The role of the notary public is very important in today’s society. Notary services must be performed in good faith, conscientiously and in compliance with all incidental legal norms. Moreover, the assessment made by the Constitutional Court that notaries public are public officials imposes a more rigorous selection on objective criteria, after some tests that may be organized at national level, also given the invalidation cases of locally organized competitions1. However, the notary public profession requires careful attention on behalf of the national guardianship authority in overseeing their careers, so that sanctions are to be imposed to those less prepared, or having reputation problems or incursions into committing criminal acts, and thus the Romanian notary system to be more reliable and increase its quality.

The Union and the Member States shall counter fraud and any other illegal activities affecting the financial interests of the Union through measures to be taken in accordance with Art 325 of the Treaty on the Functioning of the European Union, which shall act as a deterrent and be such as to afford effective protection in the Member States, and in all the Union’s institutions, bodies, offices and agencies. For this purpose, Member States shall coordinate their actions and shall organize, together with the Commission, a tight and constant cooperation between competent authorities and shall take measures to counter fraud affecting their own financial interests. Romania, by adopting Law No 78/2000 on preventing, discovering and sanctioning corruption acts, the Law No 161/2003 on regarding certain measures for ensuring transparent exercise of public dignities, positions and business transparency, by prevention and sanctioning corruption, the Law No 61/2011 on the fight against fraud department, Government Decision No 215/2012 on the National Strategy for 2012-2015 and other normative acts, has created the legal framework necessary for the protection of the European Union’s financial interests.

The author aims to discern the will of the legislator, expressed in the text of the art. 1856 of the new Civil Code, titled marginally “workers’ direct action”. This approach has led to some recent doctrinal views by which the direct action is recognized to subcontractors as well, including those who have the status of legal entity. The author argues that the mentioned legal text has to be interpreted as meaning to the recognition of the direct action only to certain individuals, i.e. to workers and subcontractors-individuals (the latter under certain conditions: working alone or employing workers, working with them to achieve the work / to render the services). In the study, certain practical situations are brought to light, in which the question of determining the holders of direct action is raised, in case of the subcontractor agreements. The author considers as possible, “de lege ferenda”, regulating a direct action both in favour of the subcontractors-individuals using workers and in favour of the subcontractors-legal entities, but only for the price of work/rendering of services which excludes the price of the workers’ activity.

Reiterating his view [in that the commercial law is not an autonomous branch of law, but is part of the Romanian civil law, with effect from 1 October 2011, since the new Romanian Civil Code entered into force (Law no. 287/2009, as republished) Code essentially “of monistic nature”], the author criticizes the view (to the contrary) of certain theorists and practitioners, focusing on art. 2557 para. (2) of the Code, as well as the existence – undisputed – of the legal discipline called the international trade law.

This paper aims to address some issues encountered in the control/audit activity that the Romanian Court of Accounts performs on public authorities and institutions, which aims the disputes arising from breaching by them of the provisions of Law no. 544/2001 on free access to public information. The law provides, in art. 22, that the person who considers himself injured in his rights may appeal to the legal administrative department in whose territorial jurisdiction is residing or the authority or public institution is situated, and the court may require the defendant authority to provide the requested information and pay moral and/or property damages. The defendant in this litigation is the territorial administrative unit (village, town, city, county), and the obligation to pay any compensation falls to it.

This paper presents propter rem obligations in terms of their distinctive characteristics that prevent their inclusion in the classical categories of property rights and obligations. The incidental nature of these obligations is emphasized in relation to the real right on which the prevalence if the intuitu rei nature is grafted in relation to that of intuitu personae and, as a consequence of these, the propter rem obligation perpetuity. The purpose of the propter rem obligation, is to facilitate the operation of real estate that is subject to real right on which is grafted, helps us decipher the accesoriality relation concerning the real right, the transmission mechanism of these obligations, and the abandon as a sanction occurring in case of failure to comply with these obligations. Recourse to abandon is not only the sanction for the non-performance of these obligations, but also the individual having the propter rem obligation, who releases himself from the performance of the obligation in this way. The last part of the paper helps to explain how certain propter rem obligations set forth in the Civil Code or in certain special laws are created and transmitted, which raises questions on the propter rem nature of some of these.

In this article, the author makes some observations about the documents necessary to carry out the real estate publicity formalities as a result of the division of a company. The non-unitary practice of courts and offices of cadastre and land registration in respect of the documents which require to be authenticated for validity and tabulation purposes lead to a non-unitary notarial practice, as well. Dissenting opinions appearing on the transfer of ownership basis and on the time of this transfer, lead to different views on the legal nature of notarial documents processed, which is reflected finally in the taxation field. This study supports the contractual nature of a division, and the manifestations of the final will are expressed, in principle, by the decisions of the general meetings of the companies involved in the division, by which they approve the terms of the transaction. That is, in the author’s opinion, in case of the transfer of real property right, these decisions require to be authenticated.

The article is based on a constant case law of the Constitutional Court of Romania where the expression of “interstitial rule” appears as a leitmotif. Under this rule, any rule of law of the European Union whose content is sufficiently clear, precise and unambiguous, and at the same time proves a certain level of constitutional relevance, will be applied within a compliance control operated by the constitutional court. Therefore, these conditions are examined in detail and also some legal proposition is designed to facilitate the situation of the direct “beneficiary” of such an enforcement – the European litigant.

