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The Romanian contemporary society imposed a profound transformation of many traditional legal institutions. From this perspective, one cannot overlook the profound change brought by the current Civil Code in contractual matters, namely the unification of the legal regime for civil contracts and commercial contracts. In the context of the assimilation of European values, the adoption of the monist system of regulation on the contractual domain by the Civil Law was imposed by the fundamental transformations of the entire economic life in Romania and of all the relations having a patrimonial character from the Romanian society. In this study we will stop on the legal regime applicable to contracts that are particularly interested in banking activity: current account contract, current banking contract and other bank contracts. The contractual freedom allowed to legal subjects to conclude current account contracts is exploited by banking institutions, both at the end and during their execution. The lack of legal protection for clients in general and for professionals in particular generates bargaining imbalance and additional contractual power for banking institutions. The impact of legislative amendments to former business, business, financial and banking activities on the realities of everyday life, beyond all doubt, is overwhelming and visible, with decisive macro-social effects.
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The theme "The content and organization of extrastatutory conventions" is a rare topic both in Romanian legislation and in doctrine and jurisprudence. This theme is a subject proposed to clarify and bring novelties into the sphere of commercial law. The main objectives are to provide a clear, well-defined framework for the organization and content of these atypical contracts (extra-statutory conventions). Due to the complexity of the field, the research will be outlined on the compatibility of these conventions if they have the capacity to anchor the corporate market, effervescence and transparency. The work involves the rich and complex presentation of the theoretical and unidentified aspects in the literature, analyzing the practicalities of the Community law. The legal research will aim at gathering the principles, issues of the stages, methods, techniques and tools of investigation and scientific knowledge of legal phenomena, playing an important role in the final outcome of the project. The actual research will consist of documenting, debating and proposing solutions to problems and gaps in both doctrine and legislation and jurisprudence. These conventions are the civilized way of confronting the freedom of contracting associates, the particular or fractional interests of the associates in society, finding the appropriate instrument for extrastatutory conventions.
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Fiducia is undoubtedly one of the most innovative institutions introduced by the New Civil Code and the fiduciary is on its turn the main actor in this institution. An analysis of the fiduciary's powers and duties is essential to perceive correctly the mechanism of the fiduciary relations. The most important power held by the fiduciary is given by the ownership of the fiduciary property. This right is absolute under the law, but it is nevertheless circumscribed to the obligations held by the fiduciary under the fiduciary contract. In addition, among the rights of the fiduciary, we also mention the administration and decision power in relation to the fiduciary assets in favour of the beneficiary. Also, the right to remuneration should not be ignored, especially in view of the fiduciary’s professional position. As regards the obligations of the fiduciary, the most important is the one mentioned in the very definition of fiducia, namely the obligation to manage the fiduciary assets for and in favour of the beneficiary. The fiduciary also is held accountable and must inform both third parties and the parties to the fiduciary contract about the position in which he operates. Both the powers and duties of the fiduciary are "intertwined" to form the "fabric" within which it operates.
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The Romanian society has undergone many changes over the years. Either in the economic, social, cultural, educational, but also family. One of the most important changes is the family structure and the creation of a new family. In this sense, since 1864, the institution of adoption was regulated in the Romanian Civil Code, which applied the Justinian law, as did the French one between the adopted and the adopter. The provisions of this code were abolished in 1954 by the entry into force of the Family Code, its autonomy and its detachment from civil law. The provision with a principle of value strictly related to the adopted one, according to which the adoption is only in the interest of the founder, is illustrative of the radical transformation of the essence of this institution-adoption. The fact is that the institution of adoption is no longer the instrument by which a family / person who wants a child can have it, but a means by which the child / adoptee can receive the family who needs.
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This paper presents the evolution of the legal doctrine and philosophy regarding the right to work, its transformation, differentiation and protection. The issues are also examined in the context of the new forms of employment in the digital society. Based on the trends in the development and exercise of the right to work, the authors have drawn conclusions, made generalizations and outlined the need for regulation of processes related to the challenges facing labour law in the technological society.
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The law is acknowledged as the conscience of the public. Legal education has become the ladder to the entity of a citizen. The sovereign nature of the majority of the states further promotes the role of legal education beyond a professional qualification. The researchers found it imperative to explore the relationship between legal education and the becoming of a citizen in its true nature, to the extents of self, family, community, country, and world. Perspectives of students of law, educators of law, law practitioners, qualified professionals in non-legal streams, and judicial officers were included in the sample (N=100, 20 each) and observations were noted using a self-developed questionnaire based on the feedback of 2 members from each group in the pilot study. The findings revealed awareness of rights and duties, self-sufficiency in voicing individual viewpoints, and compassion for mankind in all the groups. The students and teachers credited legal education for the development of critical thinking, leadership in the community, and spirit of the development of human resources in the country and the world. Patriotism, respect for the system, feeling of responsibility towards the fate of the whole society was observed by the law practitioners and the judicial officers. Non-practicing professionals associated their legal education to prudence related to money, a better acceptance of cultures, and planning abilities. The study brings attention to the significance of legal education in development at micro and macro levels.
