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Article 5 of the Civil Procedure Code1 regulates the fundamental principle of free access to justice and the obligations that the legislator establishes as duty of the judge are meant to outline this principle2 . Free access to justice is a fundamental principle of the organization of any democratic judicial system, being enshrined in an important number of international documents, therefore it has special meanings both for procedural law and for the constitutional law3 . -
In the first part of the study, the author emphasizes the importance of the legal remedies for making justice more efficient, one of the important objectives of any reform programme in the field. The finding is natural, since a good regulation of the legal remedies can make a substantial contribution to the resolution of the trials within a reasonable time, in order to use only a unanimously accepted phrase. The general tendency of the contemporary procedural regulations is to carry out a simplification of the legal remedies and to avoid congestion of the courts, especially the courts of appeal and the supreme courts. For this purpose, the vast majority of the analyzed regulations establish some limitations – value-wise – of the exercise of the legal remedies or establish means of filtering the reviews, and in some countries even of the appeals. The author also notes that in some procedural systems the ordinary legal remedy of the appeal cannot be exercised in low value disputes. One of the author’s conclusive remarks is that the filtering systems of some legal remedies are efficient and contribute to the resolution of processes with celerity. Another final conclusion is that the Romanian legislator has abandoned such an approach, and this should be reconsidered in the future.
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The study addresses good faith as a uniform, but flexible, multi-faceted concept within contractual relationships. After analyzing the ambivalent character of the concept of good faith, in antithesis to the abuse of law in the form of bad faith and contractual wrongdoing, the study leans on the functions of good faith, which materialize the principle at its institutional and formal dimensions, namely the interpretative function of contracts, the completive, moderating or limitative, and adaptive function. In approaching the contractual illicit and the bad faith, as a basis of contractual liability, the study shows that good faith is a standard in quantifying them, and the legal language of good faith is a supreme norm of the contractual law, in a means of contractual jurisdiction, meant to limit the principle of contractual freedom.
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The present study aims to emphasize the current state of the principles of ethics in the field of artificial intelligence world-wide, respectively in the Western world (especially the European Union and the United States of America), Russia and China. The author set out to create the necessary debate framework for the importance of raising awareness of this area and of its impact on everyday life. Finally, the study also presents the author’s conclusions on what is ethically important at its intersection with the field of law. Being a new constituent element of contemporary reality, artificial intelligence can no longer be ignored. It is obvious that at present there are missing the binding regulations which give an adequate answer to the problems generated by the arising and functioning of artificial intelligence. Due to the extraordinary, unknown, even unpredictable implications, it will not be possible to create the specific legislation in such a way as to meet the expectations unless a rigorous ethical analysis is done in advance. The study identifies documents issued by state authorities and private entities in which an ethical perspective is taken in relation to the field of artificial intelligence and draws a conclusion on its importance. The author also offers his own perspective on the important ethical principles, in particular, from the perspective of the legal field.
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The apparition of the first Administrative Code of Romania – an essential legislative document for the activity of the public administration, for the life of the Romanian State, as a whole – brings, among other things, a significant novelty: the regulation of the legal regime applicable to contractual staff. Such a regime is a justified option of the legislator, taking into account the particularities of this category of personnel – an integral part of those who perform the work as employees. The study carefully analyzes the specific legal norms that apply to the contractual staff and solutions are offered for their practical application. It is concluded that two categories of legal norms produce their effects: the first is constituted by the norms specific to the contractual staff, and the second is formed of the norms that apply also to public servants. Although both categories of norms are part of the Administrative Code, they – respectively those that apply to the contractual staff – are also integrated as part of the labour law, being at the confluence of labour law with administrative law. The common law for the regulations regarding the contractual staff can be found in the norms of the Labour Code.
