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In principle, except for the emergency situations, it is requested the consent from the parents in order to apply a medical treatment to the minor patient, being essential the minor’s interest and the protection of the minor, of his life and health. In the study there are analysed the legal consequences of having a medical malpractice case for the deed of a physician who, in some situations, applies to a minor patient who is part of the Religious Organization „Jehovah’s Witnesses”, a religious cult recognized by the law in Romania, a treatment based on the blood transfusion, provided that there is a refusal of the parents, who are Jehovah’s Witnesses, on religious grounds1. Jehovah’s Witnesses refuse the treatment based on transfusions of allogenic blood. It must be pointed out the difference between the major person, who is part of the Religious Organization „Jehovah’s Witnesses”, who refuses blood transfusion treatment, requesting treatments alternative to blood transfusion, based on the principle of self-determination and individual autonomy, and the situation involving a refusal of the treatment from the parent for the minor patient (who can not give an informed consent, either because he has no discernment, being under 14 years old, or because he is in the growing up process, 14–18 years old), who is sometimes in a medical condition with risks to his or her health or life, and the physician appeciates that medical treatment based on blood transfusion must be administered, even against the refusal of the minor’s parents, with risks of engaging his liability for medical malpractice. -
In this study, the author starts by finding that there is a divergent case law regarding the admission of the application for declaration of enforceability filed by the court executor under Article 666 of the Civil Procedure Code in the event that the enforcement title is represented by a final judgment whereby the debtor is obliged to pay a sum of money to the creditor and the proof thereof is made by a registry certificate (ad similis, an authenticated copy of the minutes drawn up and signed by the members of the court panel). The author finds that the limited doctrine that analyzed the casuistry described above reaches also diametrically opposite conclusions. In this context, making his own analysis, the author comes to the conclusion that in the above-mentioned hypothesis it is correct the solution of the courts which have admitted the applications for declaration of enforcement, based mainly on arguments related to the probative force of the registry certificate, the existence of the court judgment from the date of its pronouncement in the public hearing as the last stage of the trial (i.e., the first phase of the civil trial), since it has full legal effects, as well as on the desideratum of celerity, which governs the second stage of the civil trial, recte the enforcement. Noting that the existence of a divergent case law by which identical juridical situations are solved is likely to lead to the weakening of trust in the act of justice, the author urges for the most urgent use by the actors entitled ope legis of the means for ensuring a unitary judicial practice stated by the provisions of the Civil Procedure Code and of the Internal Rules of the courts of 2015.
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At the same time with the change of the jurisdiction of the courts vested with the solving of the applications for relocation in the new Civil Procedure Code1, the incidence of a particular situation was ignored: the subsistence of the reasons for relocation also at level of the courts of appeal competent to solve the relocation applications, when the relocation is requested from a court of first instance or a tribunal located in the same locality as the court of appeal, and the legitimate suspicion has sources well-anchored at local level. The High Court of Cassation and Justice was not late in „completing” this omission, by admitting an application for relocation of a relocation process, from the court of appeal in the locality where there were suspicions of lack of impartiality to another court of appeal, contributing, a fortiori, indirectly to the relocation of the substantive litigation to another court, away from the local sphere which did not provide sufficient guarantees of independence of justice.
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The importance of distributing of the amounts in the insolvency procedure is unquestionable. Practically, only at this point in time, the purpose of the insolvency procedure from the point of view of creditors can be palpable and achievable by covering their claims. The legislator’s imperativeness in relation to the order of payment of the claims, respectively of the distribution of the amounts obtained from liquidation, found in the legal regulations, is based mainly on the economic, social, humanitarian and juridical aspects of each type of claim and on the impact that the insolvency procedure, respectively the recovery or non-recovery of claims, may have on each category of creditors. In the context of the entry into force of the Law No 85/2014 on the procedures for preventing insolvency and for insolvency, we propose to analyze the procedure for the distribution of amounts and the order of payment of claims, in a comparative overview as to the old regulation, by emphasizing the notable differences in this field. At the same time, we will perceive this study by structuring it depending on the order of distribution of the amounts within the two fundamental categories of claims, namely the guaranteed claims and secured claims
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If any person can admire his own image without any restriction, then anyone is free to fix his/her image by reproduction in different forms (self-portrait, autosculpture, etc.) and finally the image can be exploited by reproduction (here by the question of whom belongs the product of the image, how it can be exploited, who owns the good in the image, how to exploit its image). The central point of the work is the exploitation of the image of persons and goods. We will try to find out what is the legal basis of image protection depending on its subject. In this way, a leap forward will be made in the legal regulation of the right to image followed by a doctrinal and jurisprudential approach to the law that is invoked to protect the image of the goods. We will also try to capture the need for a distinct right to protect the image of goods by correlating it with the mechanism of regulating the right to image of the individual.
