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The institution of preventive arrest is regulated by the new Criminal Procedure Code in Article 223 and the following, representing the hardest preventive measure that can be taken against the defendant in the criminal prosecution phase, in the preliminary chamber phase or in the trial phase. As it is normal, the institutions referred to in the Criminal Procedure Code appear to be very strictly and concisely regulated, but even so, there may be problems in the practice of the courts and of the public prosecutor’s offices that function next to them, with regard to the interpretation of the rules. The measure of preventive arrest is the harshest of the preventive measures, because it completely deprives of liberty the defendant accused of committing an offence. In relation to the cases in which the measure of preventive arrest may be ordered and the conditions to be satisfied for taking this measure, the practice is not always unitary. If most of the cases expressly provided in the Criminal Procedure Code in which this measure may be ordered do not pose problems of interpretation, their applicability being strict and commonly understood by practitioners, some cases, also expressly provided, bring to light a series of profound legislative matters that will have to be solved, in the future, by means of the legislator’s action of amendment and supplementation of the provisions in the matter or by means of interpretation of these provisions by the High Court of Cassation and Justice in order to unify the judicial practice. -
This paper is a plea for adopting the legal conception on the notion of result of the offence. It points out both the shortcomings of the formal conception, which dominates the current theory on the result of the offence, as well as the shortcomings of the old naturalistic conception, which is still preserved today, being supported by the highly questionable theory of the civil tort liability.
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The purpose of imposing the criminal processual sanctions is to respect the principle of legality that governs the criminal trial. The principle of legality, established in Article 2 of the Criminal Procedure Code, is the fundamental principle of the criminal trial according to which the conduct of the entire criminal trial, namely in all its phases (criminal prosecution, preliminary chamber, judgment, enforcement phase), takes place strictly according to the provisions stipulated by the law. The effects of this principle are materialized in a series of processual guarantees, one of the most powerful guarantees of the fulfilment of the processual and procedural acts according to the legal rules being precisely the processual sanctions. The problems which arise in the practice in connection with the application and interpretation of the regulations incidental in the matter of criminal processual sanctions have led us to proceed to the elaboration of this study. -
The legal report between the commercial company and the administrator is a report of mandate. The administrator mandate can be with representation or without representation and has contractual content and also legal one. The powers of the administrator of the company include two elements: the power to fulfil management abilities; the power to represent if it was expressly granted. The power to represent is distinct from the power of administration and exists only if it has been conferred. The representation of the company by the administrator is exercised differently depending on the type of company. For concluding the dispositions, the company’s administrator does not need a special power of attorney in the authentic form for this purpose. When the acts concluded by the representatives of the company are done with the overcoming of its object, they are the duty of the company except in the cases when the third parties knew or should have known the overcoming of the object or when the acts of the same are concluded by exceeding the limits of the powers of the respective bodies. -
The offence of favouring of the perpetrator has evolved along the successive regulations in terms of area of incrimination, both with reference to the criminal activities incriminated, but also with reference to the favoured persons. According to the new provisions of criminal law, it is incriminated under this name the favouring of any person who has committed a deed provided by the criminal law, which does not necessarily have to meet the requirements in order to be considered an offence, and it is also incriminated only personal favouring, not the real one, consisting of the aid given in order to ensure the product of the offence for the perpetrator. The offence of favouring the perpetrator has an autonomous nature in relation to the offence committed by the favoured person and has a subsidiary nature in relation to other offences, the aid given to a perpetrator receiving the qualification of favouring only when other legal provisions do not incriminate special assumptions of favouring. -
On number of occasions, the Constitutional Court is in the position to determine whether a norm is constitutional or not, referring to the provisions of Article 1 (5) of the Constitution, republished version. In order to comply with the provisions of this article, it is necessary for the law, the obedience of which is required by the very first article of the Basic Law, to be clear, precise and predictable. There are numerous decisions of the Constitutional Court which state that the law is devoid of „quality”, i.e. the law is not clear, precise and predictable. The non-compliance of these requirements results in a violation of the provisions of Article 6 (1) of the Law No 24/2000 on normative technical norms for the drafting of normative acts, republished, subsequently amended and supplemented, according to which the draft of the normative act must establish necessary, sufficient and possible rules leading to the greatest legal stability and efficiency. Thus, whenever the legislator uses notions whose legal nature is uncertain or do not integrate from the conceptual point of view into the normative system, or when the legislator resorts to the use of innovative concepts in the normative acts and does not define them in their very content, the Constitutional Court will have all the reasons to establish that the provisions of Article 1 (5) of the Constitution are violated, the text being inadequately drafted.