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The contradictory principle and equality of arms contributes to the realization of civil justice by the fact that plaintiff and defendant has the right to defence. The most common the mean of defence used by defendant are the material objections. The material objections relate to the circumstances on which the plaintiff is based to persuade the court not to admit the action, that is to adopt a judgement rejecting the plaintiff's claims. So in the this article we examine the particularities of represent and defence through material objections in the civil process.
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La responsabilité sociale comme forme de réglement du comportement de l’homme dans la société n’ est pas spécifique a la loi, elle se trouve dans tous les domaines de la vie sociale. La responsabilité implique une réflexion sur les conséquences attendues de nos actions; premierèment, du point de vue naturellement et moralement, comme une solution contre les comportements antisociaux et ensuite, légalement. La société établit des règles de conduite du caractére religieux, moral, culturel, politique, et juridique, que les individus qui la composent sont appelés à observer, pour guider la direction, selon les règlements pour ces intérêts communs dans le but de la combinason de son intérêt personel avec celui social de l’assurance de la coherence et de la fonctionnalité du système social. La responsabilité et les recours juridiques sont les deux faces du mêmephénomène social. Les droits et les obligations connexes qui se posent à la suite d'avoir commis un acte illégal définissent simplement la responsabilité. On affirme certainemment que ce complexe de droits et d’obligations constitue le cadre pour la réalisation de la contrainte de l'état en appliquant des sanctions juridiques.
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The present paper briefly analyzes the provisions of the Amended proposal for a Directive of the European Parliament and of the Council on certain aspects concerning contracts for sales of goods. The study focuses on the main changes proposed in the new text, comparing them with the provisions of the Directive 1999/44/EC, which will be repealedif the proposal will be approved. It also highlights the role of the amendedproposal for a Directivein achieving a higher level of consumer protection.
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The report examines a number of current issues in the maritime freight legislation, in the light of the International Convention on the Unification of Certain Rules concerning Bill of Lading 1924 (also known as the Brussels Convention). The Republic of Bulgaria is not a party to the Convention, but has tacitly adopted its main provisions in its domestic legislation. In this regard, some convention expressions are critically analyzed and a fair debate is held with foreign authors on the subject.
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The report examines some current problems of insolvency proceedings in the context of the interpretative practice of the Supreme Constitutional Court of the Republic of Bulgaria, including through the prism of the International Private Law. The concepts of „insolvency“ and „over-indebtedness“ are critically analyzed and clarified. The lack of a substantive difference between them is justified.
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The development of digital communication and the existence of virtual life in parallel with the real, necessitate a rethinking of traditional institutions of law. Questions about what happens to all those digital rights of the individuals after their death arise. Could an object of inheritance be a social media profile, email or other digital content and is the judicial system prepared to meet the challenges of inheritance issues?
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This paper aims to introduce some controversial issues that the civil courts in the Republic of Bulgaria have faced regarding the protection of intellectual property rights over video games. This article will investigate the complex legal nature of these specific intellectual creations of the mind and will raise the question of co-authorship over a video game and/or its components.
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The report provides an overview of some of the basics in Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009. Laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of Social security systems related to occupational injury benefits. Benefits in the case of accidents at work are considered as part of the social security system of the European Union(EU). The provisions considered, subject to the preconditions laid down therein, prevail over the rules of national law, of persons falling within the personal scope of the regulation.
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The paper examines the current legislative proposals for changes in the national regulation of the employment record book. The importance of this official document is clarified and the main directions in the proposed amendments to the regulations are analyzed. Based on the research, conclusions, summaries and recommendations are made.
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The research examines the institute of overtime in Bulgarian labor law in the context of the new social realities and the need to update it. On the basis of the analysis, proposals for improvement of the legislation and the broad applicability of overtime are substantiated.
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The aim of this paper is to clarify the basic principles and rules of the mechanism for payment of the compulsory health insurance activities and services included in the package of health activities covered by the budget of the health insurance authority. In that line, the paper outlines and summarizes the typical characteristics and features of this mechanism, as well as its respective shortcomings concerning the practice of providing health insurance.At the same time, the paper highlights some new regulatory decisions regarding specific hypotheses for payment of individual medical benefits - medicines and medical products, and those related to the administrative contracts between the NHIF and the medicines providers.
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