Questioned by an alleged absence of their own method and investigation field, legal science and research are fully legitimised in reality. Legal doctrine research deals with formal sources of law, and results in deduction and explanation of legal rules. Legal scientific research deals with legal rules in force from a formal point of view and refers to the legitimation (delegitimation) of legal rules of substantial law; its method is the deduction of general principles of law as a specific normative subsystem within the social system and the relation of the legal rules to these principles.

This study analyzes the new structure of the judgment based on the guilty plea, describes the conditions of application of this simplified procedure in comparison with the previous regulation, the rules of conduct of the special judicial investigation, the solutions which can be issued by courts in order to solve the criminal action, all these by emphasizing the advantages or shortcomings of the new institution.

This article makes an analysis of the institution of putative marriage regulated by the provisions of Article 304 of the Civil Code which establishes an important derogation from the principle quod nullum est, nullum producit effectum. Therefore, there are raised for discussion the conditions of existence of the putative marriage and there are presented the effects of its nullity in the relationships between the former spouses, making distinction between the situation where both spouses acted in good faith upon the conclusion of the marriage and the situation in which only one of them acted in good faith, as well as in the relationships between parents and their children. The final part is devoted to the conclusions drawn from this study.

For the first time in the Romanian legislation, the new Civil Code (Article 1368) expressly regulates the subsidiary obligation to reimburse the victim, in the sense that „lack of discernment does not exempt the author of the damage from paying a reimbursement to the victim whenever the liability of the person who, according to the law, had the duty to supervise such person can not be engaged” (the author of the damage). In this study there are successively examined: aspects of comparative law in the matter; the position of the Romanian doctrine and of the case-law on the issue in question; the quality of the liable person [for the purpose of Article 1368 (1) of the Civil Code]; the tort civil liability of the person who lacks discernment; the legal basis of the subsidiary liability of the person who lacks discernment; final de lege ferenda proposals in order to improve Article 1368 (1) of the Civil Code.

Unlike the previous Civil Procedure Code, the current (Romanian) Civil Procedure Code regulates (as an exception from the rule of uniqueness of the judicial remedies of a judgment) the admissibility, in some situations, of filing an appeal ex novo during the judgment of an appeal ex novo, respectively, of filing the appeal on law during the judgment of an appeal on law. This study examines analytically this new conception and regulation of the current Civil Procedure Code (Law No 134/2009, republished), the author positively appreciating the new regulation in question.

Pentru motivele pe care le vom detalia în continuare, ne vom pronunța de la început în legătură cu problemele anunțate în titlu și vom afirma că este necesară revizuirea Constituției, dar, deocamdată, nu este oportună. Este necesară deoarece exercitarea puterii politico-etatice pe baza Constituției, pe parcursul a mai bine de 22 de ani, a întâmpinat dificultăți determinate de modul laconic sau deficitar de reglementare care, la rândul său, a condus la interpretarea diferită, uneori contrară, a unor reguli constituționale de către principalii actori politici, de contradicția dintre unele texte constituționale, de lipsa existenței unor principii clar formulate privind organizarea și exercitarea puterii politice, de căderea în desuetudine a unor reguli sau principii juridice înscrise în legea fundamentală, de caracterul confuz al unor reglementări, de integrarea României în Uniunea Europeană și consecințele acestui fapt pe planul exercitării puterii etc.

În spațiul public românesc din ultimii patru ani, discuțiile referitoare la revizuirea Constituției au devenit atât de uzuale, încât riscă să bagatelizeze nu doar ideea de revizuire a Constituției, ci chiar conceptul de lege fundamentală. În marea lor majoritate, dezbaterile publice referitoare la necesitatea modificării Constituției au stat sub semnul unor viziuni personale și personalizate cu privire la rolul instituțiilor fundamentale ale statului. Cel mai adesea, opțiunile formulate de maniera cea mai vocală au avut ca punct de pornire situațiile conflictuale în care au fost implicate diferite autorități publice. În sine, această abordare, eminamente din perspectivă conflictuală, deși utilă și poate chiar necesară, este incompletă și insuficientă.

The scientific approach of the authors starts from the fact that, when it comes to concepts such as, for example, resilience or victimology, which can not be understood or applied without a multidisciplinary, interdisciplinary or even transdisciplinary approach (see the conclusion which the authors have reached with regard to the possibility of appearance of a new discipline, namely legal resilience), the competences of the legal science specialists, in general, and of those in the field of criminal law, in particular, together with the competences of the specialists in psychology, psychiatry, and others, are extremely important. The authors place the above-mentioned concepts on the law – psychology – psychiatry interface and they analyze them from the perspective of the criminal justice and of the relationship between the persons involved, respectively the victims of crimes (minors and adults to the same extent), with society, but also with the aggressor, both before committing the criminal act and thereafter. Moreover, with respect to resilience and victimology, after it is pointed out that they do not have unique definitions, generally-accepted, there are also revealed the essential points on which those involved in the research of these matters have agreed upon, as well as the exchange of information and of procedures performed at the the boundary between resilience and victimology. At the same time, the criminal justice is not treated under a retributive aspect, but more from the point of view of a reparative, restorative justice, of the means by which it contributes to the mental health of the victims, of the populations that live in traumatized societies, to repairing the social trauma, to establishing the causes and the prevention of victimization, etc. At the same time, the authors also present the guarantees of the right to a fair trial granted to the victims of crimes, as well as some regulations intended to prevent victimization and to grant legal protection to the persons in precarious situations, such as: refugees, mentally ill, abandoned children and others.

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.

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.

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.