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Law does obviously not benefit from the privilege of having its own exhaustive language. We might say that most concepts used in law are borrowed from other branches of knowledge. The quite rare concepts that are its own often do not receive a definition that can be classified, according to the methodology of the act of definition itself, as “legal”. The amalgamation of legal terminology with the economic, political, sociological or philosophical terminology, without revising the concepts and without their clear understanding in the areas of knowledge from where they come makes the doctrine and the case law too often flat and stereotyped, if not even chaotic from the conceptual point of view. Lawyers are no longer seen as persons of learning, who try to explain the nature of things through justice, but as simple technicians, who apply concepts taken from other social-human sciences. Under these conditions, one of the fundamental problems for lawyers is to explain a fact that seems to be overlooked by our current culture: what is meant by a legal concept? Afterward, it becomes equally important to understand the way in which the non-legal concepts used in law should be revised, namely what the standards of the legal definition of concepts are. The above-mentioned article attempts to answer to these challenges.
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In this study, the author proves that the owners’ association does not have the legal capacity to acquire land intended to be used by the association members as parking lots or for ensuring access to the building where the individual dwellings of the members are situated. In this respect, it is claimed that the legal documents for the acquisition of such land by the association are subject to absolute nullity, since they infringe the principle of specialty of the legal entity’s usage capacity, established by art. 34, parag. 1 of Decree no. 31/1954 regarding individuals and legal entities. Consequently, it is concluded that the use of land having the above-mentioned destinations may be acquired by the owners in a condominium only by legal documents concluded in their own names.
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The analysis of the offenses against safety on public roads refers hereinafter to four other offenses (leaving the scene of an accident or changing or erasing evidence of the accident; preventing or hindering traffic on public roads; failure to comply with the tasks regarding the technical inspection or the performance of repairs and the performance of unauthorized works in the public road area), continuing our approach to present to the reader our personal option regarding this set of offenses, presently provided for in an emergency ordinance. Key words: vehicle, car, leaving the scene of an accident, changing the scene of an accident, erasing evidence of the accident, carrying out unauthorized works on the public road, preventing traffic, hindering traffic, poor performance of the technical inspection for vehicles and cars.
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The author’s approach to bring forward offenses against public safety on the roads in terms of the new regulation of the Criminal Code enacted by Law no. 286/2009 stands not only for a scientific approach, but also for a matter of letting those concerned in on the regulation and criminal approach of offenses in this area, against provisions of Government Emergency Ordinance no. 195/2002 on road traffic, regulations characterized by profound differences. These are some, though not all which justify, but renders our approach imperative, which, as one may note, shall prove useful in both teaching and practical terms, if it were to consider, on the one hand, the different legal matter of the two regulations, and, on the other hand, some new normative ways of achieving these facts. For the reader to better and easier understand the criminal indictments’ issue, we set ourselves to consider below separately, in two parts, offenses against public safety on the roads.
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The principle of loyalty of evidence is a jurisprudential principle of the European Court of Human Rights. The author intended to provide an overall presentation of its evolution, both from the case law perspective and from the legislative point of view.
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The author explains in detail the concept of “civil servant”, according to the interpretation of the provisions of art. 175 of the new Criminal Code adopted by Law no. 286/2009, attempting to reveal both the merits and the limitations of the interpretative rule examined contextually. The author examines each of the categories of persons falling, according to the lawmaker’s wish, under the notion of “civil servant”, which he accompanies with examples, at the same time mentioning numerous decisions of the courts of law keeping their validity in relation to the provisions of the new Criminal Code as well. In the end, following the analysis made, the author reaches certain conclusions and formulates some de lege ferenda proposals aimed at improving the text examined.
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The author, without claiming to exhaust the subject, drew up this study in the attempt to start a theoretical discussion, but with practical implications as well, regarding the real concurrence of offences between the aggravated thefts committed under the circumstances provided by art. 209, parag. 1, letter i) of the Criminal Code, namely by breaking, escalade or use without right of a real or false key and the trespassing provided by art. 192 of the Criminal Code.
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Starting on October 1, 2011, the new Romanian Civil Code (Law no. 287/ 2009, republished on July 15, 2011) entered into force and, as of February 1, 2013 the new Romanian Code of Civil Procedure (Law no. 134/2010, republished on 3 August 2012) shall come into force. Both the above mentioned codes are being developed by Law no. 71/2011 for the implementation of the new Civil Code, and respectively by Law.76/2012 for the implementation of the new Code of Civil Procedure. The new regulations introduced in the Romanian legislation the concept of guardianship court but until the entry into force of such court its powers which are set out in the new Civil Code shall be exerted by the courts, sections or, where appropriate, the existing specialized juvenile and family panels. Unfortunately, during 2011-2012, the regulations in the new Civil Code, the new Code of Civil Procedure and the two laws for application thereof, as being amended and supplemented several times, the guardianship court relevant legislation is confusing at the present time, thus its transposition in practice is difficult. That being the case, the author attempts in this study to solve a number of problems arising from the situation described and to make some proposals with a view to the future law.
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Through its varied meanings, “loyalty” is perhaps the noblest moral value. It is, in terms of law, a factor and a marker of legal relationships “moralization”, procedural relations including. Although unanimously accredited in the field legal relationships as well, including procedural relations, the loyalty principle is enshrined in terminis as a fundamental principle of civil proceedings. However, it is an implicit result of numerous provisions in the law of civil procedure, which finds appropriate forms of legal and judicial sanction. In our procedural civil regulatory climate, certain peremptory procedural exceptions having permanent effect make unnecessary the application of the praetorian “estoppel” rule established in common law and subsequently in other legal systems. Fundamental right of access to justice is not incompatible with assuming „duty of loyalty”.
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The relatively recently legal notion of imprevision brought under Romanian regulation by the new Civil code that came into force October 1st, 2011, is expected to be subject of numerous specialized analyses in order to clarify the various aspects that make up its identity, characteristics and effectiveness. Following the purpose described here-above, this study aims especially at conjugating the theory of imprevision with the copyright transfer agreement. The article hereafter contains standpoints and de lege ferenda suggestions in relation to the party entitled to institute the legal proceeding relative based upon the imprevision theory, the criteria to be observed in order to adopt a solid legal settlement in this respect, the contracting parties and the court’s role in interpreting and applying the imprevision theory.
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In this study, the author makes a relatively exhaustive analysis of the provisions of Articles 1221 to 1224 of the new Romanian Civil Code (Law no. 287/2009, republished on July 15, 2011 and effective since October 1st 2011) stressing the differences - substantive - between regulations on damage (as vice of consent) in the present Civil Code and in the previous Civil Code (of 1864).
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This study examines the issue of the joint security of creditors over the debtor’s patrimony in the light of art. 2324 of the current Romanian Civil Code (Law no. 287/2009, republished on July 15th 2011 and entered into force as at October 1st 2011), with a special regard concerning the mentioned issue in case of establishment of patrimonies of affectation over the joint security of creditors.