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The jurists naturally privilege the continuity, stability, coherence. If the political tends to periodically break the coherence of the social structures, the jurists conceive themselves as „doctors” thereof, and „their technique is precisely the extirpation of the void, the anticipation of the crises, the assurance of the continuity, or even the mending, after the stroke, of the ruptures of the institutional weave”1. The legal privileging of the continuity of the social evolution is translated by the structuring of the system on the basis of some principles aimed at attenuating the tendencies of radicalization of the social claims in the name of the prevalence of a certain conception about the good society over its alternatives. It is fundamental for the jurists that the law ensures the priority of the protection of freedom through the mechanisms of the rule of law over the general interest resulted from the democratic exercise of power. The law based on this vision can not be the result of a general transcendent interest over the interests of the members of the society, but must be the result of the accessibility and availability thereof.
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The relationship between the constitutional norms and the European Union law is interpreted differently, as there are several doctrinal conceptions and different case law solutions. A trend of thought affirms the supremacy of the Constitution, including over the European Union law, even though it accepts the priority of application of the latter, in its binding rules, over all the other rules of domestic law, and other trend affirms the priority of the unconditional application of all the provisions of the European Union law over all the norms of the domestic law, including over the constitutional norms. There are European constitutional jurisdictions which have established that they have the competence to conduct the control over the constitutionality of the European Union law, integrated into the domestic legal order, by virtue of the principle of supremacy of the Basic Law. In this study we analyze the interferences between the principle of priority of the European Union law and the principle of supremacy of the Constitution with reference to the doctrine and the relevant case law in the matter. Key words: principle of priority of the European Union law; principle of supremacy of the Constitution; obligativity of the legal norms of the European Union; control of the constitutionality of the legal acts of the European Union integrated into the domestic law; compliance of the domestic law with the European Union law. -
The dilemma on the bicameralism or unicameralism of the EC/EU legislator has existed for a long time. Not a few times, given the name of Parliament, operating with relative similarities regarding the states as subjects of international law, it was considered that it was and remained the legislature of the EC/EU. Over time, primary law and practice were likely to clarify things. Thus, at the beginnings of the Community construction, the Council acted as genuine supreme legislator, which had been gradually joined, as an institution of political control, consultation, cooperation and co-decision, by the European Parliament, so that currently the two institutions are equally involved in the legislative process of a two-chamber system. -
The civil liability of judges and prosecutors for damages caused by torts related to their professional duties is a subject of actuality much debated by legal professionals, the media and the civil society as a whole. Problems such as judicial errors, arrest followed by exculpatory decisions, controls and other forms of discriminatory police abuse performed sometimes at the request of prosecutors are just some of the examples observed by many contemporary societies as dangers for the human rights and liberties. The constitutions, laws and case law provide for answers to the questions in connection with the tort liability of judges and prosecutors. Latest, it becomes visible worldwide a certain way of thinking which advocates for more restrictive rules regarding the subject. This phenomenon is noticeable not only in Romania but also in other countries, such as the United States and France. The paper proposes a synthesis of the constitutional, legal framework and case law in the United States of America, with a special focus on the Supreme Court of Justice cases regarding the civil liability of judges and prosecutors. Since the notions of absolute immunity and qualified immunity in this context are quite unknown to the Romanian legal readers, this paper should add some value to their knowledge of the way of thinking the relation between independence versus accountability of the judiciary specific to the legal traditions of the U.S. From the perspective of the U.S. case law, the paper presents some of the most relevant cases of the Supreme Court of Justice such as: Stump v. Sparkman, Griffith v. Slinkard, Yaselli v. Goff, Imbler v. Pachtman, Burns v. Reed and Buckley v. Fitzsimmons. Although quite old some of them, the majority of the conclusions resulted from this case law are still valid today, with nuances, mainly in the area of the qualified immunity for prosecutors. -
