The additional acts do not enjoy a legal definition in the labour legislation, although some legal texts make reference thereto or the necessity of their conclusion results from the interpretation of the legal provisions. At the same time, the conclusion of the additional act to the individual labour contract is frequently used in practice. Among the measures to make the labour relations more flexible is the temporary change of the workplace at the domicile of the employee, in which situation there must be concluded an additional act to the individual labour contract. It is necessary de lege ferenda to enshrine a legal definition of the additional act in the Labour Code.

Intimately linked to the concept of sustainable development, the theory that future generations are the subject of law has aroused lively discussions at doctrinal level, at home and abroad. There are also international conferences: e.g. the Stockholm Conference of 1972, which for the first time warned of the future of humanity itself, as a result of environmental deterioration, following human activities; The Brundtland report of the World Commission for Environment and Development appeared in 1987, entitled „our common future”. The EU’s interest, in which Romania is a member state, in sustainable development has grown in parallel with the United Nations initiative for this concept and has resulted in a number of environmental action programs and strategies that have led to the development of numerous acts to translate them into practice, because everything has become or must became „sustainable” – economy, transport, industry, energy, consumption, agriculture.

In this article, we intend to present, first of all, the particularities of the on-the-spot investigation, and then to deal with the way of drawing up a report, regarding those found on the spot and the importance of such evidence for solving cases. Also, depending on the discussions held, in our presentation, we will examine the themes raised by applying Articles 345–347 of the Civil Procedure Code; the situations in which the court, which travels on the spot, cannot conclude the investigation on the appointed day; the issue of the rogatory commission and the manner of drawing up the minutes. Current probation law provides the on-the-spot investigation with the conduct of operations and findings to be recorded in a report, which also shows the presence or absence of the parties. We appreciate that, for a fair trial, the deadlines for which the judge goes to that place on the second or even the third day must be mentioned. Although it is not a legal provision for the on-the-spot investigation by the letter rogatory, there are requests, according to the rules of common law, by which the courts support each other, to establish the truth accurately. Because the on-the-spot investigation is direct evidence of the facts, the minutes must be drawn up meticulously during on-the-spot investigations. In our analysis we also turn to generically related information, which cannot be a means of probation allowed by our system.

Transferul dreptului de proprietate sau legătura contractuală dintre cedent și cesionar nu reprezintă condiții sine qua non pentru existența transferului de întreprindere în accepțiunea Directivei 2001/23/CE astfel cum a fost interpretată prin hotărârile Curții de Justiție a Uniunii Europene și, deși prevăzute de dreptul intern, nu își pot produce efectele în contra scopului directivei, prin restrângerea domeniului de aplicare.

The concepts with which the theory of law operates are far from being the result of some philosophical speculations, without any connection with the concrete relations of the social life. Although eminently deductive, the science of law, as a whole, does not operate only deductively, without reference to facts, data of reality. In last analysis, the theoretical constructions formulated by the science of law (or legal sociology) are the result of a succession of inductive and deductive steps. A good knowledge, explanation and interpretation of law (of the legal phenomenon, more broadly) requires an appropriate methodology, based on which to achieve a scientific understanding of the mechanism of the social action of law, its functions, essence, content and form. In the conditions of the current scientific and technological evolution, there are happening profound transformations – of structure, of method, of vision – which determine that also the scientific research go through a fruitful mutation. From this methodological perspective, the author aims to address some essential aspects of the structure of law.

The present scientific approach has as object the notarial activity and its development between the medieval moment of the imperial or papal authorisations and the era of artificial intelligence. Thus, the author approaches the role of the medieval notary in Transylvania, emphasizing the procedural or substantial aspects of notarial documents, presents the graphic elements of their notarial seals, but also succeeds in analyzing from the same perspectives the activities of the contemporary notary, the impact of new technologies and of the digitalization on this activity.

