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The author makes a brief analysis of the relapse into crime in the new Criminal Code and argues the opinion according to which, if the post-execution relapse into crime has been finalised and used in a criminal trial according to the Criminal Code of 1968, the relapse into crime can not be retained according to Article 43 (5) of the Criminal Code and the limits of the punishment can not be increased by half. -
Although the legal doctrine has been less concerned with this subject matter, there are some papers elaborated under the influence of the previous regulations, however, there are quite a few recent papers. In this article, the author makes an analysis of the offences of this special regulation, preferring a classical approach of the subject, the structure being as follows: 1) a brief history of regulations in the field of fishing and aquaculture; 2) the analysis of the offences in terms of constitutive elements, but having in view that some elements are common to all offences, such as, for example, the legal object; these are analyzed by groups, in order to avoid repetition; 3) a few elements of comparative law, by exemplification of some incriminations in the specific legislation of other States.
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The paper is based on the non-uniform practice of the courts within the jurisdiction of the Court of Appeal Oradea, as well as from the country, referring to the following situations: the rejection of the proposal for preventive detention during the criminal prosecution; the rejection of the proposal for extension of preventive detention during criminal prosecution; the cessation de jure of the preventive measures; the revocation of preventive measures and the replacement of a preventive measure with other preventive measure. Within this paper the author deals with controversial aspects in the matter of judicial remedies concerning the preventive measures.
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The author of this study proposes an analysis of the will of the legislator manifested by the introduction of the institution of preliminary chamber judge. Within this study it is made a brief comparison of this institution with some national legislative precedents, but also in relation to the regulations of other states.
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Juvenile deprivation of liberty is a controversial issue, in particular because the measure is in opposition to the educative goal of juvenile justice. Detention of children is a more acute problem. In Switzerland, although pre-trial – as well as administrative (immigration law) – detention of children under the age of 15 are prohibited, they are inappropriately decided by courts and authorities. The article describes the situation, its legal frame and has a critical look at such practice and decisions.
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The author makes a comprehensive and dense analysis of the exception of non-performance which, in his opinion, falls within the system of remedies for non-performance of contracts. At the beginning of his scientific speech, he has proceeded to a broad presentation of the notion, origin and foundations which justify the existence and the application of this important legal means, which is available to any party of a contractual relation, the content of which is formed of reciprocal and interdependent obligations. Likewise, he points out that, unlike the legislative state existing under the influence of the old Civil Code, currently, the exception of non-performance is expressly regulated, by general provisions, in Article 1556 of the new Civil Code, taken over in their essence from the German Civil Code, which entered into force on 1 January 1900. Having the provisions of the new Civil Code in this matter as legislative reference points, this study presents a vast debate on the scope of application, on the conditions of existence, on its own and specific mechanism of operation, as well as on the effects which this important remedy for non-performance of contracts produces between the contracting parties and to the third parties. The findings and the conclusions of the analysis have allowed the author to retain and to express the elements and the own features of the legal regime and of the functions specific to the exception of non-performance, based on which, ultimately, he proceeds to its delimitation from other related legal mechanisms, such as the legal compensation and the right of retention. -
In this study the author analyzes, on the one hand, the scope of application of the provisions of the Government Emergency Ordinance No 34/2014, and, on the other hand, the consumer rights in contracts concluded with professionals which fall within the scope of application of the mentioned Ordinance. We note that the Government Emergency Ordinance No 34/2014 on the consumer rights within contracts concluded with professionals transposes, into the Romanian legislation, the provisions of Directive 2011/83/EU of the European Parliament and of the Council, published in the Official Journal of the European Union, L 304 of 22 November 2011.
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The right of the creditor to request the opening of the insolvency procedure is one of the modalities which the legislator has made available to the creditor in order to materialize his claim right held against his debtor. The opening of the insolvency procedure does not have the characteristic of a proper enforcement, whereas insolvency does not offer to the creditor the guarantee of actual satisfaction of the claim right held against the debtor. The creditor entitled to request the opening of the insolvency procedure must have held against its debtor a certain, liquid and exigible claim for more than 60 days, which shall have the minimum amount set by the law. This study intends to analyze the characters of the claim of a creditor entitled to request the opening of the insolvency procedure, respectively the certain, liquid and exigible character.
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The remand on custody and the preventive detention are placed among the most important institutions of criminal processual law. The adoption of the new criminal processual legislation regarding the remand on custody and the preventive detention raises the question of analysing the elements of novelty contained by the new legal provisions, as well as the question of their compliance with the case-law of the European Court of Human Rights.
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Promoting a public „good governance” involves the rationalisation of the manner of functioning of the state and of the instruments used, among which there are those of a normative nature. The proliferation of legal rules – at national level, at European Union level and at international level – is today a general phenomenon, generating costs – legal, administrative, economic and others – more burdensome for the individual and for the entire society. The remedy for this situation is simplification, under its various aspects – administrative simplification, simplification of the legal language or of the legislative techniques –, an old method frequently used, however a new concept trying to stand out in the field of legal theory. The simplification of law as legal-administrative action has undergone various national and EU experiences. These have accredited a series of principles of conduct, have set targets to be attained and have promoted specific methods and techniques for achieving them.
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The idea of this study has as starting point the „ambiguity” which, under the influence of the current Community and internal regulations, floats over the legal distinction between „designs” and „models”, as well as over their legal nature. Thus, the common definition reserved by the internal and Community regulations for the design and for the model, as well as their alternative or cumulative use in the legal texts convincingly support the existence of this „normative ambiguity”. This „legal reality” is accompanied by the non-existence of some doctrinal concerns for arguing the specificity of designs and of models, mostly by reference of one to the other, but also by reference of these to other kinds of intellectual creation. In fact, as this issue has been approached in the Romanian doctrine, the authors confine themselves, as a rule, only to take over some theses from the foreign legal literature, especially from French one, being less concerned with their logical and legal grounding.
