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ASPECTE TEORETICE ȘI PRACTICE CU PRIVIRE LA IMPORTANȚA PREJUDICIULUI – CONDIȚIE A RĂSPUNDERII PATRIMONIALE

Author(s): Zinaida Lupașcu,Tatiana Stahi / Language(s): Romanian Issue: 1/2018

In human society, no one is allowed to violate the sphere of the rights of another person, causing damage by his actions or inactions. This elementary norm of conduct is not limited to legal relationships, but is a very old concept, a general rule of conduct known from the earliest times and in the most diverse communities and social arrangements. The problem of repairing the damage that arose as a result of noncompliance is one of the most striking and current, representing the topic of continuous discussion in the specialized legal literature. Of particular interest is the nature and content of patrimonial damage as a result of illicit actions. This article reflects the legal and theoretical aspects of injury - a condition of patrimonial responsibility. It is very important that the injured person be put in the shortest possible time and in a situation as close as possible to the condition before the injury.

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PROCEDURA DIVORŢULUI OPERATĂ DE ORGANELE DE STARE CIVILĂ ÎN LEGISLAŢIA REPUBLICII MOLDOVA

Author(s): Oxana Ciudin / Language(s): Romanian Issue: 1/2018

Officially, people get married once and for all, but there may appear some situations that will determine the need of divorce. The Moldovan Republic’s legislation regulates several ways of divorce and the competent authorities, which are invested with these prerogatives, the Court and the Civil Status Offices. In this paper we aim to realize a theoretical analysis of divorce operated by the Civil Status Offices at the request of both spouses or at the request of one of them, in case of proof of the circumstances provided by law.

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THE LEGAL FRAMEWORK FOR EMPLOYING ROMANIAN CITIZENS ABROAD

Author(s): Roxana Radu / Language(s): English Issue: XX/2019

According to the provisions of the Romanian Labor Code (Article 9), every Romanian citizen enjoys the right and freedom of employment in the countries of the European Union and other countries provided that they comply with the standards of international labor law and the bilateral treaties concluded by Romania. Law no. 156/2000 on the protection of Romanian citizens’ employment abroad provides for the conditions for the organization and functioning of the placement agents and the general measures for the protection of Romanian citizens hired abroad. In this article we have analyzed, besides the provisions of Law no. 156/2000, the norms of the Labor Code regarding the obligation of information that belongs to the employer regarding the future content of the employment contract, the language in which the individual employment contract is concluded and its mandatory clauses.

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Common Indivisible Ownership

Author(s): Diana-Geanina Ionaş / Language(s): English Issue: VI/2018

Joint ownership is a means of property right, which is extremely present in the Romanian legal scenery, as, traditionally, marriage is governed by the regime of legal community. Knowing the rules which apply to the relations between spouses is extremely important, as their patrimony is a living element and the spouses can enjoy it, by respecting the imperative regulations of law. They are meant to ensure the integrity of the community of goods and the protection of the spouses’ rights, with the final purpose of protecting and supporting family. However, knowing these rules is also important when devaluation does not arise in family relationships, as, according to art. 668 C. Civ the provisions regarding the system of the legal community are also properly applied if this form of property is born by legal act. Therefore, the present paper seeks to analyze mainly the general legal regime applicable to ownership, irrespective of its source.

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The Limits of the Special Rules for Construction Contracts in the New Civil Code

Author(s): Oana-Ruxandra Gherghina / Language(s): English Issue: VI/2018

The Romanian legislator defines the contract for the construction works through art. 1874 NCC as the contract that where the contractor undertakes to execute works which, according to the law, require the issuance of the building permit.” In order to determine whether or not the legislator intended to subordinate the provisions of the Civil Code to those in the field of administrative law regarding building permit, is necessary to analyze the main doctrinal opinions. The theme of this study is precisely the initiative of the legislator to define the contract for the construction works through an apparent subordination of the provisions of the Civil Code to the field of administrative law regarding building authorization.

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The Civil Law Remedies Available for the Purchaser of a Car With a Reprogrammed Odometer

Author(s): Bogdan Sebastian Gavrilă / Language(s): English Issue: VI/2018

Nowadays, a significant number of buyers of used cars find themselves in the situation of finding out that the real number of kilometres of their automobile is far different than the one displayed on the dashboard. Some choose to solicit the termination or the reduction of price with the aid of the civil court, by utilising the institutions mentioned in the Civil Code. The present article deals with analysing the courses of action which may be undertaken in order to prove that the conditions for the actions are fulfilled and potential practical which may arise and how to properly address them.

