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Contribuția Înaltei Curți de Casație și Justiție la interpretarea și aplicarea dreptului Uniunii Europene în România prin recursuri în interesul legii

Author(s): Daniel - Mihail Şandru / Language(s): Romanian Publication Year: 0

The Supreme Court of Romania has at its disposal a procedure whereby it can give a decision to unify the domestic case-law, namely the appeal in the interest of the law. The study examines all appeals in the interest of the law, from 2003 to the present. Typologies of the application of European Union law are taken into account, highlighting decisions in which the interpretation of the legal rules in the new codes in civil and criminal matters was taken into account. Appeals in the interest of the law followed the general social interest, the problems that were considered in unifying the case-law being in the field of criminal law, especially the European arrest warrant, then successive forms of the car registration tax and unfair terms

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Rolul Curţii Constituţionale în configurarea domeniul public naţional, judeţean şi local după intrarea în vigoare a noului cod civil

Author(s): Dumitru Dinu / Language(s): Romanian Publication Year: 0

The article analyzes the theoretical and practical legal problems of defining public property, public domain and private domain, intra-domain transfer in Romanian legislation through the Romanian Civil Code of 1864, the Romanian Constitution of 1923, the Romanian Constitution of 1938, the Constitution of the Romanian People's Republic of 1948, the Constitution of the Romanian People's Republic from 1952, the Constitution of the Socialist Republic of Romania from 1965, the Constitution of Romania from 1991, as well as the developments that occurred in the mentioned fields with the adoption of Law no. 287/2009, The New Romanian Civil Code. The article also deals with the correlations of public property, public domain and private domain, intra-domain transfer through the prism of the New Romanian Civil Code, the Romanian Administrative Code of 2019 and the role of the Constitutional Court in configuring the national, county and local public domain

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Consilierul de achiziții publice

Author(s): Lidia Seceleanu / Language(s): Romanian Publication Year: 0

The present study aims to analyze the legal regime of a newly established public office through the Administrative Code of Romania and, implicitly, the legal status of its holder. The genesis of this new function is in the legislative changes in the field of public procurement, based on the new Public Procurement Strategy adopted by the Government in 2015 and the laws adopted on the basis of it in 2016, respectively Laws no. 98, 99, 100 and 101 of 2016. The adoption of both the new normative acts and the relevant Strategy was determined by the need to harmonize the national legislation of Romania, as well as other Member States, with the new directives adopted in the subject of public procurement, national and European normative acts that we will specify in the content of the study. The concern of the bodies of the European Union to change the regulations regarding public procurement is legitimized by their significance, unanimously recognized, as the most important way to spend public money, regardless of whether we refer to public funds internal or from the European Union. What we believe was aimed at creating this function was to professionalize, in the body of civil servants, a civil servant who has the competence and experience to carry out activities in the field of public procurement. We share this option and consider it beneficial for the implementation of the new relevant legislation and for reducing and eliminating, over time, the problems faced by public authorities and institutions over time.

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Repere jurisprudențiale privind dreptul de preempțiune la cumpărarea terenurilor agricole situate în extravilan, reglementat de Legea nr. 17/2014

Author(s): Mirela-Carmen Dobrilă / Language(s): Romanian Publication Year: 0

The New Romanian Civil Code (Law No. 287/2009) regulates in articles 1730-1739 the general procedure regarding the exercise of the pre-emption right in the case of the sale contract, following the a priori or a posteriori method. Law no. 17/2014 (in force from April 11, 2014) regulates, through a special procedure, the obligation to respect the right of pre-emption for the sale and purchase of the agricultural lands loca ted outside the city limits, which belongs to the co-owners, lessees, neighbours owners and the Romanian State, through the State Domains Agency. Considering that understanding the right of preemption in its present form is not an easy task, This article aims to present in a logical manner the decisions of the Constitutional Court and of the High Court of Cassation and Justice, relevant for the pre-emption procedure and for the process of implementing the Law no. 17/2014

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Dezvoltarea mijloacelor de comunicare a actelor de procedură civilă în contextul pandemiei de Covid-19

Author(s): Andrei-Radu Dincă,Ioana-Anamaria Filote-Iovu / Language(s): Romanian Publication Year: 0

The context of the health crisis generated by the Covid-19 pandemic represented a good opportunity for the digitalization of the judiciary to evolve, feeling more and more the need to change the paradigm in summoning and communication of procedural acts. In this study, the authors aim to make a critical analysis of the current legislative framework, viewed from a historical perspective, of the means of communication of procedural documents, highlighting the difficulties encountered in judicial practice. In the final part of the study, the authors formulate several de lege ferenda proposals, likely to streamline the activity for the courts

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Implicațiile pandemiei în activitatea notarială

Author(s): Lidia Seceleanu / Language(s): Romanian Publication Year: 0

Resilience is achieved through synergy, the two sine-qua-non conditions in order we may not be subdued by the times and overcome such difficult pandemic times… In the notarial activity, the modern digitization measures which became necessary years before this sad pandemic period we are facing have proved to be appropriate and also mandatory as a solution within the framework of the adequate and cautious medical decisions, which need to regulate such circumstances which belong to the events of force majeure. Under such disturbing circumstances, which naturally generate solutions as well, and overreactions and errors, the notarial activity as a service of public interest has not been interrupted, moreover, the notary public being obliged to ensure the continuity of the entire category of legal facts and deeds based on which the civil legal relationships – civil circuit emerge.

