We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.

Download

The Bermuda Triangle in respect of historic monuments: law, the right of first refusal and culture

Author(s): Manuela Tăbăraş / Language(s): English Issue: VII/2019

Someone can expect in any dialogue where we meet the word "law", "norm", "rule", "social interest", "national interest" – institutions, laws, contracts to be transparent and equal for all the involved parties, although we meet among them the Romanian state, as a participant. When they are private law related, it is a "MUST", or, when the state is declared interested by the protection through laws of the historic monuments and by creation of a national cultural patrimony designated to cultivate the national respectively local identity, traditions, culture and education of the new generations, one might think to exercise his declarative and rules concern with determination, initiative, transparency, ensuring himself/herself about the envisaged result. We are trying to clarify in this study how things are in fact and according to what laws they are acting, that is far of being an exhaustive one.

More...

Download

Considerations regarding the modifications made by Law no. 310/2018 on the opposition to enforcement

Author(s): Mădălina Dinu / Language(s): English Issue: VII/2019

The opposition to enforcement represents the procedural way by which, in the second phase of the civil process, the parties or third persons injured by execution, invoke in front of the competent court, irregularities regarding the acts of execution committed in the case, in order to cancel, the correction of the challenged execution act, or to obtain the cancellation or cessation of the enforced execution itself, or, where appropriate, to clarify the enforceable title. The modifications made by the Law no. 310/2018 have attracted a series of questions regarding the reasons that can still be successfully invoked on the way of the opposition to enforcement in the context in which the cause of termination of the enforceable title can be invoked other than a court decision if the party has a common law action at hand.

More...

Download

Discussion of the need to classify contracts under the qualification of the parties

Author(s): Aida Diana Dumitrescu / Language(s): English Issue: VII/2019

The present study under the clasification of the contract taking into consideration the qualification criterion represents an epistemological approach that pleads by invoking some legal, practical and doctrinal arguments for the necessity and timeliness of the doctrine's recognition of this criterion of classifying contracts. The scientific approach also subsumes the criteria of acuity and relevancy, taking into consideration the pertinent and useful argument of the documented thesis.

More...

Download

Specific Operations of the Land Registry

Author(s): Petruţa-Elena Ispas / Language(s): English Issue: VII/2019

Specific operations of the Land Registry represent a great theoretical and practical interest, taking into account the legislative changes that have occurred as a result of the entry into force of Law no. 287/2009 on the Civil Code, but also by Law no. 71/2011 on the implementation of the provisions of the Civil Code. Problems related to the Land Registry appear mainly in practice, aspects that we will highlight during the course of this paper.

More...

Download

Topical issues on testamentary forms

Author(s): Ioan Morariu / Language(s): English Issue: VII/2019

There are times when the legal institutions regulated from a legislative point of view and filtered by legal practice show their limits or are exceeded by the general evolution of social life or by the emergence of particular social realities with hardly classifiable effects and difficult to settle through the existing legal institutions. The more acute is the question of the exclusion from a new lawmaking of certain legal institutions that have proven their viability and efficiencyHowever, regarding the legal status of testamentary inheritance in general and of will institution in particular, from the time of their regulation by the new Civil Code a sufficient period of time has passed long enough so that jurisprudential and doctrinal sedimentations allow lege ferenda analyses.

More...

Download

Considerations on trusts and fiducias with special regard upon the liability of trustees and fiduciaries

Author(s): Roxana Chirieac / Language(s): English Issue: VII/2019

The fiduciary institution in European continental law represents a variety of the fiduciary institution from the Anglo Saxon law. In both cases, a person named the settlor transfers to a fiduciary (or trustee) a series of assets, rights or guarantees present or future for him to manage and transfer after a determined period of time to another person. Taking into account that over time the trustee institution has been more frequently used in common law than was used the fiduciary institution in our continental law (the regulation of fiducia was introduced in Romania by the new Civil Code in 2011) and considering that there are laws that recognize and apply both institutions (like the Suisse law), we must ask ourselves what is the extent of the personal liability of these persons that have a granted power to manage and handle a patrimony that doesn't belong to them and that was entrusted to them.

More...

Download

The capacity of usage of the legal personality

Author(s): Ionuț Alexandru Toader / Language(s): English Issue: VII/2019

An intrinsic part of the civil capacity, the capacity of usage of the legal personality represents the aptitude to have rights and obligations, i.e. to be the subject of the civil right. Thus, by the capacity of usage we mean the possibility for every individual to take part in civil juridical relationships.