This study aims to develop concepts already outlined in the doctrine, but in the light of the modern law on self-defence and exceeding its limits, containing transitional issues in relation to the new Criminal Code, accompanied by the case law up to date and reasonable own notes, while emphasizing the theoretical and practical controversies encountered. The article is prepared in an analytical style, the author reveals the key aspects regarding certain particularities and difficulties arising from the combination of the letter of the law with its enforcement. In addition to the aforementioned aspects, certain elements related to the comparative law are present, and the provisions of the (European) Convention for the Protection of Human Rights and Fundamental Freedoms concerning self-defence, as well as de lege ferenda proposals.

ACȚIUNE CIVILÃ. ASIGURÃTOR DE RÃSPUNDERE CIVILÃ În conformitate cu dispozițiile Legii nr. 136/1995, instanța dispune obligarea asigurãtorului de rãspundere civilã, în mod direct, în limita obligației sale contractuale, la plata despãgubirilor cãtre partea civilã (Înalta Curte de Casație și Justiție, Secția penalã, decizia nr. 3405 din 23 octombrie 2012).

The author analyzes the legal status of undue payment, regarded as a source of civil obligations, such as they results in the texts of the new Civil Code. It has been specified since the beginning of the study that in general no essential amendments were reported in relation to the definition and existence conditions of this legal deed. However, it is noted as a novelty that the rules of undue payment in the new legislative environment apply also when the payment consists of the provision of services or execution of works. Likewise, the new Civil Code, unlike the old regulation, does not set forth anymore expressly the condition that the payment be made in error by solvents; however, the author argues, with convincing arguments, that the error of solvens is usually an actually relative prerequisite of the undue payment. A large space is given to the obligation to reimburse the undue payment and the rules applicable to it regarding the existence, the limits and its manner of execution. Most of these rules are located in a separate title of the Civil Code (Art. 1635 to 1649) and apply, with some exceptions, to all reimbursement obligations, regardless of their source. The author notes that, in their content, these rules contain many new elements compared to the old Civil Code, which tries and manages to examine carefully, formulating relevant solutions and answers.

On the occasion of the modification of the claims regarding the establishment of a seizure, the judge of the cause of action should examine to what extent, from the psychological and legal point of view, the active involvement of the creditor – most often the single litigant who knows the existence of the file – prejudices certain fundamental principles of the civil trial such as the principle of the equality of arms or the principle of contradictoriality. The simple record of the presence of the party, in the absence of the other party, is sufficient to affect, by itself, these cardinal ordinances of the civil trial. The principle of availability cannot justify a proportional reduction in the amount of the bail in relation to the reduction of the sum to the amount to which the establishment of the seizure is required; otherwise, it would create an insurmountable “obstacle” in the path of the debtor which, “exposing” the abusive approach of the creditor subsequently, would be obliged to have its fill of an inappropriate bail of the suffered prejudice.

In the study, the author makes an analysis of the preventive measures applicable to the individual in the system of the new Criminal Procedure Code adopted in Romania. The general conditions to be fulfilled for taking all preventive measures, the particular conditions specific to each measure, the grounds and the procedure to be followed for the determination of such measures, are detailed. The emphasis is laid on the house arrest, an institution that has a new nature in the Romanian criminal procedural legislation, but we pay attention to the manner in which the detention, the preventive arrest, the judicial review and the judicial review on bail. The author makes a number of proposals to improve the legislation in the matter, for those situations in which it considers them to be necessary.

Despite of the settling for several years in the Romanian legislation of the regulation giving the creditor the opportunity to regulate the enforcement of the debtor’s obligation, the holder of a trademark, in the manner of the legal seizure of the trademark directly from the estate of the latter – the provisions of art. 40 para. (2) of the Law no. 84/1998 on trademarks and geographical indications, the creditors completely ignore this option as they are not able to anticipate its multiple advantages. The legal seizure of a strong trademark known among consumers – the recipients of the goods or services which the trademark is associated to, confers the creditor seeking enforcement a true mean of enforcing the debtor in the voluntary and immediate execution of its duty. The latter is threatened with the loss of the right to use the trademark in its trade activity, a trademark that it had made famous in time with significant costs and making continuous effort. The manner in which the legislator intended to outline the text of art. 40 para. (2) of the Law no. 84/1998 suggests indirectly that the trademark rights can be enforced ut singuli, distinctly from the goodwill in which they are included, and the legal nature of the concept of trademark determine the means of enforcement whose procedures have to be followed in order to achieve the ultimate goal – recovery of the claim: the indirect. movable enforcement, by sale at auction of the trademark rights, after its evaluation by a judicial technical expert in the matter of the industrial property rights.

The question of the public legal aid in civil matters was settled by the Government of Romania by issuing the Government Emergency Ordinance no. 51/2008 on legal aid in civil matters. However, the regulation issued in relation to public legal aid in civil matters fails to cover all situations that may arise in legal practice, one of the unregulated issues referring to the applications made by several people together, in which case the court fees stamp are due jointly.

In this study the author makes a comprehensive analysis of cyber crime and how to fight, prevent and investigate this. The analytical approach is based on the definition of cyber crime, of its characteristics, and finally on the identification of the specific means of evidence that are used in the criminal investigations

Elementul material al infracțiunii de înșelãciune existã distinct de elementul material al infracțiunii de fals în înscrisuri sub semnãturã privatã, activitatea de falsificare a înscrisurilor și folosirea lor în vederea producerii de consecințe juridice consumându-se la momentul sesizãrii instanței, activitatea ulterioarã desfãșuratã de inculpat de inducere în eroare a pãrților vãtãmate în scopul obținerii unui folos material injust realizând latura obiectivã a infracțiunii de înșelãciune, rãmasã în forma tentativei (cu notã criticã)