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In this study the author points out that, although in Romania we can not talk about a real regime of liability for the inconveniences of neighbourhood, but rather about an identity between this form of liability and the one for the abuse of law, however the social, economic, cultural realities, etc. impose such regulation. From a legal point of view, there is no exact definition of this notion, reference being often made in the legal doctrine to the sociological studies that have examined neighbourhood relations or to geographic studies, in which it is contained the essence of this notion from a spatial point of view. The author points out that neighbourhood can be defined as a state of facts that captures the co-existence of some persons, of some assets, whether movable or immovable, configuring those spaces of conflict and discussing proximities and distances. The Civil Code establishes precise rules on environmental protection and good neighbourliness, considered to be legal limits to private property right, thus, according to the provisions of Article 603 of the Civil Code: „The property right imposes the compliance with the duties concerning the environmental protection and the ensuring of good neighbourliness, as well as the compliance with the other duties which, according to law or custom, belong to the owner.” The new regulation nuances certain aspects which, in practice, raise many problems; the following are examples: the use of waters, the roof droplet, the distance and the intermediate works for certain constructions, works and plantations, the view of the neighbour’s property, the right of passage, and finally the judicial limits are regulated. These judicial limits determine expressis verbis the consequences of exceeding the normal boundaries of the neighbourhood, more precisely, if the owner causes, by exercising his right, greater inconveniences than the normal one in the neighbourhood relations, the court may, on grounds of equity, compel him to pay compensation for the benefit of the injured person, and to restore the previous situation whenever possible. -
Take Ionescu was one of Romania’s most remarkable politicians at the end of the nineteenth century and the beginning of the next one, especially before and during the First World War. He was active in politics over 30 years, especially within Conservative Party, whose leader wanted to become, but without success, the competition being intense along with great figures of the Romanian politics of those times: Petre Carp, Alexandru Marghiloman, Nicolae Filipescu, George Gr. Cantacuzino and others. He was one of the brightest orator in the Romanian Parliament, being known and feared by the close logic of his interventions and his great popularity, which attracted close to him many and valuable persons, among them: Constantin Dissescu, Nicolae Titulescu, the historian Xenopol, Dr. C. Istrati, etc. Among his qualities were seriousness and competence, approaches on multiple plans, which was why he was minister in seven governments and, towards the end of his career, was for the short time Prime Minister of the Government. He formed a dissident Conservative Party, which played an important role in the first decades of the 20th century, participating in the exercise of power with other political parties. Take Ionescu was one of the most conscious fighters for the cause of the Great Union of all the Romanians, tirelessly militating for participation in the World War I, along with the Entente countries, which they supported. He was intended to play an important role at the Peace Conference in Paris, but vanities and politicking games made to be absent from this event, where his contribution would have been particularly useful. In the end, as Foreign Minister in the Government of General Averescu, Take Ionescu was the architect of the Balkan Pact, which his disciple Nicolae Titulescu put into practice.
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Within this paper, the author makes a thorough analysis of the offence regulated by Article 277 of the Criminal Code, starting with the reason of incrimination and presenting in detail the constitutive elements of this new offence. To this end the author often makes reference to the provisions of the Statement of reasons of the Law No 286/2009. At the same time, the author confers a particular importance to establishing the existing relations between the offence provided by Article 277 of the Criminal Code and those regulated by Article 12 point 2 of the Law No 78/2000, by Article 269 of the Criminal Code, respectively. -
The study deals with the particularities of the human medically assisted reproduction in the cross-border private relationships. Among the artificial procreation techniques, surrogate motherhood is of present interest, as a result of the multiplication of the requests for recognition, on the territory of the forum, of the foreign judgments which establish the filiation of the child born abroad. The implications of private international law are tangential to the qualification, to the conflicts of laws in time and space and to the effectiveness of the foreign judgments. The heterogeneity of the national regulations is the main factor creating non-unitary case laws and different practices – some of them, questionable. The context of the analysis does not allow the dissociation of the artificial procreation from the higher interest of the child, so that any de lege lata or de lege ferenda solutions must be examined through the filter of this fundamental principle. -
In the practice it was questioned the possibility of the public prosecutor from a public prosecutor’s office higher in hierarchy to take over cases from a public prosecutor’s office lower in hierarchy where the criminal prosecution has ended, following that the public prosecutor from the public prosecutor’s office higher in hierarchy settles the case by indictment. In an opinion this procedure has been appreciated as being fair, in another opinion it has been appreciated that there have been violated the rights of the defendant to a fair trial. -
This paper is mainly a semantic analysis of the definition of the offence of child pornography, included in Article 374 of the Criminal Code. It emphasizes the merits and the shortcomings of the current definition, as well as some solutions intended to remedy this definition.
