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DECLARAREA JUDECĂTOREASCĂ A MORŢII

Author(s): Petrică Truşcă / Language(s): Romanian Issue: 02/2013

The legal capacity to use of individual ceases with the cessation of that person. According to realities, civil law regulates the establishment of the date of death for the two possible hypotheses: hypothesis of physical death observed directly (by examining the body), in case of a natural cause of death and in case of a violent cause of death and disappeared hypothesis, in which case it is not possible to examine the body, although the person's death is certain or almost certain, this assumption is applied to the missing person and the legislature created the institution of judicial declaration of death.

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CONSIDERAŢII PRIVIND ACŢIUNILE POSESORII

Author(s): Mara Ioan,Ion Iorga / Language(s): Romanian Issue: 02/2013

Possession as a de facto control is directly defended by the actions of the possessors against all disturbances caused by third parties. The regulations of the Civil Code and the new Code of Civil Procedure make important changes in this area, but without exhausting the problems posed by previous doctrine and jurisprudence.

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STUDIU ASUPRA LEGII APLICABILE CAMBIEI ÎN DREPTUL COMERŢULUI INTERNAŢIONAL

Author(s): Aida Diana Dumitrescu / Language(s): Romanian Issue: 02/2013

The material elaborated entitled "Study on the applicable law in international trade law for the bill of exchange" contains a gradual structure that starts from the necessity of placing into the legal landscape concepts as "titles of values”, "effects of commerce" and "bill of exchange”, develops the problem of domestic and international regulations on the law applicable for the bill of exchange and concludes on the topic in question. The core of this study is represented by comparative analysis of rules on the law applicable to the bill of exchange, made by reference to the provisions of the Geneva Convention (Convention including uniform law on bills of exchange and promissory notes, 1930), the UNCITRAL Convention from New York (United Nations Covent on international bills of exchange and promissory notes, 1988) and the Romanian civil Code.

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SCURTĂ INCURSIUNE ISTORICĂ CU PRIVIRE LA STATUTUL FEMEII CĂSĂTORITE

Author(s): Laura Maierean,Paul Baltateanu / Language(s): Romanian Issue: 02/2013

Gender equality must be a central objective of any Democrats who want to take action that views women and men enjoy the same weight and influence. A true advocate for women's rights mean to tend to a company to show generosity and tolerance that can create full and equal civil rights for all.

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PARTICULARITĂŢILE CONSIMŢĂMÂNTULUI ÎN MATERIA CONTRACTULUI DE CREDIT PENTRU CONSUM

Author(s): Dana Simona Arjoca / Language(s): Romanian Issue: 02/2013

L’Ordonnance d’urgence du Gouvernement nr. 50/2010 relative aux contrats de crédit pour les consommateurs définit, dans l’art. 7 alin. 2, le contrat de crédit à la consommation comme « un contrat par lequel un créditeur accorde, promet ou stipule la possibilité de donner à un consommateur un crédit sous forme de remise de paiement, prêt ou d’autres facilités financières similaires, sauf les contrats pour la prestation de services d’une manière continue ou pour la fourniture des biens semblables, lorsque le consommateur paie en tranche durant leur fourniture », en prenant la définition de la Directive nr. 2008/48/CE et en ajoutant l’hypothèse de la stipulation, par les parties, dans le contrat, des possibilités de donner un crédit, à l’avenir, en fonction de l’accomplissement de certaines conditions. Les règles de droit commun s’appliquent aussi en ce qui concerne le consentement et le crédit à la consommation, mais grâce à ce contrat et à la nécessité de protéger le consommateur on a mis en place certaines règles spécifiques, applicables seulement dans ce cas.

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PRESCRIPŢIA ACHIZITIVĂ ÎN DREPTUL ITALIAN

Author(s): irina Guţă / Language(s): Romanian Issue: 02/2013

Acquisitive prescription represent the legal institution through the medium of witch is acquired the property (or other real rights such as right of superficies, right of usufruct, right of use, right of habitation, right of easement and the right of emphyteusis), under continuous possession for a certain period of time, period witch varies depending of the nature of the goods forming the subject of possession, and, depending on the existence of certain elements such as good faith, transcription, unaffected by the revocation or invalidation title.

