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In this study, the author explains the concepts of: structure of the registered capital; general pledge of the creditors; registered capital; difference between the registered capital and the patrimony of the company; difference between the registered capital and the equity capital (net assets); difference between the registered capital and the value of the company, as well as the problems of the legal regime of social contributions after payments, as all of the above follow from the Law No 31/1990 (republished) on companies. -
The article deals with the problems of suspension of judgment by the Romanian court based on Article 413 (1) point 1 of the Civil Procedure Code, on the grounds of the existence of a judgment pending before a foreign court. -
In this study there are analyzed the issues raised by the conclusion and performance of the electronic contracts, also having in view that the cyberspace where they are located has no borders. There are examined, by turns, the regulation of the electronic contract (1); the notion of electronic contract, the notion of electronic means, the classification of electronic contracts (2); the formation of the electronic contract (3); the proof of electronic contract (4); the delocalisation of the electronic contract and its significance for the international trade law (5). -
This study begins with on overview of the regulations covering unjust enrichment in French law and the Romanian civil law under the former Civil Code, retaining the fact that its existence as an autonomous source of obligations was, however, recognized and established the Praetorian way. The central part of the study deals with the analysis of the legal regime of unjust enrichment, arising from the express provisions and general rules accounting for relevant general rules under the new Civil Code (Articles 1345-1348); thus, there are set out and debated the conditions of existence of this source of obligations and the admissibility of the action de in rem verso. The author’s approach continues with addressing the unjust enrichment effects and the specific rules applicable to restitutions on this basis. Eventually, it is argued that this autonomous source of obligations is theoretically and philosophically based upon the idea or the principle of fairness. -
The author provides detailed analysis of the legal content of the offense of abuse of office as stipulated for in Art. 297 of the new Criminal Code. He examines the object of criminal protection, the subjects of offense, the objective and subjective sides, the forms, methods, sanctions and certain procedural aspects relating to the offense provided for in Art. 297 of the new Criminal Code. Also, the author does not hesitate to express his views regarding the constituent content of this criminal offense, its systematization, and its nature and to advance certain solutions and ideas of his own in this regard. Last but not least, certain personal views about the concept of subsidiarity, and the law applicable in the event of transitional situations are also promoted. -
The author examines the offense of child maltreatment in relation to the offense history and in terms of the new Criminal Code. Also, de lege ferenda, the author suggests that the offense analyzed should be provided for in the chapter on offenses against the family of the new Criminal Code; this solution was also adopted by the Criminal Code in force.
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The author summarizes the contractual solidarity principle and its overall consequences. At the core of contractual solidarity lies the requirement of reconciling the contractual interests of the parties. Compliance with this requirement stems from the relationship of solidarity between the parties in the context of contract performance and is intended to govern the being and its execution, including the consequences of breaching this tie, should either party be in default. Contract performance supposes the existence and action of solidarity relationship between the Contracting Parties, each laying under the obligation to accomplish the contractual interests of the other Party. Effective and beneficial accomplishment of said objective is ensured by complying the cooperation and coherence duties, which originate and argument their existence in strict relationship of contractual solidarity. The requirement to reconcile the interests of the parties is valid also if difficulties arise for either party during the contract performance. To overcome these difficulties, the parties are required to comply with two duties: the duty of tolerance and the duty of contract adjustment. Finally, the author reveals that the requirement above is meant to govern also consequences arisen from the breach of solidarity ties, in terms of contract unlawful non-performance. Thus, in selecting and implementing remedies and powers it may appeal to, the creditor is bound to comply with the internal consistency of the contract and the duty of fair proportionality or measures; the aim of these duties is the taking-up by the creditor of behaviors consistent with the purpose of the privilege chosen, without contradictions and disproportions in terms of the seriousness of unlawful contract nonperformance by the debtor.The author concludes that the constituent elements of contractual solidarity, on account of their action and effects, are likely to ensure proper performance of duties, to save contracts existence and, ultimately, to accomplish the interests of contracting parties, the purpose of any contractual tie. -
