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In this article the author presents the journalistic portrait of a prominent representative of the Transylvanian intellectuals’ elite – Camil Velican, whose biography belongs to the model of Transylvanian Romanian intellectual from the turn of the 19th century to the 20th century. Following his family’s tradition, Camil Velican opted for legal studies, heading at first for the Hungarian capital, where he attended, at the Royal Hungarian University, the classes of the Faculty of Law and Political Sciences (1897–1900). The model of the best Romanian students in Budapest attracted him to the Academic Society „Petru Maior”, where the talents of the national literature were formed. He continued his studies starting from 1900 at the „Ferenc József” University in Cluj, where he obtained his Ph.D. in Law in 1902, after which he dedicated himself to the profession of lawyer. Camil Velican was acknowledged as a prominent representative of the Romanian lawyer profession, a profession he practiced at the Bar of Alba, whose member he has been since 1903. With a rich political activity, he was the first Romanian Mayor of Alba Iulia after the Union of Transylvania with Romania on 1 December 1918. He had a successful career, both in administration and in the legal field, and he contributed, through his knowledge, to the economic and cultural development of the community to which he was fully committed. It must be noted that Alba Iulia was the first city where, on 20 November 1918, it was installed a Romanian administration, in which Camil Velican served as mayor. The activity in the role of mayor was a special one and contributed to the development of the city, which had become a very important one for the whole country, given the historical event which took place here. On 12 June 1937 it was prematurely interrupted the thread of a life during which he could have continued a prodigious activity in the most diverse areas of public life: politics, administration, economy, culture. Subsequently, under the communist regime, the name and activity of Camil Velican were intentionally forgotten, as well as of other achievers of the Great Union. Moreover, his family has been subject to some political persecution, specific to those regrettable old times. Even the change of paradigm in the Romanian society after 1989 did not change the old state of facts, the memory of the one who was Camil Velican being still ignored. Moreover, the house of the Velican family, which was one of the main places established for the reception of delegates and for assembly of the Transylvanian leaders in order to organize the day of 1 December 1918, continues to be nowadays in an unjustified and unjust state of decay. -
In the present study, the author analyses the provisions newly introduced by the Law No 129/2019 in the matter of the real beneficiary in the case of the fiduciary operation regulated by Articles 773–791 of the Civil Code. The provisions regarding the real beneficiary constitute the transposition into national law of two directives, namely Directive (EU) 2015/849 [amended by Directive (EU) 2018/843)], respectively Directive (EU) 2016/2.258. Analysing the versions in several official languages of the European Union (in particular the English and French languages) in comparison with the Romanian version, the author comes to the conclusion of an insufficiently analysed translation and in reference to the applicable legal provisions regarding the Romanian version, which does not sufficiently study the substantial differences between the fiduciary operation and the equivalent of the Anglo-Saxon law, namely the trust. This results in a difference between the English and French versions, respectively the Romanian version.
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This article intends to provide an analysis of one of the cases of absolute nullity of marriage, expressly regulated by the Civil Code, i.e. bigamy. After a brief introduction follows the discussion of the sanction of a marriage concluded by an already married person whereby relevant provisions, conditions to be fulfilled for establishing the absolute nullity of marriage in case of bigamy, as well as some aspects pertaining to invoking good faith at the time of concluding the new marriage are taken into account. -
The issue of blank bill of exchange titles has always been a subject that has opened the path for debates and controversies, being always of present interest. The interest of clarifying this legal figure is not only a theoretical one, but also a practical one, the blank promissory note being a means of security frequently encountered within the credit contracts concluded by banks. The advantages conferred by the blank promissory note, consisting in the easy way of establishing the title, the flexibility of its content from the perspective of its possibility of filling in, the rapidity of its conversion into a title that can be subjected to enforcement, the restriction of the debtor’s possibilities to contest it and the celerity of the procedure for settlement of such disputes, reflect undeniable arguments for the use of such a legal instrument in the professionals’ practice. This study aims to emphasize certain aspects related to the issue of the blank promissory note, its guarantee and the defences of issuer and of the guarantor of the blank promissory note within the enforcement of the bill of exchange, also with reference to the case of entry into insolvency of the issuer. -
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În primul meu articol, publicat în Dreptul dela 8 Decembrie 1913, arătam că unul dintre cele mai mici și mai sărăcăcioase bugete, în care spiritul de exagerată economie, de adevărată sgârcenie, se arată la fiecare pas, este acel al Justiției. Nu știu cum s’a făcut, că aproape toți miniștrii de justiție, deși avocați prin meseria lor obișnuită, deci cunoscând în deaproape pe magistrați și situațiunea lor materială mai mult decât precară, nu au intervenit până acum de a schimba normele și alcătuirea acestui buget sărăcăcios și nedrept. În adevăr, acest buget, care până mai eri era de 10 milioane, azi, după atâtea secțiuni noui de Curți și tribunale înființate, abia se ridică la 11 milioane și jumătate. Iar salariile magistraților și ale celorlalți funcționari judecătorești, de acum 24 ani, dela legea organizărei judecătorești din 1890, a d-lui Teodor Rosetti, au rămas aceleași! Și cât de mult s’a schimbat în 24 ani situațiunea economică a țărei! Banul s’a eftenit, iar prețul obiectelor de prima necesitate s’a întreit și împătrit chiar. -
The study addresses good faith as a uniform, but flexible, multi-faceted concept within contractual relationships. After analyzing the ambivalent character of the concept of good faith, in antithesis to the abuse of law in the form of bad faith and contractual wrongdoing, the study leans on the functions of good faith, which materialize the principle at its institutional and formal dimensions, namely the interpretative function of contracts, the completive, moderating or limitative, and adaptive function. In approaching the contractual illicit and the bad faith, as a basis of contractual liability, the study shows that good faith is a standard in quantifying them, and the legal language of good faith is a supreme norm of the contractual law, in a means of contractual jurisdiction, meant to limit the principle of contractual freedom.
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The study aims to analyze good and bad faith, which are in a relationship of complementarity, but each with its own individuality, in the phases of negotiation, conclusion and performance of the contract. In the analysis of the forms of manifestation of bad faith in the pre-contractual stage made in the light of the regulation of the Civil Code, there is a tendency to mark the delimitation between contractual freedom, the right to interrupt negotiations, in case of their failure, and bad faith in interrupting negotiations. The study also addresses the complex issues related to the obligation of the parties to information, self-information, dolus through reluctance, to violence, arising from the economic inequality of the parties and harmful conduct and the repercussions, in terms of free and conscious consent, with the corresponding legal sanctions. The problem of repairing the damage caused by the interruption in bad faith or without justification of the negotiations is analyzed in its material and moral dimension, but also in terms of the damage caused by the loss of a chance.
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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. -
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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. -
