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This article is aiming to draw attention on several points that could shed light on the meaning of consumer information obligation (CIO) as a particular institution of consumer law. Although a common concept, the consumer information obligation constitutes a complex issue diversely approached in literature. The study focuses firstly on the distinction between CIO in civil law and CIO in consumer law, then on the essence of CIO, its legal nature and the distinction between CIO and the obligation of counselling. There are also analysed from the perspective of specific normative acts the definition, content, practical application as well as the sanctions applied in case of breech of CIO.
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The Decision is presented in extras and the review considers presidential ordinance aimed at suspending the effects of capital market transactions, the admissibility of the application to intervene for lack of proof of representative capacity. We appreciate that the court decision on the substanceof the case is a judicious one, pursuant to the requirements imposed by the article 996 of the New Code of Civil Procedure, however, requires some clarification.
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The alternative to the cumbersome and expensive system of the public court of law can come from the private sector and consists of an arbitration tribunal which is set up, for the first time, in Romania. This tribunal will operate in addition to the regional professional association of the lawyers and judges appointed will be lawyers of good repute who request for this position.
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The fundamental modification of a state represents a very special political and juridical act with major significances and implications in the political social system as in the state’s one, but also at each individual level. That’s why such an attempt needs to be well justified, to answer to some juridical and political social needs well defined, but mainly to correspond to the principles and rules specific to a constitutional and state’s democratic system providing to the state the stability and functionality it needs. In this study we analyze the necessity of such a constitutional reform in Romania, and also some provisions from the report of the Presidential Commission for the analysis of the political and constitutional regime in our country. We formulate our opinions in relation to the justifying some constitutional regulations. In this context, we consider that there are arguments for the maintaining of the bicameral parliamentary system and an eventual revising of the fundamental law needs to consider the measures needed to guarantee the political and constitutional institutions specific to the lawful state.
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: The High Court of Cassation and Justice Decision brings in the forefront the procedural errors created by the simplified procedure provided by art. 320^1 Cod.proc.pen. I.C.C.J. finds the lower courts failure in respecting the same procedural rights regarding the defendant and responsible civil party. But, while the Supreme Court omits the simultaneous existence, the task of both parties, of procedural obligations whose observance presupposes affecting those rights which are criticized as violated. This omission is corroborated with an error which itself I.C.C.J. criticize to the retrial court whose decision is quashed. Although defendant's confession is not queen of proofs anymore, it remains one of the decisive evidence in a complex criminal trial involving more than 300 parts of which only one has a double processual quality.
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As several control criteria – legality, regularity, efficiency, efficacity and economicity - are used by the Court of Audit for identifying potential losses from public funds, their impact on the recovery of such losses is a major incertainty derived from the current drafting of the applicable regulation. Whilst it is clear that any breach of legality and regularity may be the basis of a further loss recovery action, such effect is uncertain if an operation involving public funds is found to be inefficient, or lacks efficacity or economicity. This study explores the application of the general principles of non-contractual liabity in addition to the special norms detailing the legal effects of the control, aiming to provide a clearer interpretation tool for determining the limits of the loss recovery actions.
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Unlike the civil procedure, the criminal procedural process does not permit as far as the framework of judicial trial acts is considered, a semantical equivalence between the notions of trial act and procedural act. Due to the public character of the penal action and the fundamental principle of officiousness in the criminal process, all the activities and trial measures are realized through an intricate of judicial acts. The present article tries to underline the general conditions of the acts through which the criminal procedural activity is realized and roused, regardless of its primary or secondary character. These conditions can be regarded as criteria for the correct establishment of the judicial nature and functionality of judicial acts in the criminal process.
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The effects of marriage are brought under regulation in the Civil Code in Title II entitled "Marriage" Chapter V is dedicated to personal rights and duties of spouses (art. 307-311) and Chapter VI is dedicated to property rights and obligations of spouses (art. 312-372). Also, the Civil Code establishes the effects of marriage in other articles from different chapters. Also, we find some rights and obligations of spouses brought under regulation by rules belonging to other branches of law as follows: the Civil Code contains for example provisions relating to the irrevocability of donations between spouses (Article 937 Civil Code), Law no. 319/1944 in art. 1-5 sets the hereditary vocation of the surviving spouse and his/her right to habitation, etc. Moreover, the effects of marriage are set to rights in some international laws to which Romania is party or has ratified or acceded to, namely: the Universal Declaration of Human Rights (Article 16), the International Covenant on Civil and Political Rights (Article 23 paragraph 4 and art. 24),) International Covenant on Economic, Social and Cultural Rights (art. 10 paragraph 1), etc.2. In relation to the area of people, between whom these effects are produced,3, we distinguish the following types of relations: a. relationship between spouses; b. relations between spouses and their children; c. relations between a spouse and the relatives of the other spouse (affinity relations); d. relations between family members and other natural persons or legal persons. Relations between spouses refer to: a. personal relationships; b. economic relations; c. capacity of exercise.
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A design is deemed to have an individual character if the overall impression it produces on an informed user differs from the overall impression produced on such a user by any design which has been made available to the public before the date of filing the application, or if the priority was claimed before the priority date. According to the special law on the matter, when assessing the individual character, the designer’s degree of freedom in developing the design shall be taken into consideration. According to the fourteenth recital of Regulation No 6/2002 on Community designs, the assessment as to whether a design has individual character should be based on whether the overall impression produced on an informed user viewing the design clearly differs from that produced on him by the existing design corpus, taking into consideration the nature of the product to which the design is applied or in which it is incorporated, and especially the industrial sector to which it belongs and the designer’s degree of freedom in developing the design.