In this study, the authors express a critical opinion referring to the content of the Law No 212/2018 amending and supplementing the Law on administrative disputes No 554/2004 and other normative acts. The amendment of the Law No 554/2004 was determined by the overcrowding of the administrative disputes courts with such litigations and, hence, the need to rethink the provisions of the framework-law in the matter, especially as regards the competence and some procedural aspects. However, the analysis carried out showed that between the objectives assumed by the author of the Law No 212/2018 and the final result, namely the actual content of this new regulation, there is no compatibility and harmony. Many of the provisions of the new law are matters of drafting or of legislative technique, which does not affect the content of the normative act and does not meet the alleged need to rationalize the settlement of these litigations. Secondly, the study emphasizes the lack of foundation of some of the solutions promoted by the Law No 212/2018 and has regard, in particular, to the manner in which the litigations concerning the administrative contracts will be settled in the future. Thus, according to the Law No 212/2018, the litigations regarding the performance of these contracts will be settled by the ordinary courts, and the other litigations, which concern the conclusion, amendment and cessation of the administrative contracts, will be settled by the administrative disputes courts. The authors draw attention to the fact that this new regulation will create disturbances in practice, because litigious situations may arise that will equally concern both an amendment of the contract and the performance thereof. How will such cases be solved? -
Pentru a da eficiență și substanță prevederii procesuale care reglementează conținutul măsurii arestului la domiciliu, exercitând conform art. 3 din Codul de procedură penală funcția de dispoziție asupra drepturilor și libertăților fundamentale ale persoanei, judecătorul poate dispune schimbarea locului de executare a arestului la domiciliu, în situații excepționale, independent de voința inculpatului. Prin Încheierea penală nr. 15 din 20 martie 2018 a Tribunalului Gorj a fost admisă cererea formulată de inculpata G.E.A. și s-a dispus schimbarea locului de executare a arestului la domiciliu al inculpatei, stabilit prin Încheierea nr. 13 din 13 martie 2018 pronunțată în Dosarul nr. 6422/95/2017/a2 al Tribunalului Gorj, de la adresa din Bumbești-Jiu, județul Gorj, la imobilul situat în comuna Brădești, județul Dolj. Totodată, s-a stabilit că supravegherea respectării de către inculpată a obligațiilor care îi revin pe durata arestului la domiciliu va fi exercitată de organul de poliție în raza căruia locuiește, respectiv Inspectoratul de Poliție al Județului Dolj.
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The apparition of the first Administrative Code of Romania – an essential legislative document for the activity of the public administration, for the life of the Romanian State, as a whole – brings, among other things, a significant novelty: the regulation of the legal regime applicable to contractual staff. Such a regime is a justified option of the legislator, taking into account the particularities of this category of personnel – an integral part of those who perform the work as employees. The study carefully analyzes the specific legal norms that apply to the contractual staff and solutions are offered for their practical application. It is concluded that two categories of legal norms produce their effects: the first is constituted by the norms specific to the contractual staff, and the second is formed of the norms that apply also to public servants. Although both categories of norms are part of the Administrative Code, they – respectively those that apply to the contractual staff – are also integrated as part of the labour law, being at the confluence of labour law with administrative law. The common law for the regulations regarding the contractual staff can be found in the norms of the Labour Code. -
The present study aims to emphasize the current state of the principles of ethics in the field of artificial intelligence world-wide, respectively in the Western world (especially the European Union and the United States of America), Russia and China. The author set out to create the necessary debate framework for the importance of raising awareness of this area and of its impact on everyday life. Finally, the study also presents the author’s conclusions on what is ethically important at its intersection with the field of law. Being a new constituent element of contemporary reality, artificial intelligence can no longer be ignored. It is obvious that at present there are missing the binding regulations which give an adequate answer to the problems generated by the arising and functioning of artificial intelligence. Due to the extraordinary, unknown, even unpredictable implications, it will not be possible to create the specific legislation in such a way as to meet the expectations unless a rigorous ethical analysis is done in advance. The study identifies documents issued by state authorities and private entities in which an ethical perspective is taken in relation to the field of artificial intelligence and draws a conclusion on its importance. The author also offers his own perspective on the important ethical principles, in particular, from the perspective of the legal field.
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În România, dreptul de proprietate privată este unul esențial, fiind prevăzut în Constituție1 în cadrul capitolului II referitor la drepturile și libertățile fundamentale. Acest act normativ reglementează dreptul de proprietate privată în mod detaliat, în cele nouă alineate ale art. 44. Pentru a reglementa acest drept, legiuitorul constituant a avut la dispoziție un vast material documentar, format în primul rând din dispozițiile vechiului Cod civil referitoare la proprietate și la regimul ei juridic, bogata doctrină acumulată între timp, precum și practica judiciară a instanțelor, toate acestea fiind adaptate la dinamica continuă a vieții sociale și a circuitului civil din societatea românească, la care se adaugă dreptul comparat în materie
