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This article aims to present the main aspects of the legal marriage age, as governed by the new Romanian Civil Code. After a brief introductory part, the legal provisions regulating marriage at the age of majority are examined. Further, the provisions of the Civil Code regulating marriage before the age of majority are examined, and the conditions under which the minor may enter into marriage are debated: the child reaches the age of 16, there are good reasons, the existence of a medical certificate, the existence of consents required by law, respectively the parents’ consent or the consent of one of their parents or if appropriate, of the guardian and in their absence, of the person or authority which was entitled to exercise the parental rights and the guardianship court authorization. In the final part the conclusions drawn from this study are highlighted. -
This study has as object the logical and legal analysis of the conditions in which, according to Article 341 of the Civil Code, the incomes from work, the sums of money payable as pension within the social insurance system and others similar, as well as the incomes payable under an intellectual property right are considered common assets jointly owned by spouses. The study also includes analyses relating to the categories of incomes and sums that, under Article 341 of the Civil Code, are considered common assets jointly owned by spouses. -
The study discusses in a precise manner and with a careful observation of the perception of the judicial practice on this issue how it is possible or how one should proceed to the verification of the legality of the probative procedures in the preliminary chamber phase. At the same time, with pertinent doctrinal arguments, the author of the study proposes an extension of the limits of verification of the legality of the probative procedures and with regard to the validity of the authorization issued by a judge of rights and liberties during the criminal investigation phase. -
The issue of the assigning of the public purchase contracts, of the public works or services assignment contracts is regulated, in Romania, by the Government Emergency Ordinance no. 34/2006, which has entered into effect in June 2006, and then it was successively amended and completed, through 14 Emergency Ordinances or Laws. In the current study, the authors analyse the recent amendments and completions of the Government Emergency Ordinance no. 34/2006 through the Government Emergency Ordinance no. 76/2010 (approved, with amendments, by Law no. 278/2010) with regard to jurisdiction (to the complaints solving procedure by the National Council for Solving Complaints in the field of the Government Emergency Ordinance no. 34/2006). For this purpose, the authors analyse the main amendments in the field, making, as the case may be, positive or negative appreciations. -
The article addresses the newly introduced legal institution of verification of the legality and lawfulness of protective measures during the criminal trial, which institutes the obligation of the criminal judicial body to periodically analyze whether the legal and factual grounds on which it was previously taken or maintained continue to exist, following to be ordered its maintenance, cancellation, extension or limitation. Through the novelty of the subject under analysis, the study will contribute to the outlining of the guidelines of judicial practice in this unique legal matter. -
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The present study proposes to analyze the issue of civil guilt, in both of its forms (tort and contractual), judging that the selection of the Civil Code s applicable guidelines (the new Civil Code, in force as of October 1st 2011, as well as the previous Civil Code) from the amalgam of jurisprudential solutions and doctrinaire directions is highly important. The exploration of the Civil Code ks texts brings in discussion a current topic much debated by the contemporary doctrine: disappearance of the unity and harmony of civil liability, which is traditionally founded on guilt. The coexistence of the hypotheses of subjective civil liability with those based on the idea of risk, warranty or equity, within the context of modern society, evidences the increase of the remedial role of civil liability, to the detriment of the sanctionable role. The attention focuses on the victim ks position, to be indemnified, being less important, within the area of civil liability, the sanction applicable to the offender. In the last part of the study, the author expresses her belief that, despite inherent difficulties, undoubtedly, at this moment, the guilt still remains „the eternal lady of tort liability”. -
The study is considered to be a valuable examination from a theoretical perspective of recent judicial practice, an examination which often shows argumented critical accents, all relating to the offence newly introduced in the Criminal Code in force since 1 February 2014, respectively the violation of the professional headquarters. One by one, illustrating concrete cases from the practice of the Romanian courts, there are identified difficulties arising from the interpretation and application of the norm of incrimination included in Article 225 of the Criminal Code. Such elements are the following: the notion of „headquarters”, the correct identification of the injured person or the adequate identification of the social value protected by the norm of incrimination. The study is valuable in that it argues the opinions expressed by consistently invoking some aspects included in the preambles of some decisions of the European Court of Human Rights. -
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Celebrating the Day of Justice is a good opportunity for the theoreticians and the practitioners of law to subject to reflection topics of a particular interest, legislative and jurisprudential solutions, or de lege ferenda aspects. Such an event also enables the evaluation of the institutional relations between the authorities that have a well-defined constitutional role in exercising the judicial authority, as well as of the contribution of the different legal professions to the general and complex law enforcement process. From this perspective, the author emphasizes not only the importance of the celebration reunion of the representatives of the main institutions and professional organizations of jurists, but also the requirement for such an event to be marked by scientific manifestations, in which the participants to make known their own researches in the field, to debate in a spirit of fellowship and solidarity issues facing justice as a public service, the statute of magistrates, as well as of the other legal professions. In a way, every man of law is responsible for the triumph of the idea of justice in his profession. -
Availability and predictability of law – essential attributes of quality thereof – are and will certainly be some of the most common grounds for the conventional and constitutional control, not only because these legal requirements stand for fundamental premises of regulating and self-regulating social behaviour in a democratic society, but also because, inevitably, legal regulation always maintains a paradox, apparently insoluble: “the generality of the law” and its “accuracy”. Case law of the European court and the Romanian constitutional litigation court on the availability and predictability of the law is already sufficiently relevant to justify at least a synthetic outline in this area. This is what we attempt to do hereinafter.
