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Article 2 (3), respectively Article 4 (1) a) and b) (iii) of the Law No 213/2015 only indicates the general characteristics of the insurance claim and of the insurance creditor – the injured person, in that the indemnity must be based on the insurance contract and the damage suffered must be the consequence of the occurrence of a risk covered by an insurance contract of civil liability. Hospital units must demonstrate that the rights they claim have been definitively classed by a court as representing compensation due under an MTPL insurance contract to a person injured by the automobile accident. The court cannot give a further legal characterization of those rights (in the sense that the damage is not the result of the accident and that the compensation is not due under the insurance contract) because it would amount to contradicting the earlier judgment and to cancel an existing right recognized to hospital units. This right must be considered as complying with the provisions of the Law No 213/2015 and hence opposable, even by the effect of the Law No 213/2015, to the Guarantee Fund for the Insured. -
Cererea formulată în temeiul art. 595 alin. (1) C.pr.pen., respectiv în caz de intervenire a unei legi penale noi după rămânerea definitivă a hotărârii de condamnare sau a hotărârii prin care s-a aplicat o măsură educativă, se adresează fie instanței de executare, fie instanței corespunzătoare în grad acesteia în a cărei circumscripție se află locul de deținere sau, după caz, centrul educativ ori centrul de detenție. Din perspectiva formelor competenței, cea reglementată potrivit art. 595 alin. (2) raportat la art. 553 alin. (1) C.pr.pen. este o competență funcțională (ratione officii) întrucât vizează o activitate ce se poate realiza strict de către instanța de executare ori de către instanța corespunzătoare în grad acesteia în circumscripția căreia se află locul de executare a pedepsei ori măsurii privative de libertate.
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This study analyzes briefly the new rules of the private international law of the European Union applicable to cross-border insolvency, contained in the Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) and applicable in their large majority starting with 26 June 2017. The study presents the legislative history of cross-border insolvency in the Union, the context of the adoption of Regulation (EU) 2015/848 and the objectives aimed thereby. Similarly, there are briefly presented the scope of application of the Regulation, the rules on international jurisdiction, the main and secondary insolvency proceedings, the law applicable to insolvency proceedings and their effects, the recognition of the judgment for opening the insolvency proceedings, the insolvency proceedings applicable to companies of the group and the insolvency registers.
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In this study, the author analyzes the ratio of the „data of a personal nature” and „personal data” and he draws up an inventory of the most important qualifications offered so far by the doctrine about the legal nature of these data. Finally, the author concludes that „personal data” are intangible movable assets, then he presents a number of practical consequences of this qualification.
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Pentru existența faptei prevăzute de art. 337 C.pen., refuzul sau sustragerea trebuie să privească supunerea la prelevarea de mostre biologice, spre deosebire de vechea reglementare a faptei, unde se prevedea că acțiunea autorului putea să se refere și la refuzul sau sustragerea de la supunerea testării aerului expirat.
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In this article the author, starting from a case settled by the courts, refers to the patrimonial liability of the legal advisers. In essence, he points out that in the exercise of their profession, they undertake the obligation of means (of diligence), in the sense that they have the duty to make all the necessary diligence, all their (professional) knowledge and efforts so that the expected outcome be achieved. In the contrary hypothesis however, when acting negligently, unprofessionally, etc. and cause damages, the legal advisers will be liable in terms of patrimony (on civil-contractual terms) to their employers.
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The doctoral studies consist of two components developed under the guidance of a doctoral coordinator, namely a training programme based on advanced university studies, as well as an individual scientific research programme. The doctorate is finalised with the public presentation of a paper elaborated by the doctoral student. The doctoral thesis must demonstrate to have the advanced scientific knowledge of the topic addressed, must contain elements of originality in the development or solving of the topic, as well as modalities of scientific validation thereof. In order to fulfil the condition of public presentation of the doctoral thesis it is required an evaluation both from the guidance commission within the doctoral school and from the commission of public presentation of the doctoral thesis within the doctoral school. Evaluation is a complex process, which has as finality to form the belief that the doctoral studies have achieved their purpose by certifying the merit, value, meaning of the respective paper. The failure to comply with good conduct in research, including the plagiarizing of the results or publications of other authors, producing results or replacing the results with fictitious data, brings about the failure to obtain the agreement of public presentation of the paper. The legal nature of liability for violating the rules of deontology in the preparation of doctoral thesis is diverse, from the disciplinary liability to the criminal liability.
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This study aims to analyze the characters of the claim of a creditor entitled to request the opening of the insolvency procedure, namely the certain, liquid and exigibile character, as well as the conditions for admitting the application for claim in the insolvency procedure. The creditor’s right to request the opening of the insolvency procedure is one of the modalities which the legislator has made available to him in order to materialize his claim right against his debtor. The opening of the insolvency procedure does not have the characteristic of an actual enforcement, because insolvency does not provide the guarantee of the effective satisfaction of the claim right against the debtor. The creditor entitled to request the opening of the insolvency procedure must have against his debtor a clear, liquid and exigible claim for more than 60 days, in a minimum quantum established by the law.
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In our previous study we have analyzed cybercrime in the Cloud Computing environment. Our research led us to the conclusion that, with the rise of Cloud Computing services, cybercriminals benefit of new and improved ways of conducting their illicit activity, thus using the Cloud environment as an instrument or as a specific target. Furthermore, we have discovered that cybercrime is constantly changing. Emerging technology trends like Big Data, Social Networks, the Internet of Things and Cloud Computing services change the way that cybercriminals act today. As more and more relevant data is located in the Cloud, the cybercrime threat also increases. Cloud Computing also offers immense computing power at the disposal of nearly anyone, criminals included. This leads to the migration phenomenon of cybercrime. Traditional forms of cybercrime are gradually replaced by new and more complex ones, like those that occur in Cloud Computing and in other information technology environments. Our study shows that there are a series of factors that are held responsible for the cybercrime migration phenomenon. These factors include: powerful processing power, huge volumes of valuable data, extended service availability, risk of mass attacks, vanishing fingerprints, adaptable crime tools and others. Only by examining the way that cybercrime evolves we will be able to reduce its harmful effects.
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The neutral power, i.e. a power that is situated outside the three powers derived from the organisation of the state on the basis of the principle of separation of powers, was conceived and institutionalised in various ways. One of them transforms the Head of State into a power that distances itself from political games and the separation of powers. The Head of State plays the role of balancing power and that of mediator between legislative, executive and jurisdictional powers and between state and society. The following article examines the role of the Head of State as neutral power in the constitutional history of Romania and in the 1991 Constitution.
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Through this study we have made a thorough analysis of the conditions of admissibility of the special cancellation (revocation) action regulated by the provisions of Article 117 of the Law No 85/2014 on the procedures for preventing insolvency and of insolvency, as well as an analysis of the possibility of cancelling (revoking) any fraudulent act concluded by the debtor in the 2 years prior to the opening of the insolvency procedure. Likewise, we have analyzed what operations concluded, in the two years prior to the opening of the procedure, with the persons who have legal relationships with the debtor may be cancelled and the benefits recovered, if they are to the detriment of the creditors, except for the acts concluded in good faith in the execution of an agreement with the creditors, concluded as a result of extrajudicial negotiations for restructuring the debtor’s debts
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The study analyses the right of the accused to participate in the judgement of the case, the notification thereof and the finding of an obvious avoidance that allows for a decision to be taken in absence. In addition, there are analysed practical cases about the judgment of the case in the absence of the defendant for the reason of deliberate avoidance, as well as for reasons imputable to the authorities when the defendant has not been properly summoned.
