-
The development of the regulations in the matter of the consumer protection has contributed significantly to the reconstruction of traditional tort institution, providing a new focus on the fundamentals of such liability, by revaluing its functions and establishing a new coherence. The flaw in the product has been reported to the lack of security that a person can legitimately expect, given the circumstances of the presentation and use at the time of the product release. The breach of the security obligation entails the civil liability for damages to all persons who contributed to a defective product to be acquired by the consumer, from the manufacturer up to the distributor. Within these coordinates, in its study the authors examine the specificity of this civil obligation under the assumption of liability for defective products, in terms of European law regulations, and of the domestic law. -
In the study, the author makes an analysis of the preventive measures applicable to the individual in the system of the new Criminal Procedure Code adopted in Romania. The general conditions to be fulfilled for taking all preventive measures, the particular conditions specific to each measure, the grounds and the procedure to be followed for the determination of such measures, are detailed. The emphasis is laid on the house arrest, an institution that has a new nature in the Romanian criminal procedural legislation, but we pay attention to the manner in which the detention, the preventive arrest, the judicial review and the judicial review on bail. The author makes a number of proposals to improve the legislation in the matter, for those situations in which it considers them to be necessary.
-
On the occasion of the modification of the claims regarding the establishment of a seizure, the judge of the cause of action should examine to what extent, from the psychological and legal point of view, the active involvement of the creditor – most often the single litigant who knows the existence of the file – prejudices certain fundamental principles of the civil trial such as the principle of the equality of arms or the principle of contradictoriality. The simple record of the presence of the party, in the absence of the other party, is sufficient to affect, by itself, these cardinal ordinances of the civil trial. The principle of availability cannot justify a proportional reduction in the amount of the bail in relation to the reduction of the sum to the amount to which the establishment of the seizure is required; otherwise, it would create an insurmountable “obstacle” in the path of the debtor which, “exposing” the abusive approach of the creditor subsequently, would be obliged to have its fill of an inappropriate bail of the suffered prejudice.
-
This study aims to develop concepts already outlined in the doctrine, but in the light of the modern law on self-defence and exceeding its limits, containing transitional issues in relation to the new Criminal Code, accompanied by the case law up to date and reasonable own notes, while emphasizing the theoretical and practical controversies encountered. The article is prepared in an analytical style, the author reveals the key aspects regarding certain particularities and difficulties arising from the combination of the letter of the law with its enforcement. In addition to the aforementioned aspects, certain elements related to the comparative law are present, and the provisions of the (European) Convention for the Protection of Human Rights and Fundamental Freedoms concerning self-defence, as well as de lege ferenda proposals. -
In this article, the author makes some observations about the documents necessary to carry out the real estate publicity formalities as a result of the division of a company. The non-unitary practice of courts and offices of cadastre and land registration in respect of the documents which require to be authenticated for validity and tabulation purposes lead to a non-unitary notarial practice, as well. Dissenting opinions appearing on the transfer of ownership basis and on the time of this transfer, lead to different views on the legal nature of notarial documents processed, which is reflected finally in the taxation field. This study supports the contractual nature of a division, and the manifestations of the final will are expressed, in principle, by the decisions of the general meetings of the companies involved in the division, by which they approve the terms of the transaction. That is, in the author’s opinion, in case of the transfer of real property right, these decisions require to be authenticated.
-
This study presents the specific elements of the security obligation, having as benchmarks the scope, the legal nature and the fundamentals of the civil repair liability and preventive, anticipatory liability based on the precautionary principle. The stated conclusions try to define this obligation, thus providing a useful approach to the legal action of the creditor regarding the debtor’s liability for infringement of that obligation.
-
This paper aims to address some issues encountered in the control/audit activity that the Romanian Court of Accounts performs on public authorities and institutions, which aims the disputes arising from breaching by them of the provisions of Law no. 544/2001 on free access to public information. The law provides, in art. 22, that the person who considers himself injured in his rights may appeal to the legal administrative department in whose territorial jurisdiction is residing or the authority or public institution is situated, and the court may require the defendant authority to provide the requested information and pay moral and/or property damages. The defendant in this litigation is the territorial administrative unit (village, town, city, county), and the obligation to pay any compensation falls to it.
-
The role of the notary public is very important in today’s society. Notary services must be performed in good faith, conscientiously and in compliance with all incidental legal norms. Moreover, the assessment made by the Constitutional Court that notaries public are public officials imposes a more rigorous selection on objective criteria, after some tests that may be organized at national level, also given the invalidation cases of locally organized competitions1. However, the notary public profession requires careful attention on behalf of the national guardianship authority in overseeing their careers, so that sanctions are to be imposed to those less prepared, or having reputation problems or incursions into committing criminal acts, and thus the Romanian notary system to be more reliable and increase its quality. -
Extensive confiscation safety measure has a narrow enforcement scope, as it can be ordered only for the crimes expressly provided by law. On the other hand, extended confiscation can cover only property or the equivalent thereof, obtained by the convicted person whilst committing, in a specified time period, other crimes for which the law provides for such safety measures. Prerequisite to be met for the enforcement of extended confiscation is the existence of an obvious disproportion between income earned lawfully by the person convicted and the value of goods obtained through criminal activity for which the law provides for this safety measure.
-
The above entitled study concerns the analysis of the Romanian Civil Code current provisions relating to the “Preciput Clause”; the said provisions are inspired mainly from the corresponding regulations of the 1804 French Civil Code. Specifically, it examined the Preciput Clause in terms of its legal nature, beneficiaries, objectives and execution hereof. Also, existence of improvable aspects in regulating this Romanian legal system unique legal institution has been reported and, consequently, certain de lege ferenda proposals were grounded.
-
In the study hereunder, the author undertakes an analysis of Article 16 para. (1) of Law No. 554/2004 on administrative litigation (text entitled “Introducing the civil servant in the case”), statutory provision that reads as follows: “The legal demands under this law may be filed also personally against the person who assisted in the development, issuance or execution of the document or, where appropriate, who is held liable for failure to settle the demand relating to a subjective right or a legitimate interest, should there be claimed payment of compensation for damages or delay. Should the action be granted, the person concerned may be ordered to pay damages, jointly with the defendant public authority”. -
Departing from the constitutional basis underlying the relations between the Constitutional Court of Romania and the European Court of Human Rights, this study examines the judicial dialogue between the two courts and the effects thereof. The conclusion of this study, based on numerous examples from case-law, is that the dialogue between the constitutional judge and the European Judge serves to develop common standards for the protection of fundamental rights, as well as to enriching those existing at national level, with effects in terms of law-making and law-enforcement.
