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The field of contractual freedom has raised a permanent interest and continues to cause numerous discussions in the doctrine, and the practice of the courts emphasizes the importance of applying this principle to the specific civil legal relations. The undeniable importance of the contract as source of law involves inclusively the investigation of the manner in which the good faith and the abuse of right influence not only the formation, but also the performance or cessation of the contractual legal relations. -
The Competition Law no. 21/1996 and the secondary regulations issued for its enforcement advise the parties involved in a merger, assessed as having serious doubts with a normal competitive environment, to propose to the Competition Council a number of commitments aimed at removing these doubts and ultimately lead to achieving a decision authorizing the notified transaction. The purpose of this article is to analyze, on the one hand, the current legal framework of the commitments which may be undertaken by the parties in the context of certain mergers, the procedure for the proposal, the undertake and the approval of the commitments and, on the other hand, the practice of the Competition Council on this topic. -
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In the present study we will try to find the answer to the question: „What can a natural person do when his/her right to the protection of personal data has been violated?”. The natural person having his/her habitual residence in Romania, who suffered damages in a cross-border context, will be taken as a reference system, in an attempt of „guiding” him/her to the competent authority for dealing with the judicial issues that have arisen. The legal basis for answering the question will be the Regulation (EU) No 679/2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. In the first part of the study the terms used to explain the right to the protection of personal data and its violation will be clarified, and in the second part the administrative and/or judicial ways that the natural person can follow in order to restore the violated right will be discussed. -
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Referitor la perioada de timp în care inculpatul poate fi tras la răspundere penală, potrivit art. 154 teza finală C.pen. anterior [art. 186 alin. (1) teza finală C.pen. actual], luna și anul se socotesc împlinite cu o zi înainte de ziua corespunzătoare datei de la care au început să curgă. Altfel spus, ceea ce se calculează potrivit art. 122 rap. la art. 154 C.pen. anterior este perioada de timp în care inculpatul poate fi tras la răspundere penală, ceea ce se situează ulterior acestei perioade urmând a intra pe domeniul prescripției speciale a răspunderii penale.
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The emergence of the Law No 76/2012 for the implementation of the Law No 134/2010 on the Code of Civil Procedure had great influence on the Government Emergency Ordinance No 34/2006 on the award of public procurement contracts. The latter stated that, in the matter of claims for compensation for damage caused during the public procurement procedure, the way of attack is an appeal on law submitted within 5 days of the communication. Difficulties with the publication and entry into force of the Law No 76/2012 were felt because it provided that the appeal would be the remedy in the matter, but before it came into force, the Government Emergency Ordinance No 34/2006 was amended by the Government Emergency Ordinance No 77/2012 which was approved by the Law 193/2013 and which left unchanged the way of attack. To solve the problems related to the succession in time of the laws, the High Court of Cassation and Justice by the Decision No 20/2015 of 5 October 2015 on the examination of the appeal in the interest of the law formulated by the Board of the Suceava Court of Appeal determined that the appeal on law is the only way of attack in the matter. Problems of interpretation have not stopped here because, while the High Court has made compulsory the way of attack, it did not make any mention of the term of exercise. Thus, a non-unitary practice has emerged because some courts have considered that the term of exercise is that of appeal, i.e. 5 days, while others have applied the general term. In our view, the time limit for exercising the appeal on law cannot be considered to be 5 days, because in this situation it would only mean that there was a replacement of the term „appeal” with „appeal on law”, but the general term provided by the Code of Civil Procedure shall apply.
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The study aims to present a case solved by German courts. It was raised the issue of the legal qualification of the winning under a beer cap, on terms of several people having put together the money for purchasing two boxes of beer and having bought them for that amount, including the bottle with the cap which contained the prize. In the case briefly presented it was necessary to determine whether the winning belongs only to the person who discovered the prize under the cap or to all the persons who have contributed with money to purchase the bottle containing the winning cap.
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Over time, the claim for awarding legal costs in the civil trial has not been paid due attention. Starting with 1959, following a decision of the Plenum of the Supreme Tribunal, in the practice of the courts, as well as in the specialized works has been taken over automatically, until it has been imprinted in the collective mind, the idea that the court costs can be claimed at any time until the debates are closed on the merits, and the court may even draw attention to this issue, or they may be claimed separately, even if they were initially requested within the dispute. The present study aims to analyze the legal status of awarding the claim for costs, while giving at the same time the correct legal classification of this claim by reference to the texts of the Civil Procedure Code. Thus, we will show that this claim brought to the justice can not be subject to the discretionary will of the parties, but must be circumscribed by the procedural rigors with regard to filing a claim before the court. In the first instance, the party must accordingly request court costs, respectively by way of introductory application, an objection, an intervention, etc. If it did not do it, as a rule, it will not be able to claim them within that litigation. If it did it, but then waives their request in the initial litigation, wishing to claim them separately, it will be subject to the consent of the opponent. In the redress or withdrawal means of appeal, claiming the court costs is conditionned twice, both in the compliance claim before the court of first instance and in the compliance claim before each court that has examined the case (by way of appeal, objection, etc.). The practical implications of the study are some of the most spectacular, since the party that does not comply with the procedural rigors of the claim for court costs will either be in a position to promote separate action for their recovery or in the event of a final impossibility to recover, in whole or in part, the advanced court costs. -
The article analyzes the qualification of the appeal on law in civil disputes where the judicial remedy of appeal ex novo is not opened, such as the waiver of judgment and the waiver of the claimed right, where the judgment is only subject to the appeal on law. The appeal on law promoted in administrative disputes is also analyzed. The author comes to the conclusion that, even when the judicial remedy of appeal ex novo is suppressed, the appeal on law preserves its nature of extraordinary remedy. -
In this article the author analyses who can have active and passive quality in administrative contentious disputes according to the provisions of Law No 554/2004 of administrative contentious, as amended by Law No 212/2018 for amending and completing the Law on administrative contentious No 554/2004 and other normative acts. The article highlights the correlations existing between the Law of administrative contentious, the Civil Code and the Civil Procedure Code in the subject matter. The article provides solutions to many practical problems.
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The active procedural quality in the direct guarantee action is one of the basic elements of the legal mechanism, regardless of whether we are talking about the active or the passive one. At first glance, we would say that the mechanism of direct action in general should not create too much discussion about its protagonists. However, in legal practice there has been a confusion about the subjects of the direct action, which has led to the questioning of the creditor’s active procedural capacity within the legal mechanism. Through this study, we are trying to shed some light on the practical application of direct collateral action, but also on the interest and procedural quality of the creditor and the debtor within the legal mechanism. Also, since the direct action in classic guarantee does not have a legal basis, unlike the direct action in payment, being derived from the notion of group of contracts, we will show why, in order to avoid contesting the procedural quality of the creditor within the legal mechanism of the direct action under warranty, the contracting parties must expressly insert a clause in the contract giving their consent to the transfer of the right of action to the sub-acquirer, in order to strengthen the transfer of the right of action under the guarantee for hidden defects. At the same time, as the direct action is an exception to the principle of relativity of the effects of the contract, the legislator is obliged to intervene, by introducing expressly some texts in the Civil Code, both in terms of the guarantee for eviction and in terms of the guarantee for hidden defects, so that the direct action in the guarantee finds its practical application. Only in this way will creditors be able to be protected from the effects of the exception of the lack of active procedural capacity, in terms of both guarantees provided by law (hidden defects and eviction).
