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As a result of the increase in the number of attacks of the specimens of wild game species listed in the Annexes №. 1 and 2 of the Law №. 407/2006 on hunting and wild game protection, with subsequent amendments and completions, resulting in injury or death of an individual, given that wild game specimens are managed under the special law, the Romanian legislator was obliged to regulate liability for damages thus caused, responsibility that lies with the central public authorities responsible for hunting and/or the central public authorities responsible for the environment. Our research addresses this form of liability as a novelty in the landscape of Romanian law, with all the range of effects it generates, in the sense of highlighting its special character in relation to the common law regulation of tortious liability of objective type, in terms of calculation of the material and moral component of the damage created as a result of the attack produced by a specimen of the wildlife species on a human, an attack capable of causing injury or even death of the victim. We critically analyzed the text of Article 131 of Law №. 407/2006, with subsequent amendments and completions, considering, as a final conclusion of the study, that it is necessary to reform it as a matter of urgency, all the more so as there are serious doubts about the content of the regulation regarding the observance of the principle of constitutional rank of non-discrimination, as well as its concordance with the values of the ECHR, even in the context in which the state, as a subject of law, has been recognized the possibility of capping different types of compensation. -
As by Article 24 of the Law No 140/2022 the legislator imposed on the National Authority for the Protection of the Rights of Persons with Disabilities and the Superior Council of the Magistracy obligations aimed at assessing the impact of this normative act, accompanied by possible proposals for its improvement, it is obvious that the legislator itself did not exclude that his legislative work does not constitute the masterpiece in the field. In this context, the present approach is intended to continue to emphasize, by the doctrine, some shortcomings of the Law No 140/2022 and to already propose a genuine reform in the matter. In the spirit of respecting the right to dignity of the persons with severe intellectual and psychosocial disabilities, a right that requires that a person who has acquired by law a full capacity of exercise should not be subjected to the degrading treatment of losing, totally or partially, this capacity, in the following we propose to be introduced, in the matter of capacity of exercise, the institutions of assisted capacity of exercise and of supervised capacity of exercise. Consequently, it required either the replacement of the institution of guardianship with the existing one, that of the personal assistant, as the case may be, of the professional personal assistant, or a specialization in the matter of guardianship, for such persons, of the sort of administrative guardianship. -
Declaration of the unconstitutionality of the Article 164 (1) Civil Code provisions has determined the adoption, with an unjustified delay, of the Law No 140/2022 on some protection measures for people with intellectual and psychosocial disabilities and the modification and completion of some normative acts, which establish assistance for the conclusion of legal acts, judicial counseling and special guardianship, as well as a clear and flexible procedure for the establishment of these protection measures. Every person must be free to act in order to develop his/her personality, the state, by virtue of its social character, having the obligation to regulate a normative framework to ensure respect for the individual, the full expression of the personality of citizens, of their rights and freedoms, of the equal opportunities, resulting in respect for human dignity.
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In this study, the author aims to present the relevant aspects of mediation, as an alternative means of resolving disputes that the parties may use by virtue of availability, highlighting both its advantages and the reasons why the law governing it has become increasingly less applied. In addition, there are situations in which the courts have been called to approve mediation agreements, but also the author’s opinion regarding the need to use the optional procedure, except for disputes in the field of family law, which should be analyzed by judges, who are the most able to pronounce solutions that correspond most faithfully to the best interests of the child.
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The study addresses a field of great practical interest, that of traffic contraventions. The perspective is one that combines in a balanced manner the doctrinal elements with the jurisprudential ones, the author proving a very good knowledge of the points of debate and of divergence in this matter. In the study there are included also elements that serve to differentiate the contravention from the offence, with references to the doctrine that has addressed this issue, but also the analysis of the most common differences of opinion, of interpretation and of application of the law. Among these there are: the forced intervention in the matter of the settlement of contraventional complaints, the balance between the presumption of innocence of the petitioner and the presumption of legality of the official report of the contravention, as well as the difficulties in establishing the judicial truth in the matter of contraventional complaints.
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The study briefly analyzes the status of the deputy mayor in relation to the status of the public administrator in order to debate a possible conflict between them. The similarities and differences between these two functions are highlighted. The delegation of attributions by the mayor is discussed from the perspective of the possibility for the mayor to appoint like substitute the public administrator during his vacation. There are three situations provided by law in which the deputy mayor becomes the legal substitute of the mayor presented in detail in the study: the vacancy of the position of mayor; the suspension from office of the mayor and the cases of impossibility to exercise the mandate by the mayor. In any other situation, there is no legal provision for the deputy mayor to become the legal substitute for the mayor. Two issues need to be debated in this context, namely: identification of the status of the public administrator in the public administration staff and like a consequence, the legal nature of the management contract concluded by public administrator with the mayor. Finally, it is argued the impossibility of suspending the addendum to the management contract, under the conditions of Article 14 of the Law on Administrative Litigation.
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The error of random distribution of a civil case refers, in the matter of means of appeal, unlike the scenarios in which it is necessary to qualify or requalify a means of appeal, only the situation where the will of the party exercising the means of appeal is disregarded, respectively it is not registered on the role of the court of judicial control and, subsequently, randomly distributed the means of appeal exercised by the party, but another means of appeal, due to a genuine error occurred at the time of the registration of the means of appeal or, as sometimes happens in the judicial practice, because at the time of the registration of the means of appeal it is assessed that the party did not exercise the means of appeal provided by law, thus proceeding to the registration of the means of appeal provided by law, which should have been exercised by the party, and not of the means of appeal that was actually exercised.
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This study aims to analyse the meaning of the term „reasonable grounds” enshrined in paragraph (2) of Article 11 of Law No 554/2004 on Administrative Proceedings. Neither the relevant framework law, nor any other regulation defines this concept, which creates problems in practice. The tendency in case law is to consider that „reasonable grounds” must be understood as a situation beyond the person’s control, insurmountable, in case of force majeure or fortuitous event. The present study seeks to correct this view and to promote the interpretation that the notion can be understood both in the sense mentioned above and in one where the parties use administrative methods to prevent a dispute from arising.
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In the case of the debate by the Romanian notary public of a succession with an element of extraneity, in which the registered shares of a limited liability company are subject to succession, the successional devolution will be carried out according to the law applicable to the succession (lex successionis). The point of connection for the lex successionis is the last habitual residence of the natural person, but this person can choose the law applicable to the succession, his national law. According to the lex successionis, there will be established the heirs, but they will not automatically become associates in the limited liability company. The acquisition of the status of associate will be carried out according to the provisions of the law governing the organic status of the legal person (lex societatis), being a matter which concerns the functioning of the company, not the transmission by succession of the registered shares, which operates anyway, but an effect of devolution. The two laws may belong to different national systems of law. In the case of the application of the Romanian law, we intended to find out possible controversial aspects, presenting the doctrinal interpretations or the judicial practice ones and even trying to formulate some proposals de lege ferenda. We also tried to make a comparison with the material French corporate law, for the hypothesis in which de cujus would have registered shares in a limited liability company of French nationality.
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