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Currency – The Means by Which the Obligation to Pay the Price in the Sales Contract is Realized. From Leu to Bitcoin

Author(s): Daniel Cătălin Chifor / Language(s): English Issue: VI/2018

The present study describes the evolution of the national currency as a legal mean of achieving the obligation to pay the price from the moment of its appearance until now. Also, the social evolution and the dynamism of the economic activities made possible the fulfillment of the obligation to pay the price by other means besides the actual remittance of money in the form of banknote or metal coin as a traditional mean. Therefore, the legal regulation of the electronic money as a legal instrument of payment, as well as the emergence of virtual coins/cryptocurrency, allowed the acceleration of the obligation to pay the price. In regards with the realization of the obligation to pay the price under the sales contract, we can see that this is possible by the remittance of a classical coin but also by the remittance of the electronic currency, but it can not be achieved by using the virtual currency due to the specificity of the price that must imperiously consist in a sum of money. However, virtual currency may in fact substitute a currency-payment instrument, recognized by the lawmaker, to achieve the object of the obligation under the legal rules of the exchange contract, thus changing the legal nature of the original contract from the sale contract into an exchange contract.

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Invalidity of the Credit Agreement With the Consumer – Consequence of the Unfairness of the Contractual Terms. Theoretical and Practical Aspects

Author(s): Ioana Florea / Language(s): English Issue: VI/2018

In the current context of numerous litigations concerning credit agreements between seller or supplier and consumers, and given the need to permanently protect the citizen as a consumer, an analysis of the consequences of the unfair nature of the contractual terms is required. The main effect of the unfair contractual terms governed by Directive 93/13/EEC is the invalidity of the terms and the possibility of continuing the contract which, after eliminating the significant imbalance created to the detriment of the consumer, continues to engage both parties. The goal is to improve the consumer's contractual position by preventing its engagement against an unfair term.

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The Limit for Bringing an Action for Annulment of the GMS Decision

Author(s): Petre Andrei Ţâru / Language(s): English Issue: VI/2018

The time limit for bringing an action for annulment of the GMS decision as well as the theoretical and practical aspects are of particular relevance since the annulment of the decisions of the General Meeting of Shareholders is the change/modification of the company's will, expressed by the shareholders' decision, and the appeal against it can be lodged only by this way, it cannot be incidental in other applications.

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Legal Perspectives on the Internet of Things

Author(s): Larisa-Antonia Capisizu / Language(s): English Issue: VI/2018

The Internet of Things (IoT) is a collection of interconnected physical objects across the Internet that exchange information with each other and collect information from the environment, creating a network where objects interact. For example, there are portable gadgets that monitor vital signs and transmit information through an application to a healthcare provider, there are intelligent security systems that automatically lock the house at a predefined time, or communication systems that can be handled on the machine by mobile phone. The Internet of Things has evolved exponentially due to the huge growth potential and profit-making that has prompted traders to rethink their products and services to integrate technology and communications systems. Starting from the legal challenges posed by the development of the Internet of Things, this article presents the solutions adopted at European level in terms of personal data protection, regulations adapted to new technological developments.

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Various Types of Public Contracts in the Field of Oil and Mining Regulated in Other Countries of the World

Author(s): Cătălina Georgeta Dinu,Costel Mihai / Language(s): English Issue: VI/2018

Although the differences between the types of oil and mining contracts in the world are notable, as we can see, the negotiated contract terms are often more important than the type of contract, the extent of the rights and obligations of the contracting parties being less dependent on the type of contract, and more influenced by contractual provisions.In our study, we try to highlight the fact that in various states of the world, oil and mining are legally expressed through a variety of terminology, which may lead to confusion in identifying the applicable contractual type. Therefore, a presentation of some of the categories of public contracts dealing with the exploitation of natural resources may be a point of reference in identifying public contracts with similar features in the oil and mining sectors, but also in initiating an analysis of their specifics.