At the beginning of this study, the author makes an exposition of the economic and contractual environment whose needs have determined the necessity of recognition by the legal doctrine and by the case law and then the legislative consecration of the existence of a general obligation of pre-contractual information as duty of the participants in the civil circuit. The legal basis for this obligation has been found and discovered, by way of interpretation, in the texts of the Civil Code that establish the principle of good faith in the negotiation, conclusion and execution of contracts. The author also points out that there are numerous provisions mostly in the legislation connected to the Civil Code, which pertains to the consumption law, where there are regulated specifically and in detail various obligations of pre-contractual information, in the matter of contracts concluded between professionals and consumers. In this context, it is also established the existence in the special legislation of what the legal doctrine calls „informative formalism”, which means that upon the conclusion of some contracts, where the law expressly provides so, the information which the professionals are required to provide to the contractual partners must take a certain form, which most often is the written form; the failure to comply with the requirements of informative formalism can lead to various sanctions, some of them administrative or contraventional and others of private law. The study concludes with an overview on the private law sanctions which can intervene in case of failure to perform or of the improper performance of the general obligation of pre-contractual information.
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The meanings of the principle of proportionality are identified in the case law and in the legal doctrine during the modern and contemporary period, emphasizing the idea of continuity in understanding this principle. The main connotations of this principle, found in the doctrine, are expressed by the ideas of fairness, balance, adequate ratio, reasonableness, equity, but also in logical plan, by the dialectic reasoning of proportionality. The analysis of case law and of doctrine reveals the importance of this principle, whose purpose is to materialize the legal standard, to substantiate the concept of legitimacy in law and to serve as a key criterion that allows the demarcation between the legitimate manifestations of the state power and, on the other hand, the excess of power in the activity of the state authorities. The only regulations of the Romanian Constitution which specifically refer to the principle of proportionality are included in Article 53, with the marginal title „Restriction of the exercise of some rights and freedoms”. In this study, by using different ways of legal interpretation, we also identify other constitutional rules which involve this principle. -
In the same way as the institutional decision-making system of the European Union (the European Commission, the Council, the European Parliament) participating in the unional legislative mechanism (the procedures of adoption of the derived legislation of the European Union) has undergone, in an evolutive sense, permanent changes of reformatory nature, in favour of some elements specific to bicameralism (the Council – the European Parliament; the European Parliament – the Council), within the institutions that make up the jurisdictional system of the European Union we are also witnessing the same permanence of the concerns for institutional reform placed in the structural-organizational plan, but also in the one of the competences ratione materiae, ratione personae. All these occurred and still occur in close relation to the process of enlargement of the European Union, as well as to the multiplication of the areas which fall under the exclusive competences of the European Union and of those shared between the European Union and the Member States, correlated with the principles of subsidiarity, proportionality, conferral and loyal cooperation. -
In the regulation of the new Criminal Procedure Code the recourse in cassation is an extraordinary legal remedy exercised only in cases expressly provided by law and only on grounds of unlawfulness. The recourse in cassation is the extraordinary remedy through which the interested parties or the prosecutor may request the High Court, in the conditions and for the reasons expressly and limitatively provided by law, to reform the final judgements in certain cases provided by law. Practically, the recourse in cassation is designed as an extraordinary legal remedy or otherwise, as a last level of jurisdiction within which the parties can defend their rights, by removing the effects of the final judgments pronounced under the conditions of the five cases of unlawfulness provided by Article 438 of the Criminal Procedure Code and does not involve the examination of all aspects of the case, but only the review of the legality of the contested judgment, respectively its consistency with the provisions of the applicable substantive and procedural law. We intend to present the five cases of recourse in cassation by an extensive examination of the doctrine and practice of the High Court of Cassation and Justice.
