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The modalities of the obligations, the time limit and the condition, are of several types and with different legal regimes (Articles 1004–1025 of the former Civil Code, respectively Articles 1399–1420 of the new Civil Code). The legal regime of these modalities is generally known by jurists, the modalities being frequently encountered both in the domestic and international commercial activity, as well as in the judicial practice and in the arbitration one. We do not intend to examine the legal regime of these modalities, with problems too rich for a simple review study, but only to question the purely potestative condition (Article 1009 of the former Civil Code and Article 1403 of the new Civil Code), which, as a rule, does not produce legal effects. However, there are, admittedly, rare cases in which such a condition still produces legal effects. We encountered such a case on the occasion of some international rental contracts, for which we were requested a legal opinion, and we considered that it would be useful that the legal issues raised by the case to be brought to the knowledge of the practitioners of the law.
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This article examines the fiduciary property through a historical and comparative analysis of the legislation and doctrine of Québec, France and Romania. The contemporary fiducia ought not to be confused for the Roman fiducia, whose name it borrowed. As a result of the reception of the Anglo-American trust in the mixed legal system of the Canadian province of Québec, the fiducia has been the subject of subsequent legal transplants into the continental tradition. The Romanian legislator, inspired by its French counterpart, took over the restrictions brought to the fiducia in said legal system. In the matter of real rights, this legislative option also meant the rejection of the doctrine of an ownerless patrimony, an innovation of the legal system of Québec, in search of a continental instrument to replace the division of title between the legal holder (trustee) and the equitable one (beneficiary), as enshrined in the Common Law tradition. Commenting on the solutions proposed within French legal literature (including the classification as a method of ownership or even as a result of dismemberment), the author argues that only a combination of them may fully explain the mechanism of the fiduciary ownership. In essence, the fiduciary owner acts like a true owner, but by virtue of a title held under a resolutive condition, while the beneficiary enjoys a virtuality of law in his capacity as an owner under a suspensive condition. However, the constraints to which the right of ownership transferred to the trustee is subject, in terms of its exclusivity and perpetuity, may be explained by the fiducia contract itself, the effects of which are assimilated to the conventional limitation operated, for example, through an inalienability clause. In other words, the fiduciary owner may be considered an owner under a resolutive condition, yet he remains subject to the conventional limitations brought upon by the very nature of the fiduciary operation.
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Located within Chapter VI of the Criminal Code that criminalizes criminal offences against the person’s freedom, the criminal offence of threat provided by Article 206 appears on the background of the protection of the mental freedom of persons. The thorough analysis of the crime will reveal some aspects regarding different theories of interpretation of the law that can be objectified also in practical situations. Also, the interpretation of the criminal offence highlights certain aspects regarding the fear of the person, the manner of committing the crime, the threat of a harmful act, the correlation with the crime of outrage and judicial outrage, as well as some differences from the crime of blackmail. Therefore, in the framework of highlighting some opinions or observations on them, it can be delimited the offence of threat much easier compared to other offences, but it can also constitute a useful legal instrument during the stages of criminal liability of the offender, as well as for the improvement of the text of law by the legislator.
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The insurance market in Romania is an extremely complex field of legal regulation, which involves not only the observance of the principle of fair competition between the professional competitors, rivals on the market, but mostly the observance of some high standards of consumers’ protection, which are in a net inferiority ratio from a financial, informational and organizational point of view, in comparison with the policy issuers covering the compulsory civil insurance. From this perspective, the withdrawal of the operating authorization and the initiation of the bankruptcy procedure against the Insurance-Reinsurance Company City Insurance – S.A. raises a series of big problems for the clients of this insurer, not only from the point of view of the contractual relations established by the insurance contract, but especially through the procedural mode of action on the part of these consumers, so that the protection of their rights be full, as well as that the effects of the opening of bankruptcy procedure against City Insurance be mitigated, as much as possible, in relation to the already precarious situation of these clients. We intend, through this study, to highlight a series of pressing legal issues and to propose a series of solutions to the legal, substantive or procedural issues that arise from the withdrawal of the authorization of this important player on the insurance market from Romania. Thus, those entitled to recover the expenses occasioned by the repair of the cars involved in road accidents caused by the clients of City Insurance – S.A. have the way opened for a special and accelerated procedure for the recovery of these damages, without waiting for the opening of the bankruptcy procedure against this insurer and the registration in the amount of claims, extremely laborious and time-consuming legal procedures, which raise problems for the consumers who are victims of traffic accidents, and also for the clients of the insurance company who could see themselves engaged in legal actions intended to lead to the compensation of those injured in road accidents and that would endanger their personal patrimony, although they appear as contracting parties and beneficiaries of some perfectly valid RCA policies on the date when the damage was caused.
