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In Romania, the Civil Procedure Code in force shall be repealed and replaced by the new Civil Procedure Code, which was published on July 15, 2010, but has not come into force yet (the time when it comes into force has not been legally established yet). Until such time, Law No. 202/2010 regarding certain measures to accelerate disputes resolution (The “Small Reform” Law) was enacted and came into force in October 2010. In this study, the author makes a comparative examination of the following issues: the exception of the lack of competence, competence conflicts and the transposition to the current Civil Procedure Code, by taking into consideration Law No. 202/2010 and, respectively, the new Civil Procedure Code. The author reaches the conclusion that, sometimes, in law, the regulations of the current Code are better than the regulations of Law No. 202/2010 or of the new Civil Procedure Code; also, there are contradictions between the new laws (Law No. 202/2010 and the new Civil Procedure Code). Given these facts, certain de lege ferenda proposals are laid down. -
The study aims to analyze how the doctrine and jurisprudence, as well, have interpreted the provisions of Art. 32 of Law 18/1991, in over 20 years of applicability of the law’s wording mentioned. As it shall be ascertained, the law’s wording, improperly designed, can not be logically interpreted so as to produce the effects aimed at by the legislator, unless the restraint term of 10 years starts (has already started) its applicability since the issue date of the title deed. -
The existence of a state, situation or particular circumstance in which the offence is committed may ingrain it a character of legitimacy and in such circumstances it is lacking one of the essential features of the crime, the unjustified nature of the act committed. In the category of supporting causes which result in the removal of the essential trait of crime consisting in the anti-juridical character is also included the consent of the aggrieved party in respect with the commission of the crime set forth in the criminal law. In order to be ascertained as supporting cause, the aggrieved party’s consent must belong to the holder of the protected social value or to his legal or conventional representative, to be freely expressed, to be abreast with the time and to target a specific social value or values endangered by committing deliberate crimes. Consent of the aggrieved party does not preclude the unjustified character of the offence in case of criminal offenses against a person’s life, in the event of offenses whose justified effect is excluded by law, as well as in the event of criminal offences whose main passive entity is the state, and the aggrieved party acts as a secondary passive entity.
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The institution of conditional release under judicial control regulated in Title IV, Chapter I, Section V of the Criminal Procedure Code, has been analyzed succinctly in the Romanian specialized legal literature. The problems arising in the context of erroneous interpretations given in practice to the legal texts regulating this institution by the courts of law derive, according to the author’s opinion, from the insufficient approach at doctrinal level of the way in which the conditions under which this measure can be ordered should be interpreted. Of course, the situation should also be analyzed in the light of the particular situation of each case. Thus, the article written by the author intends to analyze the conditions under which conditional release can be ordered after addressing an actual situation submitted to judgment by the courts. -
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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Over time, the abuse of right has been interpreted in various ways: while the advocates of absolute rights have interpreted it literally, namely as the almightiness of individual rights, the advocates of relative rights claim that the rights of one person end where the rights of another person start, so that the person excessively using its own right commits an abuse of right. As regards the explanation of its punishment, the classical theory assimilates it to tort liability, based on the moral censorship of conduct. Meanwhile, more and more of its hypotheses have become detached from fault. The new Romanian Civil Code accepts these trends partially, still remaining the prisoner of fault, as a basis for civil liability. The above-mentioned study intends to examine in a critical manner the legal solutions provided by the new regulation, trying to explain the punishment of the abuse of right on other ideas than the requirement to punish the guilty conduct of the holder.
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Entrusting personal property to view and verify its operation does not constitute a waiver of its possession or detention, and the appropriation of someone else’s stuff touch-and-go in his grip stands for a fraudulent possession, which, without the consent of the victim, with strict reference to the stuff’s acquisition and not otherwise, shall be construed as crime of theft and not crime of fraud. -
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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In this article, the author critically examines matters of criminal procedural guarantees for the injured person, the injured party or civil party, stressing their importance in the administration of criminal justice. In this context, topics on the rights of victims are depicted inspired from the principle of equality of arms, inferred from the (European) Convention on Human Rights and Fundamental Freedoms, the author making some suggestions on repairing the damage caused as a result of the offense. -
Court Judgments for complaints against prosecutor’s not to indict resolutions and ordinances under par. (10) of art. 2781 of the Code of Criminal Procedure are final upon the delivery date thereof. Remaining final upon the date of pronouncing thereof, judgments may not be appealed through ordinary remedies at law. In this article the author analyzes the situation where, if the party was improperly or legally summoned, unable to appear before or to warn the court about such circumstances, it may file an appeal for annulment, extraordinary remedy at law, but which is directed only against judgments pronounced under appeal according to art. 386 of the Code of Criminal Procedure.
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The study examines the issue of autonomy of labor law in relation to civil law while considering the recent assertions in legal literature. Taking into account the classical criteria for delimiting the legal branches within the law – the subject, the specific principles and regulatory method - it is concluded that labor law is a mixed law branch which belongs mainly to private law, applies by way of common law to all labor legal relationships unfounded on individual employment agreement, is self-contained and it capitalizes, where appropriate and possible, the rules of civil law as common law rules. Labor law is not a branch (part) of civil law, but independent component of private law along with common law (civil law).
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Following the entry into force of the new Romanian Civil Code (on October 1, 2011) and the new Romanian Code of Civil Procedure (which will take place on February 1, 2013), in the Romanian civil law doctrine a controversy arose in the sense that divorce exclusive fault of the defendant State (that if the respondent spouse doesn’t file a counterclaim) is admissible only by way of exception, where the reason for divorce consists of a minimum 2-year de facto separation of spouses or, on the contrary in other situations as well. After a thorough analysis, the author opts for restrictive solution, i.e. divorce for applicant spouse’s exclusive fault (if the respondent spouse doesn’t file a counterclaim) is admissible only by way of exception, where the reason for divorce consists of a minimum 2-year de facto separation of spouses.