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The Roman Republic – an application model of the theory of separation and balance of powers within the state

Author(s): Alina-Monica Axente / Language(s): English Issue: VII/2019

The theory of separation and balance of power in the state is not only one of the architects of democratic construction worldwide, but also one of the first concepts with which the beginners in the research of legal sciences become acquainted. Not coinci¬dentally, a significant part of the disciplines of law mentions this theory, since law goes beyond the limits of science, being a living organism, whose pulsations are in fact vital instruments in achieving and maintaining the idea of well being of society. The existence and effectiveness of any legal relationship (irrespective of the branch of law that enshrines them) depends organically on the observance of the separation of the judiciary by the other two powers. While it is undeniable that by promoting the theory of separation of powers in the state in the ideology of the bourgeois democratic revolutions, it has become the foundation of modern constitutions, a careful look in the distant past will highlight a surprising reality: the Romans, in the edification of the Republic, actually applied the separation of powers in the state many hundreds of years before the appearance of the theory.

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Documents issued by the Alternative Dispute Resolution Entity in the non banking financial field (SAL FIN)

Author(s): Constantin Bucur / Language(s): English Issue: VII/2019

The settlement of a dispute between the consumer and a trader can also be conducted outside the litigation procedures, by a much simpler, faster procedure and within the reach of the parties. This procedure can be carried out by the Alternative Dispute Resolution Entity in the Non Financial Banking Field (SAL FIN), an entity without legal personality, established within the Financial Supervisory Authority.One of the main advantages of this non contentious procedure is that it is free of charge for the consumer and the trader who decide to submit the dispute to SAL FIN, as opposed to the litigation procedure which entails payment of court fees or attorneys' fees. Moreover, another advantage is that the dispute is resolved within reasonable time, as the law stipulates a term of maximum 90 days, which can be extended.The dispute between the parties can be resolved by the conciliators through a decision or a conclusion, issued after the completion of one of the two procedures, namely the procedure of proposing a solution and that of imposing a solution.If the parties are dissatisfied with the decision/conclusion issued by SAL FIN, they can submit a request with a general jurisdiction court to annul the said decision and settle the dispute between the parties.

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Abuse of Rights and Abuse of Power

Author(s): Ramona-Lorena Paraschiv / Language(s): English Issue: VII/2019

The social, economical and political realities in our country have determined the more and more frequent use, in public, of the notion of "abuse of rights". Is the abuse of rights an abuse of power, in the sense of art. 15 of the Civil Code, according to which "no right can be exercised for the purpose of causing injury or damage to another or in an excessive and unreasonable manner, contrary to good faith"? Starting from this question, we will separate the two notions and will emphasise their particularities, including in terms of the legal liability drawn by the "excess" in exercising the law or in accomplishing the act of public power

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Projekt dyrektywy WLB – nowe podejście do równości płci w zatrudnieniu?

Author(s): Magdalena Półtorak / Language(s): Polish Issue: 4/2019

The European Union experiences many challenges today. One of these is the necessity of achieving the target of employment the 75% of the population aged 20–64. There is no doubt that it is a kind of ‘mission impossible’ without women’s inclusion. Simultaneously, EU has realized that gender employment gap in the labour market is most acute for parents and people with other caring responsibilities. An attempt of the solution has become the proposal for a directive of the European Parliament and of the Council on work-life balance for parents and carers and repealing Council directive 2010/18/EU, that is part of a package of measures that addresses women’s under-representation in employment and supports their career progression through improved conditions to reconcile their working and private duties. The aim of the paper is to take a closer look for a proposal and assessment of its potential influence on the Polish employment policy. It encompasses of the four main parts: introduction, presentation of the EU gender equality law in the field of employment from WLB perspective, analysis of the main assumptions of the proposal (maternity leave, parental leave, carer’s leave, flexible working arrangements), and finally – its implications for Poland. The paper ends with the conclusion that gender equality in the employment is not only the issue that is worth implementing, but also something that simply pays off.