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The study deals with the contract called supply contract, regulated in the current Civil Code, its particularities as opposed to the sales contract, the aspects of incidence of the provisions regarding the sale contract which completes the special regulation of the supply contract. There are analysed the substantive and formal terms of the supply contract, the rights and obligations of the contracting parties, the doctrinal opinions and the case law in the matter, the legal consequences of the failure to supply the goods according to the contractual clauses and the failure to pay the price, the conditions for subcontracting, as well as the aspects related to the contractual liability of the supplier towards the beneficiary, for the non-compliance with the subcontractor’s obligations.
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The Treaty of 9 December 1919 concerning minority protection was eventually signed by Romania only after fierce opposition grounded on the argument that the Treaty provisions contravene the principle of equal state sovereignty. The present paper is focused on examining the circumstances of the drafting of the 1919 Minority Treaty, on expounding its normative content and on depicting the situation of national minorities in interwar Romania. Finally, a general assessment of interwar Romania’s attitude towards minorities is undertaken.
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The declarative establishment of democratic traditions or insurrectional ideals at a constitutional level is legitimate and explicable as an element of public law philosophy and social psychology, but also of national identification, especially in situations where the Constituent Assembly established a democratic political regime, opened to the aspirations of a nation that has liberated itself from the authoritarianism of a tyrannical government system. However, the issue we are raising is whether democratic traditions are justified in a normative regulation. In my opinion, the proper place to preserve the national values and the historical political and juridical traditions of a people cannot be the normative text of the Constitution, because it, as a fundamental normative act, from the point of view of positive law, has the role to regulate political, social and economic relations and others as valid social phenomena measurable politically and legally. The original place of the traditions and values of a community lies in its public consciousness and in the general lifestyle. Here, they retain intact the ideological content and form, as they penetrated through objective scientific knowledge, as well as through a spiritual path in the individual’s consciousness, and extended to successive generations. In this way, democratic traditions acquire an explanatory role for the philosophy of public law. A question arises: if democratic traditions are transposed by constitutional norms in the national legal order and converted into constitutional traditions, can they be challenged scientifically and historically? Contesting the democratic traditions in a scientific work or denying their existence, as well as legislating some areas of social life without considering the Romanian constitutional traditions, are subjected to malpractice or even sanctioned by the law?
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The study is dedicated to celebrating the centenary of the achievement of the national unity of the Romanian people and it is devoted to some of the legislative, doctrinal and jurisprudential evolutions and mutations occurred, during this period, within the institution of civil obligations. The author shows that the evolutions in question have their etiology and explanation in the social needs, determined by the specificity of the historical stages and of the political regimes which the Romanian society has gone through. His approach is placed in the general context of the most relevant changes that have occurred, over the years, in the texts of the Civil Code and of the related legislation. This explains why the study starts with an introductory paragraph, in which it is presented the general state of the old Civil Code and there are set forth its main changes, occurred after 1918.
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Perioada dintre rămânerea definitivă a hotărârii de condamnare și reluarea procesului penal, ca urmare a admiterii redeschiderii procesului penal în cazul judecării în lipsă a persoanei condamnate, este luată în considerare pentru stabilirea împlinirii termenului de prescripției. (Judecătoria Târgu Jiu, Sentința penală nr. 2141/2017, definitivă prin neapelare – nepublicată – cu notă critică)
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In this study there are presented the main scientific arguments that can be taken into account for promoting a new discipline, as sub-branch of the Romanian criminal law, namely the criminal law of transports. For the scientific arguing of this approach, there have been briefly examined the system of Romanian law, the syntagms of branch, sub-branch and institution of our law. As regards the criminal law, reference has been made to the two parts, to some institutions and to the possibility of recognizing the criminal law of transports as sub-branch of the Romanian law. Likewise, within the scientific approach, it has been carried out a brief examination of the criminal law norms specific to the safety of traffic and of transports from Romania, insisting on the necessity of grouping them into a distinct normative act, recommending even a code of transports. The examination has considered the main elements of similarity between criminal law norms specific to the four domains of the national system of transports, namely: road, railway, naval and air.
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This study addresses the problems determined by the fact that in the current Romanian criminal processual legislation there is a sign of equivalence between the moment of pronouncing the judgment and the moment of reading the minutes which contains only the operative part of the judgment. This aspect determines certain consequences that affect the rights of the persons who, in one quality or another, are involved in that criminal trial, resulting even in the execution of a minutes and in the conditional release before the reasoning of the appeal decision. For all these reasons, the study proposes that the reasoning of the judgment should be made before the pronouncement, which would remove all the above shortcomings and would strengthen the confidence of the litigants in the act of justice.