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The law has, undoubtedly, the properties of a fluid. Firstly, the property to shape into the forms they come into contact: the social realities are the ones that should configure it, as François Gény once said, so that their slower or more sudden changing would automatically determine mostly imperceptible, and in some cases, convulsive changes of the legal phenomenon as well. Law is a far too important phenomenon to not be subjected to studying day by day. However, a careful analysis of law has always imposed its division, primarily for teaching, theoretical purposes, but not without having in view the practical consequences as well. Traditional or innovative, classic or revolutionary, this „slicing” into divisions, branches and legal institutions, has undergone, in its turn, plenty of changes over time, being in a state of perpetual remodeling (and remodulation). In the following lines we propose some ideas, with no greater claim than that of presenting a personal opinion, about this phenomenon of division, firstly, and of fusion, secondly, a phenomenon that repeats itself cyclically, as, ultimately, the law also contains in itself a significant dose of history.
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The field of contractual freedom has raised a permanent interest and continues to cause numerous discussions in the doctrine, and the practice of the courts emphasizes the importance of applying this principle to the specific civil legal relations. The undeniable importance of the contract as source of law involves inclusively the investigation of the manner in which the good faith and the abuse of right influence not only the formation, but also the performance or cessation of the contractual legal relations. -
Curtea Constituțională a fost sesizată cu excepția de neconstituționalitate ridicată de un număr mare de funcționari publici trimiși în judecată pentru săvârșirea infracțiunii de abuz în serviciu, care a fost reglementată de art. 246 din Codul penal din 19691, având conținutul „Fapta funcționarului public, care, în exercițiul atribuțiilor de serviciu, cu știință, nu îndeplinește un act ori îl îndeplinește în mod defectuos și prin aceasta cauzează o vătămare intereselor legale ale unei persoane se pedepsește cu închisoare de la 6 luni la 3 ani”, precum și de art. 297 alin. (1) din Codul penal în vigoare, adoptat în anul 2009, potrivit căruia „Fapta funcționarului public care, în exercitarea atribuțiilor de serviciu, nu îndeplinește un act sau îl îndeplinește în mod defectuos și prin aceasta cauzează o pagubă ori o vătămare a drepturilor sau intereselor legitime ale unei persoane fizice sau ale unei persoane juridice se pedepsește cu închisoare de la 2 la 7 ani și interzicerea exercitării dreptului de a ocupa o funcție publică.” -
The article addresses in a systematized manner some of the most important problems raised in the administrative practice and, implicitly, in the case law of the administrative disputes courts by the traditional triad concerning the cessation of producing of legal effects by the administrative acts, namely the nullity, revocation and inexistence. There are briefly reviewed aspects concerning terminology, doctrinal definitions, the relative nullity – absolute nullity distinction in the administrative law, the legality – opportunity correlation from the perspective of the control of administrative acts, the authorities competent to establish the nullity, revocation or inexistence of an administrative act. The complex issue of the legal effects of finding the nullity, the revocation or inexistence of administrative acts, but also of the repeal that can intervene only in case of normative administrative acts is examined by reference to some of the relevant solutions of the administrative case law. A newly raised issue, due to the incidence of the administrative law, briefly aims at the position of prosecutor of case or of judge in relation to an administrative act with incidence in a criminal case. -
Reținerea unei împrejurări ca circumstanță atenuantă judiciară: a) este posibilă doar dacă ea reduce într-o asemenea măsură gravitatea infracțiunii sau descrie atât de favorabil persoana infractorului, încât numai o diminuare a limitelor speciale este aptă să creeze un echilibru între rolurile aflictiv și educativ atașate pedepsei și să realizeze prevenția specială inerentă acesteia; b) atrage îndeplinirea de către instanță a obligațiilor de a indica împrejurarea care constituie circumstanță atenuantă, de a face referire la mijloacele de probă din care ea rezultă și de a o încadra în ipotezele prevăzute de lege. -