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Uprawnienia związane z rodzicielstwem osób samozatrudnionych – uwagi de lege lata i de lege ferenda

Author(s): Tomasz Duraj / Language(s): Polish Issue: 4/2019

The subject of the article is the self-employed rights related to parenthood. The legislator admitted to self-employed persons – the insured (mother of the child) and the insured (father of the child or other immediate family member) the right to maternity benefit for the period corresponding to the period of maternity leave and parental leave. The author positively assesses the very concept of including self-employed protection in the field of parenthood. Its correctness is determined both by the need to adapt Polish labor legislation to international and EU standards, as well as constitutional norms, as well as the growing scale of self-employment in the market economy, which is increasingly displacing the classic employment relationship. Unfortunately, the manner of regulating by our legislator mechanisms introducing protection of self-employed in the scope of parenthood raises far-reaching doubts. De lege lata, the scope of protection of parenthood dedicated to self-employed is not sufficient in comparison to the situation of employees, which according to the author violates the constitutional principle of equality before the law. This leads to a situation in which the regulation of parental rights ceases to fulfill the main assumptions underlying its introduction. The Polish legislator as of today does not ensure effective care of a child immediately after its birth and full exchangeability of parental privileges between parents, with the support of members of the immediate family, and also does not create the material and financial conditions optimal for this care. To make matters worse, the regulations do not sufficiently protect the health and lives of the self-employed mothers and their children, before birth and immediately afterwards. The author presents numerous de lege lata and de lege ferenda comments on the regulation of parental rights for self-employed workers.

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Administrator danych osobowych w zbiorowym prawie zatrudnienia

Author(s): Dominika Dorre-Kolasa / Language(s): Polish Issue: 4/2019

Entering into force of the GDPR was an event that equally affected both employers and trade unions. In the course of practical implementation of provisions of law regarding personal data protection the main focus was put on employers who traditionally are seen as having bigger influence on factual and legal situation of employees. Trade unions seem to have overlooked the fact that they also process wide range of personal data of their members, often of very sensitive character. This article is an analysis of legal position of trade unions in relation of processing personal data with special emphasis put on cooperation with employers and employees in performing their statutory obligations. Clear assignment of position of data controller to trade union creates issues due to the wording of provisions of the GDPR. The same problem is present in case of different tiers of trade unions, especially those of regional or national range. However, function and role of trade unions allow to indicate them as data controllers of their members. In this paper the Author analyses legal bases for processing personal data by trade unions and determines transfers of personal data within trade unions and between trade unions and employers. Finally, the Author verifies documentation used by chosen representative trade unions in Poland in order to determine how trade unions themselves approach the issue of correct establishment of their position in processing personal data and how they apply provisions on personal data protection in practice.

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Zakres podmiotowy obowiązków z zakresu BHP w świetle przepisów prawnopracowniczych i karnoprawnych

Author(s): Żaneta Grygiel-Kaleta / Language(s): Polish Issue: 4/2019

The issue, which has been analyzed, concerns the issue of criminal liability for violating the health and life of persons performing work as a result of failing to fulfill their work safety obligations. The problem that has been raised concerns the subjective scope of persons responsible for this protection. The considerations were reduced to the comparison of the hypothesis of the norm developed on the basis of labor law and criminal law. The author clearly states that the good protected on the basis of the provisions of the Criminal Code has been treated too narrowly. To make it clear that health and human life, as a protected good, should not be subjected to a valuation assessment based on the basis of employment. The considerations lead to the conclusion that the current approach and the use of a worker’s notion of criminal law can not be interpreted narrowly, within the meaning of Art. 2 k.p.

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The Internship Contract, The Source of an Employment Relationship

Author(s): Magda Volonciu / Language(s): English Issue: VII/2019

The internship contract is a contract that involves the performance of an activity under the authority of the host organization. That is why, in many respects, it could assume that it presents as a common law the labor legislation. However, there are specific rules that strengthen the specificity of the contract, all of which lead to the achievement of the purpose for which such a contract is created. To what extent are the rules of protection and the principles underlying them incident to the intern?

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The Bradford Factor. Another point of view on the application of the criteria for determining the order of priority for dismissal

Author(s): Luiza Mihai (Lungu) / Language(s): English Issue: VII/2019

Although in the current legislation we do not have a detail of the selection criteria applicable to collective redundancies, or in the case of an effective prioritization of dismissal, each employer, as a rule, in the collective labor contract or in individual employment contracts of the employees includes certain criteria that they have considered for a comparison if there is a need for a selection procedure.Between the classical criteria, which relate either to the performance of the employee at the workplace or to the social side, the jurisprudence of the national courts reveals more and more the tendencies of the employers to consider different aspects of the employees' activity in the eventual selection required a collective dismissal procedure.Our paper goes beyond the "conventional" barrier of national practice and offers an openness to the practice of other EU Member States that can be applied soon and internally, ie highlighting the Bradford factor in the selection procedure for dismissal.

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