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The increasing popularity of user generated content websites led to the development of a number of new business models. Some of these models pose serious challenges to intellectual property concepts and rights. Certain legal provisions, such as the notice and takedown procedure of the Digital Millennium Copyright Act, help right holders fight infringements; yet, given the scale of production, it is very hard to effectively police the content and efficiently address all infringements. Many recent cases brought to US courts illustrate the complex infringement problems encountered on such websites. In this paper, based on data obtained through an online legal research service, we review a number of such cases to understand the nature and consequences of these infringements. We outline the most important issues raised by this phenomenon and make several recommendations as possible solutions, from education and awareness to adequate technology and legal response.
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In present article we submit to your attention the ways trough which the intellectual property rights are flagrantly violated in an area where this kind of illegality can seriously harm both rights holders and state and last, but not least consumers of such services. By ignoring the law governing copyright of a computer program, operators of gambling slot machine, submit an own responsibility statement for an exclusive or nonexclusive license agreement with the legally authorized metrological institution for electronic games that assigns gains. Infringements of industrial property law with implications gambling serious damage both the rights holder and consumer services of such fun.
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The developments in technology and even the gadgets are a constant challenge to the legislation on copyright. Whether we talkabout the Internet and peer-to-peer, be it upload or download, all revolve around the holder's right to authorize the use of the protected work. The article analyzed the situation of private copying in terms of collecting and distributing levies. Were reviewed the latest problems arose: cloud storage and the "crisis" of collective management. Some solutions are recommended: revitalization of the cultural role of collecting societies, redefining private copying, having in the view also P2P sharing, and the implementation of the recommendations from the Vitorino report.
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According to Law no. 26/1990, concerning the Registry of Commerce, rights over a business name (or firm) are granted by registration of the business name with the Registry of Commerce. Being a right that is granted by registration and not by means uf usage, the right normally belongs to the first to file for its registration. This in turn leads to the need for an ex ante verification of the business name meeting the conditions for registration, as provided by law. This procedure, although not expressly detailed by the provisions of the law itself, is very important since legal certainty can only be achieved and maintained by the consitent and verifyable application of the rules prescribed for the acquisition of the right in a business name. The first part of this paper deals with the necessity of the reservation of the business name prior to the registration of the company and details the way in which the availability of the business name seeking registration is ascertained. The focus of this part is on the effects the check on the availability produces on the applicant in light of the meaning(s) we determine for the term (availability) and the interferences these meanings cause with other industrial property rights such as rights in trademarks and trade names.
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The study focuses on the analysis of the norms that regulate the subjects and the object of the protection of the topographies of the semiconductor products from the perspective of the Law no. 16/1995 with the further modifications and of the respective regulations from the Civil Code (Law no. 287/2009). The author reveals some aspects that were incoherently or ambiguously regulated as regards the approached topic and highlights the absence from the content of the special law (Law no. 16/1995) of some provisions misplaced in the Norms of application of this law. At the same time, in order to avoid the confusions in the analyzed case, the author formulates de lege ferenda proposals, in the view of eliminating the identified legislative imperfections.
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The core elements of the recommendations are to clarify that copies that are made by end users for private purposes in the context of a service that has been licensed by rightholders do not cause any harm that would require additional remuneration in the form of private copying levies, also that levies should be collected in cross-border transactions in the Member State in which the final customer resides, and the fact the liability for paying levies should be shifted from the manufacturer's or importer's level to the retailer's level while simplifying the levy tariff system and obliging manufacturers and importers to inform collecting societies about their transactions concerning goods subject to a levy, or alternatively, clear and predictable ex ante exemption schemes should be established. In the field of reprography, the core elements of the recommendation, are set on the fact that more emphasis should be placed on operator levies than on hardware based levies. Regarding the final customers, the levies should be made visible for them, and as regards the negociation procedures, there is a need to provide a procedural framework that would reduce complexity, guarantee objectiveness and ensure the observance of strict time-limits.
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The aesthetics of advertising is one of the basic as yet unresolved problems of the protection of historical monuments in Poland. Its reference involves imprecise legal regulations. Heretofore legal studies discussed this issue from the viewpoint of other research levels, a process which the presented article also takes into consideration. Within this context, the author considers conservation rights justifying the official intervention of public administration organs. The voivodeship conservator of historical monuments is only one of the subjects co-shaping the aesthetic image of individual historical objects and entire historical areas. Furthermore, conservation intervention is performed upon the basis of premises other than those which entitle remaining organs of governmental and self–government administration to enter the sphere of subjective rights.
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On May 17, 2010 the Supreme Court of United States ruled on Abbott v. Abbott, 2010 S.Ct 1983 providing its interpretation of 1980 Hague Convention on the Civil Aspects of International Child Abduction. The Supreme Court resolved conflicting appellate courts opinions on the matter of ‘ne exeat’ clause arguing that ‘ne exeat’ rights are the rights relating to custody of the person of the child within the meaning of Article 5(a) of Hague Convention and if those rights are violated, the child should be returned to his country of habitual residence. The minority opinion contains consideration that ‘ne exeat’ right is only a right of access. Thus, the noncustodial parent cannot demand return remedy. He or she can only seek assistance in carrying out his or her rights to see the child. Having in mind that the Supreme Court’s ruling may strongly influence relevant international case law this Article reviews the facts and holding of Abbott v. Abbott and concludes that Supreme Court decision is inconsistent with the object and purpose of Hague Convention.
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