-
This study provides a detailed and systemic analysis of the provisions of Article 358 of the Civil Code referring to the partition of common assets jointly owned by the spouses during the community matrimonial regimes. More specifically, it is analysed the possibility to extend the provisions of Article 358 of the Civil Code also over the partition of per-shares common assets of spouses, as well as the applicability of the provisions of Articles 669–686 of the Civil Code within this partition. Likewise, there are distinguished the elements of continuity and those of novelty of the present regulation, referring to the partition of jointly owned common assets during the community matrimonial regimes, in relation to the regulation previously established by Article 36 (2) of the Family Code. Finally, there are expressed some critical opinions in connection with the provisions of Article 36 of the Law No 71/2011 implementing the Law No 287/2009 on the Civil Code referring to the application in time of the provisions of Article 358 of the Civil Code. -
The person entitled to succession is the person that has the freedom to choose between the acquiring of the title of heir, by accepting the succession, and the denial of such quality, by waiver. The two sides of the successoral option – acceptance of inheritance and waiver of inheritance – both in their sense of subjective rights and in the sense of legal acts must be appreciated and understood in correlation with other notions and institutions, in the first place of the law of succession, and also belonging to other matters of civil law. In this context, there are presented some aspects of regulating the successoral option, which have been interpreted otherwise by doctrine or which have the potential for controversy, among others, as a result of shortcomings in phrasing of some texts of the Civil Code or by failing to observe some relationships they have, as mentioned above, with other legal notions and institutions.
-
This study focuses on the analysis of a rule of incrimination included in Article 190 of the new Criminal Code of Romania and entitled „killing at the victim’s request”. Naturally, the monographic research of this rule is set within the broader framework of the phenomenon of euthanasia, a phenomenon often subject to heated controversies in the criminal legal doctrine and that receives differentiated approaches brought by the multidisciplinary perspective they generate.
-
One of the constant elements of the civil procedural institutions is the classification of the nullities of the civil procedure acts into two categories: absolute nullities and relative nullities. This dichotomy involves an essentially different legal treatment applicable to them. However, in many situations, nullities of the civil procedural acts depart, in some aspects, from the „classic” rules involved by this classification. The author of this study refers to such nullities as „atypical nullities”.
-
The penal clause originates in the principle of contractual freedom. According to this principle, the parties are free to conclude any contracts and to determine their contents, within the limits imposed by the law, the public order and the morality (Article 1169 of the new Civil Code). This study examines the penal clause from a historical perspective, starting from the Roman law, continuing with the French canon law, the Civil Code of 1864, and then reaching to the new Civil Code, as well as the definition of the penal clause, the object, the advantages and the disadvantages of including the penal clause into contracts. The study also makes an analysis of the penal clause in comparison to other institutions of civil law, by emphasizing the similarities and the differences.
-
The article deals with the arbitrability of disputes arising in connection with intellectual property rights. The author analyzes and proposes possible solutions, given the arguments in favour and against the arbitrability of such disputes, based on the interpretation of the relevant provisions contained in the new Civil Procedure Code and in the special legislation edicted in matters of intellectual property rights. The last part of the study comprises a comparative analysis of the possible solutions adopted in the matter of arbitrability of these disputes in some European countries, in the United States of America and in Canada.
-
Under European law, EU directives and the problems of their transposition into national law are an issue that reflects the complex nature of the relationship between EU’s power to issue regulations and Member States’ tasks in deciding the optimal form of application of these rules internally. This paper presents the experience of Romania, one of the new Member States which joined the EU in 2007, with regard to the transposition into national system of the European directives as a means to illustrate the dynamics of the relationship between the European Union and the Member States.
-
In this study the author brings once again to our attention an older idea which, unfortunately, still remains ambiguous, namely the existence of a legal science. In this paper law is approached as doctrine, science and case-law, the author attempting and succeeding in capturing its role in society, as well as its quality of authentic science.
-
Criminal regulations are lacunary as regards the punishment of the actions of some persons to determine, by corruption or by other means, ordered assassinations or other serious offences, although their activity is extremely dangerous, taking into account the fact that, sometimes, the victims escape only owing to the benevolence of those instigated, which, in some cases, even denounce the instigators.
-
From the Decision No 42/2008 of the High Court of Cassation and Justice, United Sections, it emerges the rule cancellation excludes revocation in respect of which, given the finality of decisions in the interest of law to ensure a unitary practice, it must be admitted that the applicability is wider than the hypothesis that has generated it. -
This paper intends to contribute to the reform of the Romanian legislation for preventing and combating terrorism. For this purpose, the author examines briefly three aspects. First, it refers to the meaning of the term „terrorism”. Secondly, it analyzes the reason that has imposed the use of the term of terrorism in international documents and, in particular, which is the purpose of the international conventions in this matter. Thirdly, there are investigated the main provisions of the Romanian legislation (Law No 535/2004 on preventing and combating terrorism), emphasizing some of its shortcomings. Finally, the paper includes some conclusions on the compliance or, where appropriate, the inconsistency between provisions stipulated in international documents and internal provisions.
-
The article aims to analyze the main aspects that characterize the procedure of concluding the plea agreements, concluded between the prosecutor and the defendant, within the proceedings before international criminal courts. The fact that these courts have taken features from both legal systems, inquisitorial and accusatorial, as well as the fact that this procedure has been implemented in a stage subsequent to the adoption of the statutes of these courts, for reasons of practical necessity, makes their experience of over 12 years in implementing this procedure particularly useful to the European continental legal systems which, in their large majority, have recently adopted the Plea Agreement procedure. These also include Romania, once the „Plea Agreement” institution has been regulated within the provisions of Articles 478–488 of the new Criminal Procedure Code, which makes the study of the case-law of the international criminal courts also useful in the Romanian judicial practice.