In this study, the author starts by finding that there is a divergent case law regarding the admission of the application for declaration of enforceability filed by the court executor under Article 666 of the Civil Procedure Code in the event that the enforcement title is represented by a final judgment whereby the debtor is obliged to pay a sum of money to the creditor and the proof thereof is made by a registry certificate (ad similis, an authenticated copy of the minutes drawn up and signed by the members of the court panel). The author finds that the limited doctrine that analyzed the casuistry described above reaches also diametrically opposite conclusions. In this context, making his own analysis, the author comes to the conclusion that in the above-mentioned hypothesis it is correct the solution of the courts which have admitted the applications for declaration of enforcement, based mainly on arguments related to the probative force of the registry certificate, the existence of the court judgment from the date of its pronouncement in the public hearing as the last stage of the trial (i.e., the first phase of the civil trial), since it has full legal effects, as well as on the desideratum of celerity, which governs the second stage of the civil trial, recte the enforcement. Noting that the existence of a divergent case law by which identical juridical situations are solved is likely to lead to the weakening of trust in the act of justice, the author urges for the most urgent use by the actors entitled ope legis of the means for ensuring a unitary judicial practice stated by the provisions of the Civil Procedure Code and of the Internal Rules of the courts of 2015.
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At the same time with the change of the jurisdiction of the courts vested with the solving of the applications for relocation in the new Civil Procedure Code1, the incidence of a particular situation was ignored: the subsistence of the reasons for relocation also at level of the courts of appeal competent to solve the relocation applications, when the relocation is requested from a court of first instance or a tribunal located in the same locality as the court of appeal, and the legitimate suspicion has sources well-anchored at local level. The High Court of Cassation and Justice was not late in „completing” this omission, by admitting an application for relocation of a relocation process, from the court of appeal in the locality where there were suspicions of lack of impartiality to another court of appeal, contributing, a fortiori, indirectly to the relocation of the substantive litigation to another court, away from the local sphere which did not provide sufficient guarantees of independence of justice.
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If any person can admire his own image without any restriction, then anyone is free to fix his/her image by reproduction in different forms (self-portrait, autosculpture, etc.) and finally the image can be exploited by reproduction (here by the question of whom belongs the product of the image, how it can be exploited, who owns the good in the image, how to exploit its image). The central point of the work is the exploitation of the image of persons and goods. We will try to find out what is the legal basis of image protection depending on its subject. In this way, a leap forward will be made in the legal regulation of the right to image followed by a doctrinal and jurisprudential approach to the law that is invoked to protect the image of the goods. We will also try to capture the need for a distinct right to protect the image of goods by correlating it with the mechanism of regulating the right to image of the individual.
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Perioada dintre rămânerea definitivă a hotărârii de condamnare și reluarea procesului penal, ca urmare a admiterii redeschiderii procesului penal în cazul judecării în lipsă a persoanei condamnate, este luată în considerare pentru stabilirea împlinirii termenului de prescripției. (Judecătoria Târgu Jiu, Sentința penală nr. 2141/2017, definitivă prin neapelare – nepublicată – cu notă critică)
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Soluția legislativă cuprinsă în art. 345 alin. (1) din Codul de procedură penală, care nu permite judecătorului de cameră preliminară, în soluționarea cererilor și excepțiilor formulate ori excepțiilor ridicate din oficiu, să administreze alte mijloace de probă în afara „oricăror înscrisuri noi prezentate”, este neconstituțională. (Curtea Constituțională a României, Decizia nr. 802/2017 – cu notă aprobativă)
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This study emphasizes that, from a substantial point of view, the criteria required to be fulfilled for cataloguing a deed as pertaining to the criminal domain are: the qualification of the deed in the domestic law, the nature of the deed and the purpose and the severity of the sanction. Formally, an official report of finding and sanctioning the contravention which represents at the same time also a criminal charge in the conventional sense must cumulatively include the description of the deed and the presentation of the legal classification. The effect of classifying the report of finding and sanctioning the contravention in the category of the criminal charge in a conventional sense is given by the fact that to the procedure for finding and sanctioning the contravention there are attached its own guarantees of a fair trial. The presumption of lawfulness of the report is compatible with the presumption of innocence only if it respects certain limits, taking into account the gravity of the stake and protecting the rights of the defence. The limits of the presumption of lawfulness of the official report, in the context of protecting the rights of the defence, are: the imperative that the deed be perceived directly, through its own senses, by the fact-finding agent and the exigence not to impose on the person concerned an impossible task, as regards the administration of the proof to the contrary.
