitments they will make. But, in the pre-contractual phase, of negotiations, the future contracting parties only begin building a durable trust, which is achieved through dialogue and collaboration and which has normally extended also to the phase of performance of the contract. The pre-contractual obligation to inform tends to engage other legal means as well in order to come to decision-making in full awareness of the facts and in order to build, at the same time, a „bond of trust” intended to extend in time. Therefore, it is obvious the need to generalize this obligation, thus strengthening the coherence of rules (principle of coherence), this being achieved both by way of extending the application of the requirement of „good faith” and by special express rules specific to each category of contracts. -
Insolvency is a contemporary reality which has spread its branches in more and more areas of the law, but also of the society. With reference to the moment of onset of the economic crisis, in 2008, it can be noticed, from a statistical viewpoint, an increase of the number of companies against which the insolvency procedure has been opened, which are undergoing this procedure with its various stages, a fact which can change our outlook on the effective modalities by which they can continue to participate in the civil relations. In relation to these novelty elements, in this study it is discussed whether companies can continue to participate in commercial life, who will run the business, how will the commercial relations materialize into the sensitive matter of public procurement. -
In this study, the author expresses a series of personal considerations on the civil liability of the transport operator (the carrier) in the regulation of the new Romanian Civil Code, specifying that, against the recipient, dispatcher and passenger, the mentioned liability is contractual liability, while against third parties it is tort liability. -
In the study it is emphasized that the main effect of the fidejussion is represented by the obligation of the fidejussor to execute the obligation of the debtor, in case the latter does not fulfil it voluntarily. I have shown that by invoking the exception of the discussion, the conventional or legal fidejussor uses the faculty to ask the creditor, who has started the prosecution against him, to pursue first the assets of the principal debtor, within the limits of the value of the principal debtor’s assets, which the fidejussor will indicate to the creditor. This means of defence by which the fidejussor seeks its exemption from the execution in whole or in part of the obligation of guarantee, derives, on the one hand, from the ancillary nature of the obligation of guarantee and, on the other hand, from the very legal relation of fidejussion. -
Unitatea Teritorială de Analiză a Informațiilor (UTAI) Oradea nu a desfășurat activități de punere în executare a vreunui mandat de supraveghere, în speță, ci doar a transmis cererea organelor de cercetare penală și ulterior a transmis către acestea răspunsul primit de la operatorii de telefonie mobilă. Prin urmare, nu se poate aprecia că aceștia au administrat probe în dosar, ci doar au intermediat, fără a face cercetări suplimentare, transmiterea corespondenței între organul de cercetare penală și operatorii de telefonie mobilă, acesta fiind și motivul pentru care nu aveau nevoie de aviz de poliție judiciară, întrucât nu desfășurau acte de urmărire penală. (Judecătoria Oradea, Secția penală, Încheierea nr. 198 din 10 ianuarie 2020).
-
Certain considerations are mentioned in this study regarding the privilege of the confidentiality of the journalists’ information sources. To this end, there is carried out an interesting description of the European conception on the confidentiality of information sources (case law of the European Court of Human Rights; Swedish, German, British, Belgian, French laws), of the conception in the matter of the laws and case law of the United States of America, as well as of the Romanian conception, finally. The study concludes by emphasizing the need for the adoption of a modern Romanian mass-media law, pointing out that the freedom of the media can never be absolute and consequently, may be limited by legal exception rules of interpretation strictly. -
In this study, the author makes a presentation of the Romanian legislation and case-law, of the European case-law (the European Court of Human Rights), of some regulations of the European legislation, as well as of some provisions of the Constitution of France and of Belgium, all concerning the protection of human dignity and reputation of the individual.
