PRIKAZ KNJIGE: John Bolton THE ROOM WHERE IT HAPPENED (A WHITE HOUSE MEMOIR) Simon & Schuster, New York, 2020.
Review of: John Bolton, THE ROOM WHERE IT HAPPENED (A WHITE HOUSE MEMOIR) Simon & Schuster, New York, 2020.
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Review of: John Bolton, THE ROOM WHERE IT HAPPENED (A WHITE HOUSE MEMOIR) Simon & Schuster, New York, 2020.
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The idea of this study started from the finding that, in the Romanian doctrine in the field of intellectual creation, there is unanimity as regards the legal nature of the assignment agreement of the property copyrights and its types, as they are regulated by Law no. 8/1996 on the copyright and the related rights. Without a fundamental argument, it is claimed that these are methods of the lease agreement and consequently, the general provisions regarding the lease (Article 1.777-1.823 of the Civil Code) shall be applicable to them, with a role of common law. As regards us, aside from this doctrine sentence, we have tried to demonstrate that, except the agreement for work renting, the other types of the assignment agreement are methods of the other agreements governed by the Civil Code. To this end, the classical example is that the lending of the work, and for this reason we considered that, in the context, we should present its particularities. Moreover, in the absence of a rule of reference, the assignment agreement itself (generally) cannot be qualified as a method of the lease, but a contract with a special design (sui generis).
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The present case raises at least three issues of law: in order to represent a writ of execution, the legislator takes into account the legal regime of the provider, respectively it refers to companies being under the management, coordination, control and responsibility of the public administration authorities or to all types of companies providing public utility services; the invoice represents a writ of execution if only issued by companies managed, coordinated, controlled and under the responsibility of the public administration authorities or the invoice represents a writ of execution for all types of services of public utilities, no matter the ownership form of the services provider. We conclude that the legislator considered the fact that the invoice represents a writ of execution for all types of public utility services, no matter the form of organization of the services provider. This conclusion is based on several categories of arguments, respectively: legal arguments; arguments arising from the decisions of the Constitutional Court regarding this legal issue; arguments of doctrinal and practical nature, as well as arguments arising from the provisions regarding the provision of a uniform judicial practice.
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The Law is, by its nature, in a continuous adaptation to the needs of the society, presenting incessant interest the synchronization of the concepts, institutions and legal reasoning in the correct form to the practical aspects. The assignment of debt in the relation to bank credit agreements reprezent a topical and interesting issue, especially since we have in mind the large number of enforcement proceedings that take place or continue at the request of the assignees. The legal approach triggers a real mechanism likely to alter the essential attributes of the enforcement procedure. In the present study we intend to treat the issue of the quality of creditor of the assignee, respectively the one regarding the preservation of the executory power of the title.
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The creditor’s option to enforce or not a non-final enforceable judgment is not likely to affect its right to obtain enforcement, in terms of limitation of the right to obtain enforcement, since according to art. 706 para. (2) of the Code of civil procedure, as regards judgments, the limitation period shall begin to run from the date they remain final. Compared to the situation of enforcement of an enforceable judgment not being final, we find that the arbitral award notified to parties is final and likely to be enforced, as resulting from Article 615 of the Code of civil procedure setting forth that the arbitral award represents a writ of execution and is enforced just as a judgment. Therefore, by reference to Article 606 of the Code of civil procedure, the arbitral award shall become final upon its communication, and the limitation period of the right to obtain enforcement starts to run, in virtue of Article 706 para. (2) of the Code of civil procedure, even if the action for annulment was filed against the respective arbitral award.
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Nowadays article 729 paragraph (7) from the Romanian Code of Civil Procedure provides that special-purpose allowances, established by law, cannot be seized for any kind of debt. Also, in the case of garnishment, some categories of amounts listed in article 781 paragraph (5) from the same normative act cannot be subjected to forced execution. Therefore, also taking into account the recent jurisprudence of the High Court of Cassation and Justice as well as some elements of comparative law, this short study aims to analyze the evolution of the legal framework on these amounts which have a fully unattachable nature.
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The article examines the compatibility of the legal provisions regarding the determination of the jurisdiction of the enforcement court with those regarding the optional territorial jurisdiction. Arguments are made in favour of the interpretation that optional jurisdiction is applicable only in litigation. Therefore, in non contentious proceedings, such as the approval of forced execution, the competence will return, in all cases, to the enforcement court, while in the case of enforcement appeals or other incidents or contentious requests, the provisions of art. 127 para. (1) and (2) in the Code of civil procedure become applicable, depending on the procedural position of the subjects mentioned in it.
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The class actions are a mechanism that functions in several Member States of the European Union and represents generally a legal way to render easier the access to the justice by a higher number of consumers whose rights are damaged or suffer from material losses. In the Czech Republic in the present time there is a draft of law that should introduce the legal institute of class actions into the Czech legal order. This article intends to analyse the most important principles of the system of class actions and its functionning in the Czech Republic according to the draft of law as well as its compatibility with the system of class actions in preparation in the European Union.
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Mediation in the Republic of Moldova after almost 12 years since the adoption of the Law on mediation no. 134/2007 (entered into force in 2008), modified by Law no. 137 of July 3, 2015, had appeared as an alternative extrajudicial defense procedure with a benevolent and bilateral character, which aimed to effectively resolve disputes between the parties. The purpose of the new law on mediation was and is, moreover, to improve the efficiency of the activity of mediators and to stimulate the appetite of the parties, involved in a conflict, by appealing to the institution of mediation, thus clearing the courts. If the litigation in court is the traditional form of dispute settlement, based on the action being brought before the courts where the judge listens to the parties' arguments regarding the interpretation of the law applicable to the respective case and then decides in favor of one of the parties, the mediation comes to overturn the prejudices that a court decision is more valuable or that justice can only be obtained in the court. In the context of the Law on mediation, the Supreme Court of Justice of the Republic of Moldova came up with a series of legislative proposals to establish mandatory judicial mediation, as an indispensable way of prior and amicable settlement of disputes. As a consequence, the Law no. 31 ”To supplement the Code of Civil Procedure of the Republic of Moldova no. 225/2003 ”, which was aimed at promoting the institution of judicial mediation, having completed the Civil Procedure Code with chapter XIII1“ Judicial mediation ”(art. 1821 1825). Thus, judicial mediation and extrajudicial mediation develop together, constituting the two fundamental components of 21st century justice. Judicial mediation and extrajudicial mediation pursue different goals, which, however, converge towards a common goal: to solve, through synergy, timely conflicts, in a satisfactory and economical manner. Mediation is perfectly suited to disputes that have resisted all other forms of out of court settlement. Through mediation, the parties are brought in to resume their dispute and to try to resolve it according to their interests. The multitude of legal, financial, psychosocial aspects and, in particular, regarding the duration of the conflict resolution through justice, as well as the emergence of the "institution of the mediator" make the mediation, in its capacity as an alternative for the modernization of the judicial system in the Republic of Moldova, to be a particularly complex one. Judicial mediation has a flexible character, is fast and focused on amicable settlement of the dispute, it removes various shortcomings of the adversarial system and represents a powerful alternative to a process that resolves and less reconciles. In judicial mediation, the parties have the prerogative of admitting or rejecting any amicable settlement of the dispute, the judge having only the role of assisting and facilitating the parties' discussions, treating them from a neutral position, while the parties have an active role in resolving the dispute. The institution of mediation was created to improve the judicial system in a constructive way, not to replace the traditional litigation in court. The parties may use the mediation process before or during the litigation in court to prevent a civil action, or to prevent a decision that will not be accepted by at least one of the parties.
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