-
Prin cererea de chemare în judecată adresată Judecătoriei Constanța la data de 11 iunie 2018, contestatorul S.P. în contradictoriu cu intimata Direcția Generală Regională a Finanțelor Publice Galați – Administrația Județeană a Finanțelor Publice Constanța a solicitat instanței să dispună anularea executării silite înseși și a actelor de executare silită subsecvente, inclusiv Somația din data de 30 martie 2018 și Titlul executoriu din data de 30 martie 2018 emise în Dosarul de executare xx, respectiv să oblige intimata la plata cheltuielilor de judecată. -
The relatively recently legal notion of imprevision brought under Romanian regulation by the new Civil code that came into force October 1st, 2011, is expected to be subject of numerous specialized analyses in order to clarify the various aspects that make up its identity, characteristics and effectiveness. Following the purpose described here-above, this study aims especially at conjugating the theory of imprevision with the copyright transfer agreement. The article hereafter contains standpoints and de lege ferenda suggestions in relation to the party entitled to institute the legal proceeding relative based upon the imprevision theory, the criteria to be observed in order to adopt a solid legal settlement in this respect, the contracting parties and the court’s role in interpreting and applying the imprevision theory. -
The interest loan is a form of the consumption loan, having as legal grounds, mainly, the provisions of the new Civil Code, art. 2167-2170. This agreement is presumed onerous, the borrower having the obligation to pay, in due time, an amount of money or other type of goods, as interest, representing the equivalent amount of using the borrowed capital. The legal regime of the agreement, including of the generating interest, in its diversity of types, forms the object of the analysis of this study, conducted both according to the common and special provisions of the new Civil Code and in the light of the special legislation, the Government Ordinance no. 13/2011. -
Within the framework of study hereby, the institution of the Romanian President’s immunity under the Criminal Law is subject to review. Observing the constitutional legislator’s option, first there are set under review the material and temporal limits of the procedural immunity. In this context, there are put forth some novel problems such as summoning the President as a witness or the scope of immunity in the case of civil and tort liability. In relation to the substantive law immunity, it is reviewed the rationale of the institution, and then its substantive limits are detailed: the presidential powers are identified, i.e. there are brought to the attention some controversial assumptions such as granting and revoking the conditional pardon, or views expressed by the President in another frame than the official one. -
-
Law no. 230/2007 on the establishment, organization and functioning of the owners’ associations, stipulates in art. 15: “Subject to a 5-day notice, the owner is obliged to accept the access to its apartment or to its space of a representative of the association, when it is necessary to inspect, repair or replace elements in joint ownership, which can be accessed only from the given apartment or space. Emergency situations, when access is possible without notice, shall be exempted”. In the above study, the author initially examines this text in relation to art. 27 of the Constitution of Romania regarding the inviolability of the home. Further on, he examines the requirements imposed by the same text for its legal enforcement; the situations in which the owner’s refusal to allow access – although the legal requirements are met – is an abuse of right and, in the end, other legal possibilities for the association dealing with the owner’s unjustified refusal to allow access. -
In this study, the author fights – with arguments – an opinion that remained isolated in the Romanian civil law doctrine (an opinion according to which art. 32, paragraph 1 of Law no. 18/1991, republished on 5 January 1998, a text according to which certain categories of terms, assigned according to art. 18 paragraph 1, art. 21 and art. 43 of this law, cannot be transferred for 10 years to the company from the beginning of the year following the year in which the registration of the property was made under the penalty of absolute nullity of the deed of transfer would have been abrogated by Laws no. 54/1998 and no. 247/2005). -
In this study the authors intended to investigate the procedural rules specific to the judicial control of the acts issued by the public authorities in the matter of restitution of properties taken over by the State during the communist regime, as well as the processual guarantees enjoyed by the persons concerned for the effective exercise of the right to a fair trial and the right to respect the goods regulated by Article 6 paragraph 1 of the European Convention on Human Rights and, respectively, Article 1 of Protocol No 1 to the Convention. During this scientific process, the authors have identified the shortcomings of the legislation in the matter and have formulated de lege ferenda proposals for complying with the Pilot-Judgment of the European Court of Human Rights in the Case Maria Atanasiu and others against Romania, whereby it has been decided that the Romanian State takes measures to guarantee the effective protection of these rights. The proposed legislative amendments have as purpose to re-open access to justice for the eligible persons, in compliance with the requirements of ECHR law, in the cases where public authorities refuse to resolve their requests for restitution of buildings abusively taken over by the State.
-
On the strength of Art. 322, item 4 of the current Romanian Civil Procedure Code, the review of a decision that remained final in the appeal court or through the fact that no appeal was submitted against it, as well as the review of a decision issued by a recourse court (when the merits of a case is invoked) may be requested, inter alia, also if “a judge, witness or expert who took part in the lawsuit received a final conviction for any crime regarding a case or if a decision was issued on the strength of a writ that was declared false during or after the lawsuit or if a magistrate received a disciplinary penalty for exercising his office in bad faith or with gross negligence in that case”. The author is discussing in this study the manner in which a civil court must proceed if, at present (for the reasons provided by the criminal law), the perpetration of the abovementioned crimes can no longer be ascertained under a criminal decision. -
In this article, the author analyzes the legal nature of the Constitutional Court, a political jurisdictional authority of jurisdiction, whose role consists mainly in controlling the constitutionality of laws and of other acts adopted by the Romanian Parliament and by the Government. The Constituent Assembly of 1991 opted for the institutionalization of the European model of constitutional jurisdiction, according to which a body independent in relation to the powers of the State assumes the role of guarantor of the supremacy of the Constitution. The constituent legislators have preferred to abandon the control of the constitutionality of laws enforced by the supreme court, which was established by the Fundamental Law of 1923. In the constitutional architecture of the Romanian State, designed after the change of the political regime at the end of 1989, the Constitutional Court is a political-jurisdictional body whose legal nature derives from the way in which it is organized and structured, as well as from the attributions conferred to it by the Constitution. At the same time, the Constitutional Court also appears as a regulating body of the public authorities with governing powers in the state, which it obliges, through its decisions, to return to the constitutional legality. The author highlights both the political and the judicial nature of the Constitutional Court and shows that there must be a balance between the two essential characteristics of this public authority, in order for it to fulfil its constitutional role in a complete independence and impartiality and not to transform itself into a political tool for solving the relations between powers, especially between the legislative power and the executive power, which should benefit to one or another of the political actors.
-
In Romania there is a special regulation (Government Ordinance no. 79/ 2003) on the control and recovery of Community funds and related co-financing funds misused. In the study hereby it is undertaken a presentation and an analysis on the penalty-related legal liability covered by this particular regulation. -
Înalta Curte reține că aprecierea asupra incidenței în cauză a Deciziei nr. 369 din 30 mai 2017 a Curții Constituționale nu încalcă principiul egalității în fața legii ori pe acela al nediscriminării cetățenilor aflați în situații juridice similare și nu reprezintă o denegare de dreptate, ci este consecința principiului aplicării în timp a efectelor juridice pe care o astfel de decizie le dobândește de la momentul publicării ei în Monitorul Oficial al României, fără încălcarea neretroactivității, un alt principiu constituțional. Atunci când hotărârea judecătorească nu se circumscrie sferei de aplicare a unei asemenea decizii nu înseamnă că prin aceasta se încalcă drepturi procesuale fundamentale, ci se procedează la respectarea unor principii și norme imperative, general obligatorii, menite tocmai să asigure garanții procesuale la care recurenta-pârâtă face referire.