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The legislative unification was the main national project of the Unified Romania. The necessity of achieving this project was emphasized starting right with the days immediately following the declarations of unification of the representatives of the three historical provinces (Basarabia, Bucovina and Transylvania) with the Old Kingdom, and the effort for its achievement continued, in a sinuous dynamics, until after the fatidic year 1940. With very few exceptions, the jurists across the country have declared to be in favour of the legislative unification, regardless of the fact that their opinion has been expressed from the chair, in university studies and classes, in the activity of the unification commissions or of the Legislative Council or in the pretorium of justice.
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Neutral power can manifest itself in modern liberal democracies also in the form of autonomous authorities. Their neutrality is based on two kinds of reasons. The first category involves the positioning of the neutral authorities outside the separation of powers in the state, their reactive (not active) political character and their role of balancing the separate powers of the state or of balancing the relations between the state and civil society. They are in the Romanian law authorities with constitutional status. The second category of authorities that call/consider themselves neutral founds its position on the neutrality of the experts in their structure. They have in the Romanian Constitution the status of some atypical, autonomous administrative authorities. Modern states are based on political freedom, i.e. on the liberation of man from objective laws. The expression of this freedom substantiates all the institutional mechanisms of modern constitutionalism. In exchange, the autonomous administrative authorities are set up to release the regulation of certain social mechanisms of political influence. They are not based on modern political freedom. Formed of experts who know the „objective” laws of social development and apply them „scientifically”, these authorities are „objective”. It is thus created a dichotomy: the people or the expert? The increasingly dense contemporary option for the expert can lead to significant risks for the human rights and for the democratic system.
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There are many questions concerning the context in which we witness the entry into force (on 25th May 2016) of the General Data Protection Regulation (GDPR) and its application (starting 25th May 2018). The answers can be numerous: political, sociological, journalistic, etc. However, we choose to analyse from the legal point of view. The GDPR was adopted taking into account the weaknesses that the Directive 95/46/EC has shown, specific weaknesses, in fact, of a EU legal act of this type, compared to the type of regulation. The Directive in question has failed to prevent the fragmentation of the way data protection has been ensured in all EU Member States. Legal uncertainty or public perceptions according to which there are significant risks to the protection of individuals, especially online, have been widespread. It is further added that the differences in the levels of protection existing in the 28 EU Member States, differences due to the transposition and application of the Directive, have sometimes led to a slowdown in the application of the principle of the freedom of movement of personal data within the EU, which may constitute real obstacles to economic activity at this level, distorting competition and preventing authorities from fulfilling their responsibilities under EU law.
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The study analyzes Article 961 of the current Civil Code on the removal of the effects of unworthiness, introduced as a novelty, to the previous regulation. There are analyzed the conditions in which it may be operated a removal of the effects of successoral unworthiness by the express forgiveness. Then, it is analyzed whether or not it may operate the removal of the effects of successoral unworthiness by the tacit forgiveness of the unworthy, with arguments in a negative sense. Within the study it is examined the future of the legacy left by the testator by a testament drawn up after the act of successoral unworthiness has ben committed, whether it has the meaning of forgiveness of the unworthy and of removal of the effects of unworthiness or whether, without having these meanings, it is actually recognized the right of the legatee to collect the legacy left by the testator by a testament drawn up after the act of successoral unworthiness has ben committed.
