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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In response, in this study, the author considers that the regulation in question is useful and therefore should not be repealed.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. -
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. -
The study presented hereafter stands for a supplementation to the doctrine’s existing analysis in relation to the legal provisions regarding the publishing agreement comprised in the Law no. 8/1996 on intellectual property and its correlative rights. Summarizing the article’s content, the author has performed a thorough analysis of the Romanian, and European case law with a special interest for the French jurisprudence. As a starting point for the study, the author considered the high frequency use of the publishing agreement aimed at capitalizing the patrimonial rights related to intellectual property. The author has identified, and examined several relevant aspects related to the publishing agreement’s field of application, marking the limits in relation to other civil agreements, substantiating comprehensively the legal characteristics of this type of agreement by analyzing its scope, its content, its effects, its means of cessation from the point of view of the new civil code (Law no. 287/2009). -
The interpretative solution provided by the High Court of Cassation and Justice – Panel for the settlement of some matters of criminal law by the operative part of the Decision No 15/2018, according to which „after the transfer of the person convicted by the foreign judicial authorities, in order to continue the execution of the punishment in Romania, the length of the punishment considered by the state of conviction as executed on the basis of the performed work and of good conduct, granted as benefit in favour of the convicted person, by the foreign judicial authority, must not be deducted from the punishment which is executed in Romania”, has lost its validity and binding effect both as a result of delivery of the judgment of the Court of Justice of the European Union – Grand Chamber of 8 November 2016 in the Case C-554/14 and as a result of the entry into force of the amendments brought to the provisions of Article 144 (1) of the Law No 302/2004 by the Law No 236/2017.
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