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In this article, the author analyzes extensively the regulations contained in the new Civil Code and in the special legislation referring to the means of identification of the natural person. The author’s points of view rely on a rich speciality literature and on an extended judicial practice relevant for the identification of a person by civil means. Each attribute of identification of the person is discussed and presented in detail, so that the reader may obtain a complete information on the subjectmatters dealt with. When discussing the problems of identification of the natural person, the author also resorts to the conception of European law in the matter, reflected at the level of the Convention for the Protection of Human Rights and Fundamental Freedoms, also ratified by Romania, as well as of the ECHR case law on various aspects that are related to the private life of the persons and are relevant as attributes of their identification. Within the study, there are presented extensively the name and the domicile of the person established in the civil legislation as attributes of identification of the person.
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In this study the author gives an overview of the facts of unlawful fell down and theft of trees, of their incrimination as offences or contraventions, analyzing afterwards the incidence of the case law of the European Court of Human Rights in this matter, the study ending in some de lege ferenda proposals and best-practice proposals on problematic aspects in this matter. -
A special normative act [the Government Emergency Ordinance No 109/2011 on the corporate governance of public undertakings (the autonomous regies established by the State or by an administrative-territorial unit, the national firms and companies, the companies in which the State or an administrative-territorial unit is a sole or majority shareholder etc.)] shall also regulate, as an exception, the situation where such a public undertaking is organized as a joint-stock companies with a sole shareholder. Whereas the legal regulation on such companies is incomplete, the author examines, in this study, a series of legal problems generated by the existence and functioning of such companies. -
This study includes a critical analysis of the provisions of the new Criminal Procedure Code which provide the producing of proof by expertise in case the technical-scientific fact-finding report is contested. The author has in view the wording of the legal text, which he considers as defective, thus allowing different interpretations. The essence of the discussion is related to the mandatory nature or, on the contrary, to the optional nature of producing the proof of expertise in the mentioned hypothesis. -
The new Civil Procedure Code establishes the penalties for each day of delay as indirect means of coercion meant to ensure the performance in kind of the obligations to do or not to do which can not be carried out by someone else other than the debtor. The application of these penalties is mainly carried out at the level of the executional procedural law, being conditioned by the initiation of the enforcement and by the existence of a writ of execution, however the legislator, by the law implementing the new Code, tends to generalize the system of penalties to the detriment of the other legal means with similar function. In this context and under the terms of removal of the comminatory damages and of the civil fines for each day of delay, regulated by the provisions of substantive law contained in special laws, it is raised the question of admissibility of the general use of penalties regulated by the Civil Procedure Code at the level of substantive law, before obtaining a writ of execution.
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In consequence of Romania’s accession to the European Union, in recent years there have been adopted a series of laws (the Law No 315/2005 and the Law No 17/2014 and others) which establish a series of new legal provisions with reference to the acquisition, in Romania, of the right to private property and its subdivisions over land by the foreign citizens and by the stateless persons. In this study, the author makes an interesting analysis of these new Romanian legal establishments, to which it is also added the Regulation (EU) No 650/2012 of the European Parliament and of the Council (entered into force on 17 August 2015) on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of successions and on the creation of a European Certificate of Succession.