An attack on a moral right must attain a certain level of seriousness in order to attract the application of a sanction. When the exercise of a moral right, freedom of expression especially, interfere with the exercise of some other moral rights, in order to determine if the right was exercised with intention to harm or excessive and unreasonable, a fair balance exercise between two values which may come into conflict must be carried out under the proportionality test: if there is a public or private interest to justify the attain to the moral right of another person. In these cases, harmful events can occur even without author guilt. The application of national provisions which protects specific moral rights should not be used solely to determine whether or not there is a violation of the rights of personality, to determine whether or not the conditions of general tort law are fulfilled. The new national provisions can be useful to determine the proportionality of the sanction, and even for establishing non-material remedies when the specific conditions of general tort law are not fulfilled. There is a relationship of complementarity, maybe even subsidiarity between general tort law and the specific remedies of civil moral rights stipulated in the Civil Code. Conceptualizing moral rights regime by enactment of statutory moral rights as „civil subjective rights” with specific remedies aims to achieve a better moral rights protection. Essentially general tort law does not deny specific protection concided by personality moral rights.

Potrivit prevederilor art. 1345 C.civ., „cel care, în mod neimputabil, s-a îmbogățit fără justă cauză în detrimentul altuia este obligat la restituire, în măsura pierderii patrimoniale suferite de cealaltă persoană, dar fără a fi ținut dincolo de limita propriei sale îmbogățiri”

The article, a continuation of the study with the same title published in the previous issue of „Dreptul” magazine, presents in detail the minority point of view expressed within the civil procedure collective of the Faculty of Law of the West University from Timișoara, according to which the object of the incidental or provoked appeal/review may be the grounds or the solutions contained in the judgment of the court and in the preliminary conclusions, whether they have been challenged or not by means of the main appeal/review

La data de 1 martie 2020, Parchetul de pe lângă Judecătoria X a solicitat a se dispune înlocuirea măsurii preventive a controlului judiciar cu măsura arestării preventive față de inculpat, ca urmare a incidenței în cauză a dispozițiilor art. 215 alin. (7) C.pr.pen

The labour law – a branch and science of the Romanian law system – has come a long way to the present days, when it fully manifests its specificity and autonomy that characterizes it. The doctrine evokes a „labour contract” concluded according to rules of the Roman law. In the Middle Ages, the Romanian principalities did not know regulations regarding legal labour relations. It was only in the Civil Code of 1864 that there were established specific regulations of some civil contracts which included some elements of some labour relations. The appearance and development of the industry determined, at the end of the 19th century and the beginning of the 20th century, the adoption of some legal norms aimed at the protection of workers. The labour legislation was invigorated due to the rules of the International Labour Organization, established in 1919. Our country, as a founding member, has ratified the essential conventions of this organization in the interwar period, but also later, to the present days. About a labour law, distinct, autonomous in Romania, one can speak only after the entry into force of the Labour Code of 1950. The development of the Romanian society, its economic and social level have also determined the evolution of the labour legislation and of the labour law, as it will be shown in the elaborated study.

The recordings made by technical means have not constituted, at least in civil matters, ever since the appearance of the devices that made them possible, an admissible evidence, not being regulated as such by the legislator in the past. In the new regulations, starting with the Law No 217/2003, including in the new Civil Procedure Code, in the conditions of the extended use of electronic means, both in the institutional framework and in the private life, the daily realities have imposed the use of the recordings with technical means as evidence. However, by operating a generalization, the possibility that the data of any kind to be fixed on a computer-based media has led to the penetration of this kind of probation both in the evidence with written documents, in the form of computer-based written documents, and in that of material means of evidence. The inclusion of the recordings, generically speaking, also in the category of material means of evidence generates problems both in terms of identifying their legal nature, with implications on their administration and storage regime, and in terms of establishing their admissibility conditions. The latter also raise the question of establishing the extent of the probationary area related thereto, respectively whether it should be restricted only to proving those legal relations which the facts of legal relevance involve, as well as which categories among these fall within the scope of circumstances likely to be proved in this way.

The article addresses the problems concerning the crime of child pornography, in general, but it also includes some special emphasis on the legal implications which the conduct of the minor who makes pornographic materials with his own person, without being coerced by another person, might have. The analysis is one based on arguments from the specialized literature, but also on solutions from the judicial practice. In particular, the author proposes the recognition of existence, in the case of the crime of child pornography, in all its forms, of a special main legal object aiming at the need to respect the public order and peace, and, in particular, of a secondary object formed of the social relations referring to the protection of minors and of t he social relations whose proper development is conditioned by defending the public morality. With regard to the special issue caused by the minor’s act of producing, storing, possessing or distributing strictly in private pornographic materials of himself, the author rightfully considers that this act should not be subject to criminal liability, but rather to the psychological counselling of the minor with regard to the implications of the beginning and the development of the sexual life and, respectively, of the consequences that such deeds may have on the normal sexual development of the child.