More...

Download

Liability of medical staff in case of malpractice

Author(s): Oana Chicoș / Language(s): English Issue: VII/2019

The medical staff, by exercising this noble profession, contribute to the observance of fundamental human rights, which are acknowledged in Article no. 22 of the Romanian Constitution.Exercising the profession of physician implies respecting both deontological and legal norms, which regulate the damage of the values defended by the law.In order to engage the legal liability, there must be a cumulative legal conduct, a prejudice, the causal link between the culpable conduct and the injurious result and the guilt, from the part of the subject of the offense.With regards to the medical acts, we mention that they do not exclude intentional misconduct, this is why, the most of the acts of malpractice committed by fault, often being the kind of guilt that the medical staff operates.

More...

Download

State as owner – Limits of compliance of national legislation with corporate governance principles of state owned enterprises

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

The article analyzes national legislation in the light of recommendation number two of the 2015 edition of the Guideline of the Organization for Economic Co operation and Development (OECD) on Corporate Governance for State Owned Enterprises, which deals with the role of the State as a major or sole shareholder of state owned enterprises. Thus, the following aspects were studied: the registration and functioning of state owned enterprises, their operational autonomy, the independence in decision making and the freedom of action of the members of the boards of directors or super¬visors, the central tutelary public authority, the responsibility of the state owned enterprises towards the institutions representing the public interest, as well as the exercise of the majority or sole shareholder rights of the State in view of implementing the recommendations of the aforementioned guideline.The paper concluded that there is a high degree of implementation of recom¬mendations on corporate governance of state owned enterprises in terms of procedures and regulation of specific processes, but there is insufficient institutional development, incomplete structuring or even the absence of organizational entities associated with the field. At the same time, the unclear allocation of attributions and responsibilities to the organizational structures of the corporate governance system of state owned enterprises leads to the impossibility of ensuring guarantees for the application of the principles of corporate governance at the level recommended by OECD documents.

More...

Download

Approches Regarding Equal Treatment and Non Discrimination of Women in the Labor Market

Author(s): Valentina Tănase / Language(s): English Issue: VII/2019

This study aims to give an overview of the relationship between women and the labor market. Starting with The International Labour Organization this article presents a short history of the formation and development of the legal framework in which the equal rights of women on the labor market are asserted, with emphasis on the principle of equal pay. Actions taken in favor of women in the workplace, called affirmative action or positive discrimination, have the effect of balancing certain labor market imbalances that exist in the workplace.

More...

Download

The correlation between tort liability and contractual liability

Author(s): Elena-Cristina Savu / Language(s): English Issue: VII/2019

Civil liability is the common law in the field of patrimonial legal liability, contrib¬uting to the protection of the legitimate rights and interests of all persons. Civil liability is manifested in its two forms, tort liability and contractual liability, both having the same purpose – the full reparation of the damage caused , but the distinctive elements raise the question whether, in the process of recovering the damage, it is possible to choose the most advantageous form of civil liability or favourable provisions of each species of liability. The answer is negative, argued both on the relevant legal texts and on practical considerations.

More...

Download

Termination of the labour relation by mutual agreement. The existence of the employee’s consent

Author(s): Alice Dobrinoiu / Language(s): English Issue: VII/2019

The case of the termination of the individual labour contract by mutual agreement is stipulated within the provisions of article 55 letter b) from the Labour Code. Nevertheless, the Labour Code does not contain other provisions with respect to the conditions to be fulfilled in order to terminate the individual labour contract by mutual agreement, therefore the form or the nature of the document attesting the termination of the individual labour contract by mutual agreement are not regulated. With respect to the parties consent, the provisions of the Civil Code are applicable, based on the provisions of article 278 from the Labour Code, which stipulate the nature of common law of the civil legislation.

More...

Download

Smart Contracts: Terminology and Legal Nature

Author(s): Larisa-Antonia Capisizu / Language(s): English Issue: VII/2019

Blockchain technology and smart contracts are regarded by some authors as the greatest innovations since the advent of the Internet, while other authors are skeptical about them, arguing that they can only be considered a "technological bubble" that will burst in a short period of time. Despite the opposite views on these innovations, the legal literature has given them considerable attention. Due to the early stage of development and the lack of widespread adoption, there are numerous questions regarding this new way of contracting. This article aims to answer some of these questions such as what are smart contracts and what is their connection with the blockchain technology.

