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The idea of this study has been inspired by obviously modest doctrinaire concerns in connection with the analysis of the legal regulations dedicated to the legal protection of „databases”. In fact, in the specialized literature, as a rule, the approaches usually do not exceed the level of reproduction of the regulations in the field or the subject is simply avoided. Probably this situation is determined, mostly, by the redundant style of wording the provisions of Articles 1221–1224 of the Law No 8/1996 on copyright and neighbouring rights and the provisions of Directive No 96/9/EC of the European Parliament and of the Council on the legal protection of databases. This normative situation should represent the spring of some normative doctrinaire measures deeply studied and it should by no means demobilize the analysis of the problems in the matter. -
The study is devoted to the systematic analysis of the provisions of the Law No 8/1996 on copyright and neighbouring rights devoted to the legal status of the computer programs. The analysis is also carried out by considering the internal regulations in relation to those of the Directive of the Council of the European Communities No 91/250/EEC on the legal protection of the computer programs. Specifically, the object of the analysis covers aspects such as: the definition of the computer programs; their legal nature; the elements of the computer programs subject to legal protection and those that elude this protection; the copyright holders in case of computer programs; the rights resulting from the creation of the computer programs; the capitalization of patrimonial rights in the case of computer programs. -
Further to the steps taken by the author in order to contribute to the study of the regulations in the field of legal protection of the „intellectual creation”, this study is devoted to the analysis of the definition, the substantive conditions and the reasons for refusal or for cancellation of the registration of the trade mark, especially in relation to the provisions of the Law No 84/1998 on trademarks and geographical indications and of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks. Where it has been necessary, de lege ferenda proposals have been grounded in order to improve the regulations devoted to the discussed aspects. -
Hungarian Police control the international transportation of passengers and goods passing through border crossing points according to various international treaties and contracts as well as the relevant Hungarian statutory instruments in force. According to these, personal, cargo and vehicle documents are checked. The proceedings and sanctions to be taken against those breaching international transportation regulations are defined in the legislation in force. Within the framework of the Road Transport Act1 there is the possibility of imposing a fine on the spot and impounding the vehicle until the fine is paid. In addition in the case of a vehicle containing livestock or perishable goods, the vehicle will be allowed to proceed following this check, but proceedings will be started against, and a fine will be imposed in the absence of the perpetrator. -
For the Romanian legal system, the case law does not have the quality of formal source of law. Nevertheless, the legal reality, also seen from a historical perspective, has demonstrated the essential role of the judicial practice in interpreting and enforcing the law, in constructing the argumentative practices, in clarifying the will of the legislator, and in discovering less obvious meanings of the legal norms, and last but not least to the unification of legal thinking and practice. Therefore the case law, together with the doctrine, is an important component of the Romanian legal system. Staring from these considerations, in this study we aim to emphasize a few aspects of constitutional case law. We are underlining its contribution to the emergence of the constitutionality control of laws in Romania. Under the influence of the Constitution of 1866, which did not regulate such a control in an institutional manner, the courts have assumed this competence by interpreting the law and by jurisprudential way. There are also presented and analyzed important contributions of the case law of the Constitutional Court, but also of the judiciary courts to the development of constitutionality control in our country. We support the idea that the case law currently plays an important role in the interpretation of the constitutional norms, including in terms of deepening the forms of constitutional control. -
In this study, the author proves that the owners’ association does not have the legal capacity to acquire land intended to be used by the association members as parking lots or for ensuring access to the building where the individual dwellings of the members are situated. In this respect, it is claimed that the legal documents for the acquisition of such land by the association are subject to absolute nullity, since they infringe the principle of specialty of the legal entity’s usage capacity, established by art. 34, parag. 1 of Decree no. 31/1954 regarding individuals and legal entities. Consequently, it is concluded that the use of land having the above-mentioned destinations may be acquired by the owners in a condominium only by legal documents concluded in their own names. -
This study is designed to examine, in the detail, the issue of the administrator liability for the fraud committed against the company. The author have been trying to propose solutions for a series of problems regarding the definition of the expression „fraud against the company”; the discrimination between the fraud and the power abuse, as well as the relation between the sanctions for the exclusion and revoking of the associate administrator, namely when his exclusion applies and when his revoking applies. -
As by Article 24 of the Law No 140/2022 the legislator imposed on the National Authority for the Protection of the Rights of Persons with Disabilities and the Superior Council of the Magistracy obligations aimed at assessing the impact of this normative act, accompanied by possible proposals for its improvement, it is obvious that the legislator itself did not exclude that his legislative work does not constitute the masterpiece in the field. In this context, the present approach is intended to continue to emphasize, by the doctrine, some shortcomings of the Law No 140/2022 and to already propose a genuine reform in the matter. In the spirit of respecting the right to dignity of the persons with severe intellectual and psychosocial disabilities, a right that requires that a person who has acquired by law a full capacity of exercise should not be subjected to the degrading treatment of losing, totally or partially, this capacity, in the following we propose to be introduced, in the matter of capacity of exercise, the institutions of assisted capacity of exercise and of supervised capacity of exercise. Consequently, it required either the replacement of the institution of guardianship with the existing one, that of the personal assistant, as the case may be, of the professional personal assistant, or a specialization in the matter of guardianship, for such persons, of the sort of administrative guardianship. -
The judicial practice in the matter of representation, including in that of the Supreme Court, reveals difficulties in interpreting Article 84 (1) of the Civil Procedure Code. A poor interpretation thereof, by ignoring ratio legis, creates a gap for the illegal practice of the specialized legal professions. In the same context, it is necessary to distinguish between the plea of lack of evidence of the quality of representative and that of illegal representation, and the latter must be preceded by the plea on the nullity of the contract from which the judicial mandate arises. -
Pursuant to Article 914 of the new (Romanian) Civil Code „The owner of the estate recorded in the land register may request at any time the amendment of the mentions in the land register concerning the description, the destination or its surface, according to the law.” In reference to this text, in the case-law there is a controversy, whether, in the first instance, the jurisdiction ratione materiae lies with the court of first instance or with the tribunal. After examining this issue, the author comes to the conclusion that, de lege lata, presently the jurisdiction lies with the tribunal, according to the rule included in this Article 95 point 1 of the new Civil Procedure Code. Likewise, de lege ferenda, the author proposes that such cases fall within the jurisdiction of the court of first instance, having regard to their nature and their reduced complexity. -
In this study, the author, solving a controversy (generated by the imperfection of the relevant regulatory acts) reaches the conclusion (based on a rational interpretation) that the prefect has the legal competence to exert the administrative guardianship control also on the decisions issued by the president of the county council, whether or not the latter is considered as an authority of the local public administration.
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A special normative act [the Government Emergency Ordinance No 109/2011 on the corporate governance of public undertakings (the autonomous regies established by the State or by an administrative-territorial unit, the national firms and companies, the companies in which the State or an administrative-territorial unit is a sole or majority shareholder etc.)] shall also regulate, as an exception, the situation where such a public undertaking is organized as a joint-stock companies with a sole shareholder. Whereas the legal regulation on such companies is incomplete, the author examines, in this study, a series of legal problems generated by the existence and functioning of such companies.