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Pentru a da eficiență și substanță prevederii procesuale care reglementează conținutul măsurii arestului la domiciliu, exercitând conform art. 3 din Codul de procedură penală funcția de dispoziție asupra drepturilor și libertăților fundamentale ale persoanei, judecătorul poate dispune schimbarea locului de executare a arestului la domiciliu, în situații excepționale, independent de voința inculpatului. Prin Încheierea penală nr. 15 din 20 martie 2018 a Tribunalului Gorj a fost admisă cererea formulată de inculpata G.E.A. și s-a dispus schimbarea locului de executare a arestului la domiciliu al inculpatei, stabilit prin Încheierea nr. 13 din 13 martie 2018 pronunțată în Dosarul nr. 6422/95/2017/a2 al Tribunalului Gorj, de la adresa din Bumbești-Jiu, județul Gorj, la imobilul situat în comuna Brădești, județul Dolj. Totodată, s-a stabilit că supravegherea respectării de către inculpată a obligațiilor care îi revin pe durata arestului la domiciliu va fi exercitată de organul de poliție în raza căruia locuiește, respectiv Inspectoratul de Poliție al Județului Dolj. -
In this study, the authors express a critical opinion referring to the content of the Law No 212/2018 amending and supplementing the Law on administrative disputes No 554/2004 and other normative acts. The amendment of the Law No 554/2004 was determined by the overcrowding of the administrative disputes courts with such litigations and, hence, the need to rethink the provisions of the framework-law in the matter, especially as regards the competence and some procedural aspects. However, the analysis carried out showed that between the objectives assumed by the author of the Law No 212/2018 and the final result, namely the actual content of this new regulation, there is no compatibility and harmony. Many of the provisions of the new law are matters of drafting or of legislative technique, which does not affect the content of the normative act and does not meet the alleged need to rationalize the settlement of these litigations. Secondly, the study emphasizes the lack of foundation of some of the solutions promoted by the Law No 212/2018 and has regard, in particular, to the manner in which the litigations concerning the administrative contracts will be settled in the future. Thus, according to the Law No 212/2018, the litigations regarding the performance of these contracts will be settled by the ordinary courts, and the other litigations, which concern the conclusion, amendment and cessation of the administrative contracts, will be settled by the administrative disputes courts. The authors draw attention to the fact that this new regulation will create disturbances in practice, because litigious situations may arise that will equally concern both an amendment of the contract and the performance thereof. How will such cases be solved?
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The author summarizes the contractual solidarity principle and its overall consequences. At the core of contractual solidarity lies the requirement of reconciling the contractual interests of the parties. Compliance with this requirement stems from the relationship of solidarity between the parties in the context of contract performance and is intended to govern the being and its execution, including the consequences of breaching this tie, should either party be in default. Contract performance supposes the existence and action of solidarity relationship between the Contracting Parties, each laying under the obligation to accomplish the contractual interests of the other Party. Effective and beneficial accomplishment of said objective is ensured by complying the cooperation and coherence duties, which originate and argument their existence in strict relationship of contractual solidarity. The requirement to reconcile the interests of the parties is valid also if difficulties arise for either party during the contract performance. To overcome these difficulties, the parties are required to comply with two duties: the duty of tolerance and the duty of contract adjustment. Finally, the author reveals that the requirement above is meant to govern also consequences arisen from the breach of solidarity ties, in terms of contract unlawful non-performance. Thus, in selecting and implementing remedies and powers it may appeal to, the creditor is bound to comply with the internal consistency of the contract and the duty of fair proportionality or measures; the aim of these duties is the taking-up by the creditor of behaviors consistent with the purpose of the privilege chosen, without contradictions and disproportions in terms of the seriousness of unlawful contract nonperformance by the debtor.The author concludes that the constituent elements of contractual solidarity, on account of their action and effects, are likely to ensure proper performance of duties, to save contracts existence and, ultimately, to accomplish the interests of contracting parties, the purpose of any contractual tie. -
The author examines the offense of child maltreatment in relation to the offense history and in terms of the new Criminal Code. Also, de lege ferenda, the author suggests that the offense analyzed should be provided for in the chapter on offenses against the family of the new Criminal Code; this solution was also adopted by the Criminal Code in force. -
The author provides detailed analysis of the legal content of the offense of abuse of office as stipulated for in Art. 297 of the new Criminal Code. He examines the object of criminal protection, the subjects of offense, the objective and subjective sides, the forms, methods, sanctions and certain procedural aspects relating to the offense provided for in Art. 297 of the new Criminal Code. Also, the author does not hesitate to express his views regarding the constituent content of this criminal offense, its systematization, and its nature and to advance certain solutions and ideas of his own in this regard. Last but not least, certain personal views about the concept of subsidiarity, and the law applicable in the event of transitional situations are also promoted.
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This study begins with on overview of the regulations covering unjust enrichment in French law and the Romanian civil law under the former Civil Code, retaining the fact that its existence as an autonomous source of obligations was, however, recognized and established the Praetorian way. The central part of the study deals with the analysis of the legal regime of unjust enrichment, arising from the express provisions and general rules accounting for relevant general rules under the new Civil Code (Articles 1345-1348); thus, there are set out and debated the conditions of existence of this source of obligations and the admissibility of the action de in rem verso. The author’s approach continues with addressing the unjust enrichment effects and the specific rules applicable to restitutions on this basis. Eventually, it is argued that this autonomous source of obligations is theoretically and philosophically based upon the idea or the principle of fairness. -
In this study there are analyzed the issues raised by the conclusion and performance of the electronic contracts, also having in view that the cyberspace where they are located has no borders. There are examined, by turns, the regulation of the electronic contract (1); the notion of electronic contract, the notion of electronic means, the classification of electronic contracts (2); the formation of the electronic contract (3); the proof of electronic contract (4); the delocalisation of the electronic contract and its significance for the international trade law (5).