More...

Download

Binding Effect of Smart Contracts

Author(s): Larisa-Antonia Capisizu / Language(s): English Issue: VII/2019

The emergence of blockchain technology and its applications, such as smart contracts, is a challenge for lawyers to rethink the classic institution of contract law. The most common question associated with the concept of smart contracts is: are they contracts or not? The present paper attempts to provide an answer to this question starting from the classical acceptance of the contract term, by reference to the validity conditions provided by the Romanian Civil Code.

More...

Download

Risks related to the non fulfillment of the requirements provided by the legislator in the procedure for verifying and regularizing the request for legal action

Author(s): Daniel Cătălin Chifor / Language(s): English Issue: VII/2019

The purpose of setting up the procedure for verifying and regularizing appeals was to seek to relieve the courts of requests that do not meet the formal requirements and also to discipline the participants in the civil process. Also, an important role achievable through regularization is the optimization and reduction of the length of the civil process, thus reducing the cases where the process is tergiversate. Thus, as a rule, no exception can be made in this procedure because it is contrary to the principle of contradictory law at the present time, since the defendant is not aware of the dispute.

More...

Download

Theories regarding the basis of civil liability

Author(s): Laura Tuduruţ / Language(s): English Issue: VII/2019

This study deals with the theories regarding the basis of civil liability. The contents of this paper are opinions expressed in the specialized literature on the theories that represent the basis of civil liability in general, theories that have been formed along the evolution of society, especially due to its development. Various factors such as social, economic, cultural, legal factors have led to permanent changes in the law on com¬pensation for damage.

More...

Download

The special evacuation procedure of buildings occupied without right

Author(s): Paul-Sorin Copăcean / Language(s): English Issue: VII/2019

In order to protect the right of use in a more efficient manner, the legislator has adopted a special procedure that gives easy access to its means of defense. The special evacuation procedure brings quickness and promptness while the creditor of the right of use has to follow. The regulation is given in Book VI, Title XI of the Code of Romanian Civil Procedure. The legal characters show us that the evacuation procedure is: special, optional, summary, urgent and contentious. The adverse parties in the trial are on the one hand the owner or the lessor and on the other hand the lessee, respectively the tenant. The competence in solving the case having as object the evacuation of the buildings used or occupied without right belongs exclusively to the court within the district of which the building is located. According to the legal provisions before addressing to the court, the plaintiff must notify the defendant asking him to vacate the building. The legal contest is not compulsory, and the debates are summary and take place in the council chamber. The decision of evacuation given in the first instance is enforceable. The forced execution started on the basis of an evacuation decision given in this procedure in principle cannot be suspended.

More...

Download

Некоторые принципы гражданского и семейного права по законодательству Словакии и России

Author(s): Vladimir Gavrilov,Nikita Prokhorov,Arslan Shakhnavazov / Language(s): Russian Issue: 12/2019

In the modern science of civil law, the role of comparative legal analysis of the principles of various states is undeniable. The main task of comparative legal research is to obtain profound knowledge about the principles of civil and family law of different legal systems. In this work the basic comparison of principles will be carried out according to the civil legislation of two countries: Slovakia and Russia, because both of these countries are former members of the socialist bloc and have much in common, but Slovak legislation is known for its unique combination of respect for the established traditions of Slovak law and following the guideline of the legal doctrines of the European Union. The authors considered such principles as: equality of the legal regime for all subjects of civil legal relations; individual autonomy (or the principle of freedom of contract); prohibition of abuse of subjective rights; justice and the principle of stability of private law. For the most complete disclosure and analysis of the interaction, the following issues were raised: the essence of the principles, their possible relationship with other foundations of civil law, the role of judicial practice and the opinion of legislators regarding the application and interpretation of these principles. As a result of the analysis, the authors concluded that the guiding foundations of the civil law of the above-mentioned countries coincide, or have their own “analogues” in the legislation of another country. Also, the system of principles of the civil law of the Slovak Republic contains such principles that are only fragmentarily disclosed as principles in the civil legislation of the Russian Federation. The authors also noted that the judicial practice of using the principles has a certain influence on the application and interpretation of both the principles of Slovakia and Russia. The result of this comparative legal study may be useful for the theory of civil law, and also demonstrates the interaction of the civilistic principles of Slovakia and Russia.

