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The article analyzes the jurisdiction of the Romanian court to settle the divorce application in case of spouses, Romanian citizens, who do no longer reside on the Romanian territory. The problems are analyzed in relation to the Community regulations directly applicable in the Member States of the European Union, as well as to the provisions of the Civil Procedure Code in this matter. -
The study is devoted to the analysis of the legal provisions on the civil liability for disregarding the copyrights, the rights related to copyrights and the sui-generis rights of the creators of databases. Specifically, there are discussed aspects such as: the basis of the matter, the nature of the infringed rights, the engagement of the civil liability (the nature of the legal actions regulated by Article 139 of the Law No 8/1996, the promotion of these actions, the jurisdiction to settle the litigations, setting of the damages, the provision of information and the provisional measures). The idea of the study starts, especially, from the little consideration given to the subject in the Romanian doctrine in the field of legal protection of the intellectual creation and in the numerous existing normative problems in the matter.
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The article presents the itinerary covered since the entry into force of the new Civil Procedure Code (15 February 2013) by the manner in which it has been regulated the execution of the arbitral judgment. Initially, the arbitral judgment had to be invested with executory formula for the purpose of being enforced. By the Law No 76/2012 for the implementation of the new Civil Procedure Code it has been eliminated the formality of investing the arbitral judgment with executory formula, which corresponds to the imperative to accelerate the enforcement of such judgments. In our opinion, the Law No 138/2014 amending and supplementing the new Civil Procedure Code has reintroduced, however criticizably, the procedure of investment with executory formula of the arbitral judgment, in view of enforcement. The author’s conclusion is that the legislator should have kept the elimination of the procedure of investment with executory formula of the arbitral judgment, thereby contributing to the simplification and the encouragement to resort to the arbitration procedure.
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The theme of this study concerns the distinction between the source of fiscal obligations (chargeable event of the tax base), on the one hand, and the individualization of these obligations through various fiscal administrative acts, issued for the application of the legal rules of tax law, on the other hand. In this regard, the author considers both the current Fiscal Procedure Code (the Government Ordinance No 92/2003, in force until 31 December 2015) and the new Fiscal Procedure Code (the Law No 207/2015), which expressly repeals the current Fiscal Procedure Code and shall enter into force on 1 January 2016. The author’s conclusion is that the source of the fiscal obligations is not the law itself, but the legal act, licit or illicit, which gives rise to the fiscal obligatory relation under the terms provided by law and materialized in the individual acts of application of law.
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In this study the authors criticize the case law of some courts by which it is ordered „the restoration of the previous situation”, in case a person acquires an asset (by committing an offence) and subsequently alienates it to a third party in good faith. The situation presented is justified, according to the authors, by the idea that, if the solution suggested is not accepted, an uncertainty and an instability will be created in the civil circuit, which are likely to lead to the infringement of the property right or of the mortgage right. Moreover, in the matter of real rights on buildings, uncertainty would be reached even in respect of the buildings recorded in the land book, thus infringing the provisions of Article 900 (1) of the new Civil Code, a text that establishes that „if a real right has been recorded in the land book for the benefit of a person, it will be presumed that the right exists for the benefit of such person”.
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After the entry into force of the new Civil Procedure Code and of the new Criminal Procedure Code, the problem of the judicial institution of the liability of the State and of the magistrates for the prejudices caused by judicial errors still remains controversial and unclarified, further generating doctrinaire and jurisprudential controversies. In this context, this study intends, in relation to the current legal context, to make an analysis of a few controversial problems regarding the liability of the State and of the magistrates for the prejudices caused by judicial errors, aiming, in particular, at the forms of liability of the magistrates, the legal nature of the labour relation of the magistrates, the legal nature of the liability of the State for the prejudices caused by judicial errors, the procedure of engaging the liability of the State and the action for regress brought by the state against magistrates.
