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The author of this study points out the urgent need of reformation of the legal higher education, in the context of economic globalisation and of the phenomenon of mondialisation of law. This involves, in the opinion of the author, its adjustment both to the new exigences of the professional market and to the internal changes of the system of legal science and theory, in the effort to acknowledge and express the evolution of a globalised world. Within this study there are analyzed, among others, the current trends of the legal higher education from the perspective of the common law model and of the continental legal model of Romano-Germanic origin. Likewise, there are presented the important models of training of jurists in the West, as well as the situation of the legal higher education in Romania. -
Throughout this study the author intends to emphasize some innovative aspects introduced by the new Criminal Procedure Code concerning the criminal prosecution stage, and also some legal provisions insufficiently conceptualized and corroborated with the regulation in its entirety. Aspects related to the referral and the jurisdiction of criminal prosecution bodies are analysed, as well as those pertaining to the beginning and progress of the criminal prosecution, and to the decision not to indict. The author also makes some proposals de lege ferenda meant, in his opinion, to remove or clarify those legal provisions which he appreciates as being contradictory. -
The current article examines the issue of the monitoring of the general revenues of the fixed assets (owned by the debtor), by the creditor according to the regulations included in Art. 789-801 of the new (Romanian) Civil Procedure Code (Law no. 134/2010), as compared to the appropriate provisions of the old (Romanian) Civil Procedure Code from 1865, which was successively republished in 1900, as well as in 1948. All in all, as it is only natural, usually, the new regulations are usually, as it is only natural, obviously superior to the previous ones. -
In a study published in the “Dreptul” Magazine no. 3/2013, p. 108-115, an author criticized the regulation stated in Art. 519-521 of the new Code of Civil Procedure (entered into force on 15 February 2013) regarding the seizing of the High Court of Cassation and Justice for passing a preliminary ruling for clarifying certain law-related issues, which is why he proposed the repeal of these texts. In response, in this study, the author considers that the regulation in question is useful and therefore should not be repealed. -
Artificial intelligence can be classified into analytical artificial intelligence, human-inspired intelligence and humanized intelligence, and in reference thereto it should be noted that, although computer systems reproduce human emotions and expressions, it is difficult for them to comprise a sufficiently large database so as to be able to express the human feelings of a person at the time of making a decision. Although the predictability of a judicial decision by artificial intelligence may take the form of legal certainty, in criminal matters, however, the data used may not reflect the complete reasoning of the judge, which is composed of a multitude of decision-making factors. Therefore, the authors consider that in criminal matters the decision-making must belong to the human judge, the judge being the one who will decide on the basis of the evidence administered not only with regard to satisfying the objective side of the offence, but especially with regard to its subjective side. -
According to the title of this study, the author carries out a thorough analysis of the legal institution of acquisitive prescription in the new Romanian Civil Code (Law no. 287/2009), a Code adopted by the Parliament (but not yet in force) in relation to the same legal institution, as it is legally configured in the Civil Code still in force (since 1865). -
The present study comprehensively examined the Land Book Registration Prescription issue in the new Romanian Civil Code (Law no. 287/2009, which has entered into force on 1 October 2011), stressing in particular, the matters of substantive law as well as the provisional (inter-temporal) law and the correlation between Land Book Registration Prescription issues and the principle of land book material publicity. -
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Considered indisputably as a keystone in any constitutional architecture based on respect for the fundamental rights and freedoms, the concept of human dignity presents certain difficulties as regards the effective legal consequences of its enshrinement in the positive law. It can remain a simple object of worship of a purely rhetorical adoration in the constitutional discourse or it can be depreciated, by instrumentalization, in view of some simple or minor objectives. In addition, the role that human dignity plays in the intellectual system of today’s secular civil religion should not be underestimated. This article briefly highlights these issues, with illustrations from the practice of some constitutional courts (the Federal Constitutional Court of Germany and the Constitutional Court of Romania) and from the debates in the specialised literature.
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In case of admission of the extraordinary remedy of the contestation for annulment, based on the provisions of Article 426 b) of the Criminal Procedure Code (the defendant has been convicted, although there was evidence of a cause of cessation of the criminal trial), declared exclusively by the convicted person, the court proceeds to rehearing the ordinary remedy of the appeal, in compliance with the principle of non-aggravation of the legal situation of the convicted person, as well as by taking into account, where relevant, the principle of application of the more favourable criminal law in order to calculate the date on which the special prescription period for criminal liability expired. -
Acțiunea tatălui de a-l extrage pe fiul său minor dintr-un mediu impropriu dezvoltării armonioase fizice și psihice de la domiciliul stabilit provizoriu de instanța de judecată la mamă nu constituie infracțiunea de lipsire de libertate în mod ilegal, prevăzută de art. 205 alin. (1), (2) și (3) lit. b) C.pen., și nici infracțiunea de nerespectare a măsurilor privind încredințarea minorului, prevăzută de art. 379 C.pen. (cu notă aprobativă).
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There are situations in which the judicial bodies need the opinion of an expert to ascertain, clarify or evaluate certain facts or circumstances that are important for finding out the truth. Forensic expertises have a special regime in relation to other types of expertises, which can be performed only in sanitary institutions of forensic medicine, subordinated to the Ministry of Health. The supreme scientific authority in the field of forensic medicine is the Superior Forensic Commission, which operates under the Institute of Forensic Medicine „Mina Minovici” Bucharest. This article aims to clarify the probative value, in a criminal trial, of the advisory opinions issued by this supreme authority, because there have been and are situations, in the judicial practice, in which there has been given superior probative value to this advisory opinion, as well as situations in which its conclusions were removed with reasons.