More...

Download

Проблеми отримання адвокатом правової інформації про зміст норм іноземного права під час представництва інтересів клієнта у цивільному судочинстві України

Author(s): Sviatoslav Antoniuk,Olga Zaiats,Ruslan Skrynkovskyy,Iryna Makukhina / Language(s): Ukrainian Issue: 10/2019

The article is devoted to researching particular problems (problematic aspects) of obtaining by the lawyer the legal information about the content of foreign law norms while representing the client’s interests in the civil proceedings of Ukraine. During the research it was found out that according to the current Law of Ukraine “On Information” legal information should be understood as any information (documents, texts, data) about a law, its system, sources, realization, as well as legal facts (circumstances, factors), legal relations, law and order, legal offences, dealing with them and preventing them, etc. At the same time, it is reasonable to conclude that the present legislation of Ukraine provides for a number (system) of possible options (directions) for seeking (obtaining) by the lawyer the legal information (documents, data, texts, etc.) on the norms of foreign law, each of which (possibly) has its advantages and disadvantages (certain problematic aspects). It is established that the involvement of foreign legal information in litigation (in the civil proceedings of Ukraine) is advisable to reduce to 3 main aspects (directions, options), namely: 1) direct familiarization with foreign legal documents and information sources (texts, data) - (1 aspect); 2) involvement of written findings (on a problem) in litigation (in civil proceedings), including expert opinions - (2 aspect); 3) obtaining information (legal information) on foreign law from the central authorities of Ukraine, in particular from the Ministry of Foreign Affairs of Ukraine or the Ministry of Justice of Ukraine - (3 aspect). According to the results of the study, it was determined and proved that the choice of the most effective (optimal) option (from the possible alternatives) for the Ukrainian lawyer to search for legal information on the content of foreign law rules (while representing the client’s interests in court) in a particular court case in the civil proceedings of Ukraine, is dependent, in the first place, on: 1) a specific civil case; 2) the lawyer’s capabilities (potential) and professionalism; 3) the authority of the court (directly from the judge).

More...

Download

Проблемні аспекти участі експерта у цивільному судочинстві України

Author(s): Olga Zaiats,Ruslan Skrynkovskyy / Language(s): Ukrainian Issue: 09/2019

The article studies the problematic aspects of the expert’s participation in the civil procedure of Ukraine on the basis of research and analysis of the issues related to: 1) the delineation of the legal position (status) of the expert and the legal position of the specialist; 2) problematic aspects of distinguishing between the concepts (legal categories) of “expertise” and “judicial expertise”; 3) problematic aspects of judicial review; 4) the issue of legal liability of a court expert; 5) expert’s opinion at the court session (during the case); 6) the duration of the forensic examination as a factor of unjustifiably long (long-termed) court proceedings. According to the results of the research, conclusions and recommendations of theoretical and practical nature were formulated, in particular the following: 1. A forensic expert is a person who possesses special (professional) knowledge, necessary to clarify the relevant (specific) circumstances of the case, as well as the right to conduct forensic examination, which is of particular importance for the materials of a specific (determined) case in court and a written opinion (expert opinion), which (at the stage of the case) is an independent (separate) source of evidence, along with other existing (available) evidence (written, physical and electronic evidence, testimony of witnesses). 2. The legislator of Ukraine must give due consideration to the problematic aspects of the participation of a judicial expert in civil proceedings in order to resolve (or improve) them. In particular, this concerns the issues of the judicial position (status) of a forensic expert and his legal responsibility, since the accuracy (validity, error) and depth (validity, objectivity) of expert opinions is such that, in some (individual) cases, as practice shows, the expert's opinion (as a result of the forensic examination) may be the main (basic) and perhaps the only (possible) reliable source of evidence in civil cases. 3. Forensic examination shall be conducted only on the basis of the court order and for the purpose of making conclusion (substantiated, objective) on the investigated issues that are or will be the subject of judicial review. 4. The judicial expert (in accordance with the current legislation of Ukraine) must be considered in 3 aspects (as the subject of liability) and can be held liable, namely: disciplinary liability (as the specialist - aspect 1), financial liability (as the subject of civil (economic) legal relations - aspect 2), administrative and criminal (as the subject of procedural activity - aspect 3).

More...