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  • In this study, the author carries out a critical analysis of the provisions of articles 508-534 of the current Civil Code (Law no. 287/2009, as republished on 15 July 2011 and which came into force on the 1st of October 2011), texts which regulate „the legal obligation to support”. Essentially, the author, after emphasizing a series of new judicious and useful regulations of the above mentioned texts of the current Civil Code shows at the same time numerous deficiencies of articles 508-534 of the Civil Code which has recently become effective and which, in his opinion, involves many amendments, supplements and even abolitions of the concerned rules.
  • The author points out that article 77 of the new Criminal Code reassessed the circumstances having the ability to emphasize a high degree of social danger of the committed offence and of the offender. Thus, the scope of the circumstance relates to the perpetration of the offence by a person being in a preordinate intoxicated condition which may be generated besides the alcohol, by other psychoactive substances, whose consumption represents a breach of a legal or medical interdiction. The aggravation of the criminal liability has been waived in case the offence is committed for infamous reasons, as the content of this circumstance has never been precisely determined by the doctrine and jurisprudence. A new aggravating circumstance has been introduced consisting in the perpetration of the offence by taking advantage of the obvious vulnerable condition of the injured person due to his/her age, health condition, disability of due to some other grounds, as such a circumstance emphasizes a high level of gravity of the offence, but also a degree of increased injuriousness of the offender. Another novelty item is represented by the waiver to the category of judicial aggravating circumstances, because the imprecise manner in which they are regulated would be situated at the edge limit of the principle of the predictable nature of law.
  • The forgery of credit titles or payment instruments represents an offence prejudicing the financial stability of the monetary system. In this article, the author deals with the matter of the scope of the terms such as credit title and payment instrument, examining the concrete ways of committing the offence in the judicial practice of the courts, as well. The author states that close attention should have been paid to explain the amendment of constituent items of the offence in the explanatory statement accompanying the new Criminal Code, in order to avoid the differences related to interpretation in the matter and in the judicial practice.
  • In this study has been underlined that the right to property is a fundamental component of Human Rights, of the European and International Rights of every human being. Have been put forward the main scientific contributions in the European Culture of Human Rights and has been demonstrated in which manner the right to property is guaranteed in the European practice and in Romania after 1989. It is underlined that the normal life of every human being is not possible in the absence of those guarantees that his right to property is fully respected.
  • The author considers that article 288 paragraph (1) of the National Education Law no. 1/2011 (text according to which the didactic activities exceeding a didactic workload are remunerated for each hour worked, and for the tenured didactic staff – in the higher education system – the maximum number of paid hours in the regime of payment per hour, no matter the educational establishment where the respective hours are worked, cannot exceed the minimum didactic workload) breaches the provisions of the Constitution of Romania, even though the Constitutional Court adjudicated otherwise under the decision no. 1090/2011. The basic argument forwarded by the author is that, in case of certain similar regulations contained in the contents of certain previous similar legislative instruments (Law no. 88/1993 and Law no. 128/1997), the same Constitutional Court, according to two decisions (no. 114/1994 and no. 30/1998) ruled otherwise than it had ruled in 2011 (that is, it stated that those decisions were unconstitutional).
  • As a result of the substance amendments brought to the Labor Code (Law no. 53/2003) according to Law no. 40/2011, followed in a short period of time, by the enactment of Law no. 62/2011 of social dialogue, certain contradictions were generated between the Labor Code (as republished on 18 May 2011) and Law no. 62/2011, generating a series of controversies in the Romanian judicial doctrine. Some of these controversies are reexamined by the author of this study who, after debating them, reaches certain interesting conclusions.
  • In this study, the author analyzes the essential changes that the year 2011 has brought with respect to the dismissal of the trade union leader under Law no. 40/2011 (amending and supplementing the Labour Code), and also under Law no. 62/2011 regarding social dialogue. At the end of the analysis, the author concludes that these changes are both in accordance with the Romanian Constitution, as well as with the applicable European regulations.
  • In this study the author debates – in the light of the current Code of Civil Procedure and of the new Code of Civil Procedure, published in 2010, but not yet enacted, if in the actions regulated by Law no. 18/1991 (as republished) there must be or not be introduced, even ex officio, all the persons entitled to lodge the applications for the re-enactment of the ownership right over a certain given land fund.
  • At the crossroads of general regulations concerning both public and private property in the newly enacted Civil code, of specific rules concerning the concession of public assets or the exercise by the local public authorities of their powers relating to the administration of public and private domain of the administrative-territorial units as well as of even more specific provisions in the public-private partnership law, the legal regime of assets involved in public-private partnership projects requires detailed attention. Designing and understanding such legal structure combining old and new regulation may contribute to the sucessful application of regulations concerning public-private partnerships.
  • The value competence in the criminal matter represents a form of material competence, whose non-observance is sanctioned by absolute nullity. In this article the author describes theoretical and practical aspects of competence depending on the value criterion and carries out a comparative examination between the current and the future criminal and criminal proceedings regulation of the phrase of „very serious consequences”. Likewise, the author identifies possible solutions to unify the judicial practice, considering that the requirement of the predictable nature of law and the principle of judicial equal treatment require the establishment of the competence depending on its value by reference to the time of occurrence of the material damage due to offence and to its real value.
  • Law no. 202/2010 on certain measures to accelerate lawsuits’ settlement introduces into the Criminal Code, by art. 741 of the Criminal Code, a series of provisions in favor of the charged person or of the defendant who has committed certain economic offences and covered the damage in full, until the settlement of the cause of action in the court of the first instance. The author considers that these provisions could be construed as certain legal and real attenuating circumstances, however having a special regime, which often generates difficulties related to the interpretation and enforcement in the courts’ practice. However deemed as unconstitutional in May 2011, the provisions of the above-mentioned article are being enforced regarding the offences committed until its expiry date, pursuant to mitior lex principle.
  • The new regulation in the civil matter, as represented by Law no. 287/2009 on the Civil Code, adapts quasi-totally the institution of the acceptance of the inheritance. In this context, this study intends to examine the problem of the acceptance of the inheritance, a valence of the law on succession option, in all the matters it comprises, to reveal the novelties brought by Law no. 287/2009 in this matter and to assess their usefulness and opportunity.
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