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Europe’s vision for 2030 relies on the impact of European and international actors’ policies on European local and regional governments while strengthening their local autonomy with a view to make it evolve their role and, why not, saving the European project. Local governments are the most able to exercise much more powers over their territories and to take responsibility for their execution; as for the Nation-State, it must be more focused on its roles as controller and evaluator of the local public action. In addition, local and regional governments can provide the necessary solutions that Nation-States cannot solve alone; to save money those international institutions impose. In order to solve the challenges of our time, a special attention is paid to state reform, the status of local public officials (dealing with issues related to basic public services) and the evaluation of the local public action by fighting against the formulas of the privatization of public action, while promoting, but framing them, the public-private partnerships.
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The study approaches from an interdisciplinary perspective the problems generated by alcohol consumption while driving. The perspectives from which this problem is viewed are both the legal one and the psychological one, but the analysis is also based on statistical data. These data are capitalized in the sense of observing the particularities involved by this phenomenon, by reference to the age categories that are most often found in known statistics, but are also compared with the way in which the issue is regulated in the legislation of other states. All these elements are likely to lead to the conclusion that the national legislation governing sanctions or limits on alcohol consumption in the context of driving a vehicle on public roads requires significant improvements.
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The present study aims to detect the type of disputes that may arise during the conclusion, execution and cessation of public procurement contracts, as well as the specificity of the procedure applicable to these disputes. To that end, the premise of our approach is the distinction between the disputes concerning the award, conclusion and nullity of the contracts in question, which fall within the category of administrative disputes, on the one hand, and the disputes concerning the performance and cessation of those contracts, which are part of the scope of civil disputes, on the other hand. The conclusion of the study is that the procedure applicable to each of these categories of disputes has a mixed character (of public law and of private law) in which the weight of special rules differs depending on the nature of the disputes to which we refer.
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The Romanian State assumed by the New York Convention adopted on 10 June 1958 only the obligation to recognize and ensure the enforcement of foreign arbitral awards in the situation where the foreign arbitral award is pronounced on the territory of a signatory state of the Convention, and the dispute which has been settled by the respective foreign arbitral award may be qualified as being commercial by the national legislation. We appreciate that the Romanian State complied with this obligation by ratifying the New York Convention, by the Decree No 186/1961, and we emphasize, in this context, that the respective Convention is binding on the Romanian State only with regard to foreign arbitral awards that fall within its scope of application. Thus, for the foreign arbitral awards that do not fall within the scope of application of the New York Convention, the Romanian State is not bound by any conventional obligation, the state having the freedom to regulate legal provisions other than conventional ones regarding the recognition and enforcement of foreign arbitral awards. Consequently, the existence of some domestic legal provisions contained in the Civil Procedure Code, other than the provisions of the New York Convention, on the Recognition and Enforcement of Foreign Arbitral Awards, is in no way likely to engage international responsibility of the Romanian State, since, as we noted in this study, the Romanian State complied with its conventional obligations assumed by the conclusion of the New York Convention, even the provisions of the mentioned Convention (Article 7.1) allowing the existence of some national provisions other than conventional regulations, since only in such a hypothesis there is the possibility of invoking by the interested person the more favourable national provisions (if the normative provisions were identical, in no case could the problem of applying some more favourable legal provisions be raised).