Orice persoană poate solicita constatarea nulității absolute a unui act, dacă justifică un interes, or în cauza de față scopul urmărit de reclamant, prin constatarea nulității absolute a hotărârii comisiei județene de fond funciar, este acela de a include în sfera sa de administrare suprafața de teren menționată în actul a cărui anulare se solicită.

The authors of this article, starting from a case, approach the new regulation of the novation contract by changing the debtor, analyzing some legal limits of this type of contract, in the hypotheses in which, the new debtor – legal entity – takes over a debt free of charge. In this sense, highlighting the limits provided by the Constitution, the Civil Code, the Law on companies No 31/1990 1 , Criminal Code, Law on the procedures for preventing insolvency and for insolvency No 85/2014 2 , conclude that the novation contract by changing the debtor and taking over free of charge the debt of the old debtor by a legal entity third party is prohibited by several mandatory provisions of the Civil Code, the Law on companies No 31/1990, the Criminal Code and the Law on the procedures for preventing insolvency and for insolvency 85/2014. To admit otherwise means to accept the enrichment of the old debtor without just cause, to favour the administrators of the old debtor to evade the responsibility for being brought into insolvency or state of default, as well as the prejudice of the new debtor’s associates, his creditors, etc.

On 2 November 2020, it was published in the Official Journal of Romania, Part I, No 1019, the Law No 228/2020 for the amendment and completion of some normative acts in the criminal field in order to transpose some directives of the European Union (hereinafter, the Law No 228/2020), an act that modifies and completes both Law No 286/2009 regarding the Criminal Code and Law No 135/2010 on the Code of Criminal Procedure. Among the changes made by the legislator in the Criminal Code is the introduction of the extended confiscation in the case of third parties (which I will generically call „third party acquirers”) so that, taking into account this newly introduced hypothesis, this study aims, in a first stage, to address the issue, starting from the evolution of the institution of extended confiscation from the perspective of the european and national legislative framework, then continuing with a brief analysis of the changes made by Law No 228/2020. Finally, the article examines the possibility of ordering the extended confiscation security measure in the case of third parties in relation to the relevant doctrine and jurisprudence in this matter. In a second stage, the present study aims to examine from a procedural perspective the guarantees imposed by Directive (EU) 2014/42 and which the Romanian legislator, in order to respect the right to a fair trial, provides to the third party acquirer during the criminal proceedings, with a closer look at the existence of an effective remedy for the decisions of the courts of appeal which order for the first time the measure of extended confiscation. Also, this part analyzes the possible quality that the acquiring third party has during the criminal process. Finally, before drawing conclusions on those analyzed, it will also be shown how the other Member States have provided/transposed into their national legislation the particular hypothesis of extended confiscation in the case of third parties.

The abuse of petitions committed by the natural persons is the most common form of abuse of law as the elements necessary to qualify a right as being abusively exercised, namely the subjective element (bad faith) and the objective element (diversion of the right from the purpose, economic and social finality or overcoming the internal limits of the law) presuppose a conduct of the holder of the right related to his mental ability to understand the meaning of the deed, to discern between what is good or bad, legal and illegal. This study analyzes the forms of abuse of right committed by persons deprived of liberty both at the level of courts of law and at the level of the offices of supervisory judges, as well as the psychic attitude of the subject towards the possibility of realizing the right in contradiction with its destination and purpose, and towards the consequences that may represent damages to the person, society or state. Even if the persons deprived of liberty constitute a vulnerable category of persons, the recognition of the right of access to justice, to petition, as well as of the possibility to use them at any time, as an application of the constitutional principle of equality of all persons before the law, does not confer them also the right to exercise them excessively, in a word, to abuse of them.

The behaviour of a free and conscious man is the result of his will, which is guided by a reasonable intentionality that gives it meaning. In the absence of a purpose, any action becomes chaotic, accidental and raises questions about the mental health of the person who takes action 1 . We find that the fourth essential condition, a substantive one, necessary for the valid existence of the sales contract is the cause. According to the rules of common law, in matters of legal acts, the cause is the determining reason for the consent expr essed when concluding the legal act. The obligation without cause or with an illicit or false cause cannot have any effect.