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Following a critical study of the provisions of the Government Ordinance No 121/1998 on the material liability of the military, the author points out that this normative act is contrary to Article 73 (3) j), Article 118 (2), (3) of the Constitution. The juridical reasoning is based on the standard imposed by the case law of the Constitutional Court in respect of the status of the public officers and of the military staff, the author emphasising the necessity to adopt an organic law/several organic laws to regulate the material liability of the military staff and of the public officers within the Ministry of National Defence, Ministry of Internal Affairs, the Romanian Intelligence Service, the Protection and Guard Service, the Foreign Intelligence Service, the Special Telecommunications Service and the Ministry of Justice.
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For the appeal, which generates, in principle, a new judgment on the merits, given also the finality of exercising the appeal – the nullity of the judgment challenged – it is required another approach to the cases of nullity different than the traditional one in the matter of procedural acts. For the situation of referral of the case for retrial, it is required to argue that it is necessary to specify, in the judgment of referral, where appropriate, the part which is cancelled from the procedure followed by the court of first instance, respectively of the procedural act from which the retrial begins.
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This paper appears as a response to the debate created by the new proposals to amend the criminal codes. I believe that a legal debate should start from the fundamental principles of law and be conducted academically, presenting legal arguments and also knowing the comparative law issues related to the topic debated. This is why this paper offers a historical, current and comparative perspective in terms of recognizing the right to silence to the person being heard as a witness in the criminal trial.
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The extension of the preventive arrest is one of the instruments available to the judicial bodies in order to remove some threats to public order, undermining at the same time a fundamental right of the defendant, the right to freedom. The procedure of extension of the preventive arrest must respect the right to a fair trial, as regulated in the international conventions and the internal provisions. This article analyzes the possibility of breaching the principles of equality of arms and of equality of treatment in the procedure of judging the contestation against the decision to extend the preventive arrest measure.
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Under the old civil law, the registration of a property right in a land registry was a follow-up phase to the fulfilment of the obligation to give, that is, to transfer the property. In that sense, the registration thus carried out was only intended to ensure to third parties the publicity of the legal transaction transferring the right of property, making the new owner known, similarly to other law systems in Europe. Currently, under the Civil Code in force, things have remained relatively under the same conditions. The Civil Code regulated the constitutive system of registration rights in the land registry, but the implementing law postponed those provisions until the completion of the cadastral measurements. However, we consider an apriorical analysis of the constitutive system of rights to be helpful in anticipating and clarifying the legal issues that may arise in the future, but also in determining the legal nature of the interim period between the conclusion of the contract and the time of registration in the land registry, that is to say, until the time of complete fulfilment of the obligation to give. Last but not least, we will analyze aspects of the eventual liability that could be committed because of the faulty fulfilment of the obligation to apply for registration in the land registry, therewith identifying the persons who can apply for the registration and the persons who have to apply for it.
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Acțiunea tatălui de a-l extrage pe fiul său minor dintr-un mediu impropriu dezvoltării armonioase fizice și psihice de la domiciliul stabilit provizoriu de instanța de judecată la mamă nu constituie infracțiunea de lipsire de libertate în mod ilegal, prevăzută de art. 205 alin. (1), (2) și (3) lit. b) C.pen., și nici infracțiunea de nerespectare a măsurilor privind încredințarea minorului, prevăzută de art. 379 C.pen. (cu notă aprobativă).
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This study discusses a novel issue in the field of theory and case law of the criminal law. It deals with the necessity to apply the complementary punishment of prohibiting the exercise of the right to pursue the activity of babysitter in the case of the persons who, acting in this capacity, have committed the offence of theft of goods located in the building in which they had access. The author claims that such necessity exists because, in this way, those persons will no longer be able to commit offences acting in the capacity they had throughout the incidence thereof.
