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The Union and the Member States shall counter fraud and any other illegal activities affecting the financial interests of the Union through measures to be taken in accordance with Art 325 of the Treaty on the Functioning of the European Union, which shall act as a deterrent and be such as to afford effective protection in the Member States, and in all the Union’s institutions, bodies, offices and agencies. For this purpose, Member States shall coordinate their actions and shall organize, together with the Commission, a tight and constant cooperation between competent authorities and shall take measures to counter fraud affecting their own financial interests. Romania, by adopting Law No 78/2000 on preventing, discovering and sanctioning corruption acts, the Law No 161/2003 on regarding certain measures for ensuring transparent exercise of public dignities, positions and business transparency, by prevention and sanctioning corruption, the Law No 61/2011 on the fight against fraud department, Government Decision No 215/2012 on the National Strategy for 2012-2015 and other normative acts, has created the legal framework necessary for the protection of the European Union’s financial interests. -
The paper deals with the issue of using hypnosis techniques in crime investigations. The author examines the criminal procedure implications of using such a forensic technique with reference to national legislation and the EU regulations, not avoiding to examine the controversial aspects in the legal literature and jurisprudence; however, the author concludes that the expertise would seem more appropriate to allow the use of hypnosis technique, provided that a clear distinction between hearing a person under hypnosis and the expertise of its discourse under hypnosis is achieved.
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Prin noțiunea de preț serios, astfel cum prevãd dispozițiile art. 1303 C.civ. anterior (1864), se înțelege prețul care constituie o cauzã suficientã a obligației luate de vânzãtor de a transmite dreptul de proprietate asupra bunului ce formeazã obiectul vânzãrii.
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The author aims to discern the will of the legislator, expressed in the text of the art. 1856 of the new Civil Code, titled marginally “workers’ direct action”. This approach has led to some recent doctrinal views by which the direct action is recognized to subcontractors as well, including those who have the status of legal entity. The author argues that the mentioned legal text has to be interpreted as meaning to the recognition of the direct action only to certain individuals, i.e. to workers and subcontractors-individuals (the latter under certain conditions: working alone or employing workers, working with them to achieve the work / to render the services). In the study, certain practical situations are brought to light, in which the question of determining the holders of direct action is raised, in case of the subcontractor agreements. The author considers as possible, “de lege ferenda”, regulating a direct action both in favour of the subcontractors-individuals using workers and in favour of the subcontractors-legal entities, but only for the price of work/rendering of services which excludes the price of the workers’ activity. -
Reiterating his view [in that the commercial law is not an autonomous branch of law, but is part of the Romanian civil law, with effect from 1 October 2011, since the new Romanian Civil Code entered into force (Law no. 287/2009, as republished) Code essentially “of monistic nature”], the author criticizes the view (to the contrary) of certain theorists and practitioners, focusing on art. 2557 para. (2) of the Code, as well as the existence – undisputed – of the legal discipline called the international trade law.
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The article approaches some aspects of novelty enshrined in the new Code of Civil Procedure, absent in the old regulation. Thus, we examined and analyzed the provisions of art. 244 of the new Code of Civil Procedure, which establishes, as a general rule, the obligation of the court to grant a hearing date for the submission of written observations. The relevance of the art. 244 is also examined in relation to the prosecutor, the exceptions to the general rule are analyzed, as well as the possibility that the parties have to submit addenda to the written observations, upon closure of the debates, according to art. 394 para. (2) of the Civil Procedure Code. Finally, the court proceeding is reviewed in case the party declares a different remedy than that determined by the court, namely if the court decides a wrong remedy.
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In a study published in the “Dreptul” Magazine no. 3/2013, p. 108-115, an author criticized the regulation stated in Art. 519-521 of the new Code of Civil Procedure (entered into force on 15 February 2013) regarding the seizing of the High Court of Cassation and Justice for passing a preliminary ruling for clarifying certain law-related issues, which is why he proposed the repeal of these texts. In response, in this study, the author considers that the regulation in question is useful and therefore should not be repealed.
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This paper aims to address some issues encountered in the control/audit activity that the Romanian Court of Accounts performs on public authorities and institutions, which aims the disputes arising from breaching by them of the provisions of Law no. 544/2001 on free access to public information. The law provides, in art. 22, that the person who considers himself injured in his rights may appeal to the legal administrative department in whose territorial jurisdiction is residing or the authority or public institution is situated, and the court may require the defendant authority to provide the requested information and pay moral and/or property damages. The defendant in this litigation is the territorial administrative unit (village, town, city, county), and the obligation to pay any compensation falls to it.
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This paper presents propter rem obligations in terms of their distinctive characteristics that prevent their inclusion in the classical categories of property rights and obligations. The incidental nature of these obligations is emphasized in relation to the real right on which the prevalence if the intuitu rei nature is grafted in relation to that of intuitu personae and, as a consequence of these, the propter rem obligation perpetuity. The purpose of the propter rem obligation, is to facilitate the operation of real estate that is subject to real right on which is grafted, helps us decipher the accesoriality relation concerning the real right, the transmission mechanism of these obligations, and the abandon as a sanction occurring in case of failure to comply with these obligations. Recourse to abandon is not only the sanction for the non-performance of these obligations, but also the individual having the propter rem obligation, who releases himself from the performance of the obligation in this way. The last part of the paper helps to explain how certain propter rem obligations set forth in the Civil Code or in certain special laws are created and transmitted, which raises questions on the propter rem nature of some of these.
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This study presents the specific elements of the security obligation, having as benchmarks the scope, the legal nature and the fundamentals of the civil repair liability and preventive, anticipatory liability based on the precautionary principle. The stated conclusions try to define this obligation, thus providing a useful approach to the legal action of the creditor regarding the debtor’s liability for infringement of that obligation.
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In this study, the author examines whether after 1 October 2011 (when the new Romanian Civil Code entered into force), to what extent the creditor may enforce the shares (portions of the share capital of the limited – liability – company) belonging to its debtor, corroborating art. 66 of the Law no. 31/1990 on companies by Art. 1887 of the new Civil Code. One reaches the conclusion that the enforcement of the creditor on the shares in question is more illusory than real. That is, a number of de lege ferenda proposals are made, meaning that the right of enforcement on the debtor’s shares should change from a utopia into a reality.
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In this article, the author makes some observations about the documents necessary to carry out the real estate publicity formalities as a result of the division of a company. The non-unitary practice of courts and offices of cadastre and land registration in respect of the documents which require to be authenticated for validity and tabulation purposes lead to a non-unitary notarial practice, as well. Dissenting opinions appearing on the transfer of ownership basis and on the time of this transfer, lead to different views on the legal nature of notarial documents processed, which is reflected finally in the taxation field. This study supports the contractual nature of a division, and the manifestations of the final will are expressed, in principle, by the decisions of the general meetings of the companies involved in the division, by which they approve the terms of the transaction. That is, in the author’s opinion, in case of the transfer of real property right, these decisions require to be authenticated.