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In this article, the author argues that the offences of deprivation of liberty and outrage committed against the criminal prosecution bodies on the occasion of finding a flagrant offence of corruption have prejudiced the public confidence in the possibilities of the competent authorities to combat such forms of criminal illicitness, the climate of public order and peace being also affected and the impact in the media being significant. It is clearly reflected from the contents of the publicized facts a shade of hilarity on the criminal prosecution bodies, an aspect that generates feelings of insecurity among the public, the comments made by readers of the online media being also made in this respect. Considering these aspects, the author initiates some discussions on the mentioned case, by presenting data about the legal proceedings, the duration thereof, the pronounced solutions, the factual situation, the means of evidence and others.
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As part of the legal culture, the judicial culture is particularly important in the activity of elaboration, interpretation and application of law, for the achievement of the values of the state of law. While the legal culture concerns the law configuration factors, the judicial culture expresses the aspects of the context of its application, having the administration of justice in its centre. The national traditions, the particularities of the positive law, a certain way of producing truth, the popular representation of justice and the flow of information and the legal ideas play important roles in crystallizing the content of the judicial culture and in expressing its specificity. Distinguishing between the internal judicial culture (including the attitudes, judgments, perceptions, values, etc. common to a group of law professionals) and the external judicial culture (expressed in the perceptions and in the imaginary of the society about justice), the author examines the content of the concept and analyzes its constitutive elements. The traditions, the forms of expression and the prospects of development of the Romanian judicial culture are analyzed from this general perspective.
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Furt calificat. Obiect material, bun mobil aparținând patrimoniului cultural național. Sit arheologic și zone cu patrimoniu arheologic protejat. Aplicarea legii penale mai favorabile. Grup infracțional organizat Faptele inculpaților de a constitui un grup infracțional organizat, urmate de comiterea unor detecții neautorizate într-un sit arheologic protejat, aparținând patrimoniului cultural național, și sustragerea de artefacte arheologice mobile întrunesc elementele infracțiunilor de: constituire a unui grup infracțional organizat, prevăzută în art. 367 alin. (1) C.pen., accesul cu detectoare de metale și utilizarea lor în zonele cu patrimoniu arheologic, fără autorizarea prealabilă, prevăzută în art. 26 alin. (1) din Ordonanța Guvernului nr. 43/2000 privind protecția patrimoniului arheologic și declararea unor situri arheologice ca zone de interes național, republicată, și furt calificat asupra unui bun care face parte din patrimoniul cultural, prevăzută în art. 228, 229 alin. (2) lit. a) C.pen., cu aplicarea art. 5 C.pen.
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Dreptul european al achizițiilor publice reprezintă una dintre materiile cele mai armonizate din dreptul Uniunii1, atât din perspectiva normelor substanțiale, cât și a celor procedurale (căile de atac împotriva deciziilor autorităților contractante)2
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The author examines the problems of Article 267 of the Treaty on the Functioning of the European Union (in reference to the jurisdiction of the Court of Justice of the European Union to give preliminary rulings). The analysis, starting from brief theoretical considerations, grounds the author’s conclusions on the presentation of a vast case law of the Court of Justice of the European Union in Luxembourg in the matter.
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În ipoteza unei promisiuni bilaterale de vânzare-cumpărare, respectiv a unui act juridic prin care părțile se obligă să încheie în viitor un contract de vânzarecumpărare, acțiunea prin care beneficiarul promisiunii îi solicită instanței să pronunțe o hotărâre care să țină loc de act autentic de vânzare-cumpărare este supusă termenului general de prescripție extinctivă, chiar dacă bunul la care se referă convenția părților este un imobil, deoarece obiectul antecontractului nu este bunul imobil, ci obligația de a face, a cărei executare poate fi solicitată doar în cadrul termenului de prescripție extinctivă. (Înalta Curte de Casație și Justiție, Secția I civilă, Decizia nr. 3447 din 4 decembrie 2014)