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DAUNELE MORALE. PROPUNERE DE CRITERII PENTRU PREJUDICIILE MORALE

Author(s): Doina Preotu,Marius Pantea / Language(s): Romanian Issue: 02/2013

The principle that governs the field of paying moral prejudice is a fair one, and the problem is not to apply this principle but to quantify the prejudice and to identify the criteria in order to do that. This article comes with a proposal for changing the law which is based on principles and rules already used in the EU and which may be applied in our country as well.

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INFRACŢIUNEA DE VIOLARE A SECRETULUI CORESPONDENŢEI ÎNTRE CODUL PENAL DIN 1968 ŞI NOUL COD PENAL. DREPT COMPARAT

Author(s): Corina Scarlat / Language(s): Romanian Issue: 02/2013

„Secrecy of letters and all other forms of free correspondence or communication shall be absolutely inviolable. The guarantees, under which the judicial authority shall not be bound by this secrecy for reasons of national security or for the purpose of investigating especially serious crimes, shall be specified by law”.

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REGLEMENTĂRI EUROPENE INCIDENTE DOMENIULUI JOCURILOR DE NOROC. DIRECTIVA 98/34/CE A PARLAMENTULUI EUROPEAN ŞI A CONSILIULUI, DE STABILIRE A UNEI PROCEDURI PENTRU FURNIZAREA DE INFORMAŢII ÎN DOMENIUL STANDARDELOR ŞI REGLEMENTĂRILOR TEHNICE

Author(s): Marius Pantea,Odeta Cristinela Nestor / Language(s): Romanian Issue: 02/2013

The norms that regulate the industry of gambling in Europe are subject to Community provisions so that each change to the legal provision in the field has to be announced by a notification according to Directive 98/34 EC of the European Parliament and the Council from 22 June 1998. It establishes a procedure to give information regarding the technical standards and regulations to the other Member States which have the possibility to formulate opinions regarding the legality and the possible breaches of the European law in the field of services. This article deals with the legal and technical issues that have to be complied with by the EU Member States when they change the legal framework in the field of gambling, even if this field is a state monopoly.

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O PERSPECTIVĂ ISTORICĂ ASUPRA REGLEMENTĂRILOR CIRCUMSCRISE CRIMINALITATĂŢII INFORMATICE

Author(s): Irina Slabu,Laurențiu Giurea / Language(s): Romanian Issue: 02/2013

Nowadays, cybercrime is not only a complex matter of national interest, but also a specific element for almost any type of crime committed at the international level. It is like an octopus whose tentacles embrace all layers of the society. Unfortunately, it is a growing problem and specialists seem to be unprepared to face this challenging and profitable phenomenon. All we need is a strong international cooperation and updated legislation in order to fight against organised groups involved in cybercrime.

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CONSIDERAŢII GENERALE PRIVIND CORUPŢIA

Author(s): Ligia Stancu / Language(s): Romanian Issue: 02/2013

The enhancement of corruption and mismanagement of public resources, which generate social inequities and the proliferation of the underground economy represent an aspect linked to the vulnerability of the internal situation of the state. Corruption brings into discussion both the general state of morality within a society and the effectiveness of the elements with a moral influence (family, school, church, organizations, media). Thus, we may not ignore the moral influence of some factors outside the country (import of morality or immorality).

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UNELE ASPECTE PRIVIND CLASAREA ŞI RENUNȚAREA LA URMǍRIRE PENALǍ

Author(s): Mihai Olariu / Language(s): Romanian Issue: 02/2013

According to the New Criminal Law, the waiver of the prosecution is a measure which can be taken by the prosecutor, in case of criminal offenses having as criminal sanction the payment of a fine or imprisonment for a period of up to 7 years, as long a s he can prove that there is no public interest in continuing the investigation, based on the criminal act content, the way and means of acting, the purpose and particular circumstances, the consequences of such a conduct, obtained or potentially obtainable.

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ASPECTE PRIVIND RELUAREA URMǍRIRII PENALE ÎN CONFORMITATE CU PREVEDERILE NOULUI COD DE PROCEDURǍ PENALǍ

Author(s): Mihai Olariu / Language(s): Romanian Issue: 02/2013

Resuming prosecution is the criminal proceeding act consisting in reopening the investigation in case: (i) The cause of prosecution dismissal is no longer existing, the preliminary chamber judge ordered the restitution of cause, the reopening of the criminal case has been ordered, (ii) None of the situations preventing commencement of the criminal proceedings exist. Reopening of prosecution is an exceptional criminal measure, meant to bring the criminal proceeding on a normal flow, by reactivation of criminal investigation, in those specific situations provided by the law.

