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In this article the author raises for discussion some theoretical and practical issues referring to the judicial control and to the judicial control on bail, preventive measures which have been regulated in this form in the new Criminal Procedure Code, focusing on how they are implemented, in order to avoid some errors or confusions related to their interpretation and application. -
In this study, the author explains the concepts of: structure of the registered capital; general pledge of the creditors; registered capital; difference between the registered capital and the patrimony of the company; difference between the registered capital and the equity capital (net assets); difference between the registered capital and the value of the company, as well as the problems of the legal regime of social contributions after payments, as all of the above follow from the Law No 31/1990 (republished) on companies.
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Contractul de asistență juridică învestit cu formulă executorie, în condițiile legii, constituie titlu executoriu cu privire la restanțele din onorariu și alte cheltuieli efectuate de avocat în interesul clientului. Este nelegală executarea silită pornită pentru o sumă pe care creditoarea o apreciază ca fiind datorată cu titlu de prejudiciu pentru încălcarea obligațiilor contractuale. Creanța nu reprezintă o plată pentru o activitate profesională desfășurată de societatea de avocatură, ci o despăgubire pentru încălcarea clauzelor contractuale de către contestator, având astfel caracterul unei clauze penale. Din această perspectivă nu prezintă relevanță în ce măsură creditoarea putea desfășura activități de intermediere sportivă ori dacă putea pretinde debitorului executarea obligației garantate potrivit contractului de ipotecă mobiliară pentru o nerespectare a obligațiilor asumate în cazul unui transfer. Nu este permis ca prin convenția lor părțile să poată ca, sub denumirea de „onorariu”, să-și creeze un titlu executoriu pentru o creanță care în realitate este o despăgubire. -
The article presents the results of a research conducted in six European countries mainly on the analysis of the exceptional nature of preventive arrest within these jurisdictions. In this article there are presented the main results of the research conducted in Romania, research that was based on a series of interviews with judges, prosecutors and lawyers. The main areas investigated have concerned aspects such as the analysis of the decision-making process, the situation of the foreign citizens subject to preventive measures, the manner of application of alternative measures to preventive arrest, the analysis of the current criminal processual normative framework, as well as of the impact in the current practice of the European regulations, etc. The conclusions of the study are in the sense that in Romania there have been registered also some aspects representing progress in the sense of protection of the fundamental human rights in the cases where it is raised the question of taking some preventive measures in the criminal cases – such as the fact that the tendency, at least in terms of using the preventive arrest, is a decreasing one. However, major deficiencies have also been found, related to the organization of the initial and continuing training for magistrates, in the sense that they have been found to be unaware of judicial instruments important for their activity. It is precisely about instruments that are capable of improving the situation of foreign persons in relation to the state where it is raised the judicial matter – respectively the European Surveillance Order.
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In this study, by analyzing the legal issues of the respect due to persons also after their death, the author, after proceeding to a comparative law examination in the matter, further makes a study of the Romanian legislation in the field under debate (mainly, Articles 78–81 of the new Romanian Civil Code, as well as other legal provisions written down in special laws, such as: the Law No 95/2006 on the reform in the field of healthcare, the Law No 104/2003 on handling of human dead bodies and removal of organs and tissues from the dead bodies in view of transplant and others). -
Engaging the civil tort liability has as finality the full reparation of the damage. Reparation is a legal means by which the victim may claim to be reinstated in the situation prior to the commission of the illegal act. The right to reparation depends on an objective fact, that of causing the damage. The condition of the certainty of the damage is its most important character. If the damage is not certain, it can not be ascertained whether the right to reparation arose, and if the uncertainty concerns the extent thereof, the object of the claim for damages can not be established. Sometimes, in practice, it is difficult to determine whether the damage invoked is certain or possible. In relation to this condition of certainty of the damage, the damage by loss of the opportunity to gain an advantage is one of the innovative elements of the new regulation, being outlined as a distinct category of reparable damage. -
In this study, the author makes an analysis on the right to life, with emphasis on the moment when the right to life begins to flow, including from the phase of conception of human life, by reference to the case law of the European Court of Human Rights and of other courts outside the European Union, following that, in the final part of the study, an analysis be made on the current criminal provisions protecting the right to life in its incipient phase and the compliance of these provisions with the standard required by the Convention. -
This study appeared as a result of a case solved in practice and identifies legal issues also common to many other cases, which, as always, is subject to the analysis and to the specialised criticism, the latter being accompanied by any other possible points of view. -
Throughout more than 150 years of constitutional history in Romania, the Romanian constitutions have provided the modality of engaging the liability of the ministers for their activity. This article aims to make a brief analysis of how it was regulated the liability of ministers in the various constitutions which Romania has adopted over time and of the relation between the political and legal liability of ministers in the Romanian law, starting from the practical realities of recent years. Although, traditionally, in the constitutional law it is made a clear distinction between the political and legal liability, in practice, the boundary between the two types of liability is questionable, especially from the perspective of the legal classification of these types of liability. If the political liability is considered to be that liability of ministers before the Parliament for their political activity which may result in the loss of confidence and the removal from the office of minister, the legal liability has in view how a minister should bear the consequences of the law, by his prosecution and indictment.
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This article presents the procedural features of the principle non reformatio in pejus in civil procedural area. It aims to concentrate the main theoretical and practical concepts exposed during the time, relating to the limits of this principle. Finally, the study is dedicated to analyze the real interference between different peremptory rules, which govern the appeal, and the principle analyzed.
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This study presents the divergent case law generated by the current insufficient regulation of the legal regime of burial plots and funeral constructions, such as burial vaults and crypts. While some courts admit the assignment of the tomb to one heir, others consider that the concession right over the burial plot and the funeral constructions bears upon a forced and perpetual indivisibility which excludes the division. As a solution, it proposes a clarification of the legal regime applicable to funeral concessions and the explicit regulation of the use of underground burial vaults, especially from the perspective of the exclusive right to be buried in a particular crypt.
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The application of ancillary intervention submitted in favour of the authority that has issued the individual administrative act is admissible in the actions in administrative disputes having as object the suspension of this type of acts, to the extent to which the third party intervening in a trial between the original parties is able to prove the practical benefit which he obtains as a consequence of pronouncing a solution favourable to the party in whose favour it intervenes. The necessity to prove that the condition of imminent damage is fulfilled by the applicant who considers himself injured, by the individual administrative act whose suspension is requested, does not confer this action a personal nature, in such a way as to be incompatible with the institution of ancillary intervention.