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STATUTUL JURIDIC AL PARLAMENTARILOR EUROPENI

Author(s): Nicoleta Diaconu / Language(s): Romanian Issue: 01/2014

The European Parliament is the voice of united nations in the European Union, being constituted by free, direct and democratic. Uses and the European Parliament is the institution that provides the widest representation of European citizens. The role and importance of the European Parliament involves a high degree of responsibility of MEPs, they benefit from a wide range of rights and privileges in the exercise of their functions in good condition.

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SOLUȚIONAREA PAŞNICĂ A DIFERENDELOR INTERNAȚIONALE ÎN CADRUL ORGANIZAȚIILOR INTERNAȚIONALE REGIONALE

Author(s): Nicolae Purdă / Language(s): Romanian Issue: 01/2014

Regional international organizations have an important role in the peaceful settlement of international disputes. Through institutional means at their disposal, they can do best answered by their members, and at the same time have the most appropriate and efficient means of imposing seeking / accepting a fair solution to those members involved the dispute.

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ASPECTE PRIVIND CONDUITA FISCALĂ

Author(s): Alice Cristina Maria Zdanovschi / Language(s): Romanian Issue: 01/2014

The present paper seeks to find common ground between the conduct of the fiscal legal report subjects, the State through its representative institutions and the taxpayer and “happiness”, or otherwise said, the “happiness” of the entire society, considered to benefit from the administration of public funds. And in order to fulfill its objective, the paper will present some aspects regarding taxation, fiscal policy, fiscal pressure, fiscal equity, the phenomenon of tax evasion, fiscal abstinence. The present work ends by presenting two concepts viewed as important for the “happiness” of the society regarding the administration of public funds, related to the conduct of the fiscal legal report subjects, meaning: the liability of public power and the reversibility of taxes.

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RAPORTUL DINTRE RESPONSABILITATE ŞI RĂSPUNDERE JURIDICĂ

Author(s): Irina Loredana Voicu (Stănculescu) / Language(s): Romanian Issue: 01/2014

The concept of moral responsibility was claimed and is more common in everyday life as corporate social responsibility, but the science of law has taken the creative features of this concept, adapting it to the specific object of his research. At some point we may equate these two expressions, yet the responsibility is or should be a pre‐existing liability applies especially true when referring to the law as liability in the legal sense is a consequence resulting from the failure or improper performance of a legal obligation. Responsibility is not the same legal responsibility for the latter, is a legally imposed from outside the individual, while personal responsibility is the act that makes the individual against his own conscience, in relation to the norms and values of society.

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TRANSFERAREA PERSOANELOR CONDAMNATE ‐ MODIFICĂRI LEGISLATIVE OPERATE PRIN LEGEA NR.300/2013

Author(s): Anca-Lelia Lorincz / Language(s): Romanian Issue: 01/2014

Field appears obvious the need of a legislative unification at European level is that of judicial cooperation in criminal matters. In this regard, in order to match our laws with the provisions of Council Framework Decision of the European Union, by Law nr.300/2013 have been brought to a series of changes to the Law no.302/2004 on international judicial cooperation in criminal matters, including in the area of transferring sentenced persons.

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ORDINUL COMANDANTULUI, CAUZĂ JUSTIFICATIVĂ ÎN ÎNȚELESUL NOULUI COD PENAL

Author(s): George Coca / Language(s): Romanian Issue: 01/2014

The new Criminal Code includes the exercise of a right justificativa cause or fulfillment of obligations. Criminal law allows the fulfillment of some exceptional crimes such conditions.

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CRIMINOLOGIA DE TRATAMENT – O BARIERĂ ÎN EVOLUȚIA FENOMENULUI CRIMINAL

Author(s): Tudor Amza,GHeorghiță Toma / Language(s): Romanian Issue: 01/2014

Treatment criminology emerged in the early 20th century in the US, the followers of this theory were promoting the idea that social sciences can solve the problems raised by the criminal phenomenon. Treatment criminology studies the underlying issues of the criminal phenomenon and based on the results wich are obtained are promoted certaind measures in order to prevent the evolution of the criminal phenomenon.The supporters of this trend have promoted the idea according to wich in order to ensure a reasonable reintegration of delicvents into society, there should be considered the aspects that are determining the aparition of this phenomenon, such as school droptout, lack of training, lack of a job.

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