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Aspecte actuale ale exercițiului autorității părintești privind bunurile copilului

Author(s): Cristiana Mihaela Crăciunescu / Language(s): Romanian Publication Year: 0

:The exercise of parental authority over the child and its assets belongs jointly to both parents and it aims to ensure the conditions necessary for the child's upbringing and development of the child’s personality, as well as the protection of the best interests of the child. In the event that one of the parents is dead, missing, unable to express his or her will or if by court decision one of the parents has been granted the exclusive exercise of parental authority over the child, parental authority is exercised exclusively by one of the parents. As for the child’s assets, there is a special situation in which one of the parents is a minor, having limited ability to exercise parental authority. According to the current case law, the exercise of parental rights and the fulfillment of parental obligations regarding the child's assets encounters certain difficulties, especially in situations in which only one of the parents has the right to exercising parental authority. The problem mainly lies in the necessity and opportunity for the guardianship authority to authorize certain documents that the parent must conclude, regarding his or her child’s assets.

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RGPD/GDPR: prelucrarea datelor cu caracter personal la încheierea/executarea unui contract. Unele particularități privind prelucrarea datelor cu caracter personal în condițiile crizei Covid-19

Author(s): Mirela-Carmen Dobrilă / Language(s): Romanian Publication Year: 0

The processing of personal data is legal if the conditions of Regulation (EU) 2016/679 - GDPR are met. Regarding the legality of the processing, the article focuses on the processing of personal data under the conditions of art. 6 GDPR: processing is necessary for the performance of a contract to which the data subject is party or in order to enter into a contract. The article draws boundaries between this legal basis for processing and consent-based processing. The crisis caused by the Covid-19 pandemic brought many challenges, the article analyzing some aspects related to the processing of personal details in the context of the Covid-19 crisis.

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Limitation of Fundamental Rights and Freedoms in a Pandemic through Administrative Acts Issued by Public Authorities

Author(s): Adina Georgeta Ponea / Language(s): English Publication Year: 0

In Romania, the legislator considered to regulate, on a temporary basis, some necessary measures in the field of public health in situations of epidemiological and biological risk, to prevent the introduction and limit the spread of infectious diseases. Measures such as the quarantine or isolation of persons shall be ordered and applied exclusively for the protection of public health, respecting the fundamental rights and freedoms of citizens, meaning that they must be in proportion with the situation which determined them, limited in time to this and applied in a non-discriminatory manner. Public authorities such as the Public Healthcare Direction - for individual cases or the National Committee for Situations of Emergency - for populational groups, have the legal competence to assess and order either the quarantine of persons or the zonal quarantine by reasoned decision which will contain endorsments on the date and the issuer of the act, the name and identification data of the quarantined person, but also the duration of the measure and the remedy provided by the law.

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Aggressive Behavior during Covid-19

Author(s): Gabriel Tănăsescu / Language(s): English Publication Year: 0

This article describes the causal link between COVID-19 and the perpetrator's aggressive behavior, influenced by the traumatic experience of the new social conditions imposed by the pandemic. The victims of domestic violence are during this period affected by social restrictions, lack of communication with the authorities, the presence of the perpetrator in the family environment. Alcohol and drug use, temporary loss of employment, traffic restrictions, lack of livelihood, financial insecurity and poor hygiene conditions negatively affect the perpetrator's mental state. Scientific studies on suicide attempts of adolescents and adults, patients with COVID-19, as well as aggressive behavior after treatment and after discharge from medical centers are analyzed. A meta-analysis of the causal relationship between the virus and other environmental factors that may contribute to the formation of neurological disorders is also presented.

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The inapplicability of personal exceptions between joint debtors and creditors, under Romanian and French private law

Author(s): Juanita Goicovici / Language(s): English Publication Year: 0

The paper examines the problematics of invoking personal exceptions between joint co-debtors and the creditors, while proposing a comparative approach to the incidental legal provisions and jurisprudential guidelines under Romanian and French pri- vate law. As stated in a recent decision of the French Court of Cassation (Fr. Cass., 2nd Civ., dec. of 20th May 2021), the guaranteed exception based on the existence of an insurance contract against the risks related to death, concluded by a co-debtor constitutes a purely personal exception to the latter, which cannot be invoked against the debtor by the coobligor jointly liable for the payment of the debt. On the other versant, the provisions of art. 1448 of the Romanian Civil Code omit to make express references regarding the inapplicability of personal exceptions between the joint co-debtors, postulating, in- stead, in the second thesis of art. 1448, para. (1) of the Romanian Civil Code that, against the common creditor, the joint co-debtor cannot use the means of defence that are purely personal to another co-debtor. Viewed in „parallel mirrors”, the provisions of art. 1313 of the French Civil Code capture the attention of the analyst by retaining that “Solidarity between debtors obliges each of those to pay the full amount of the debt. The payment made by one of the co-debtors is releasing the other co-debtors towards the common creditor for the paying of the debt”; following the desideratum to avoid bearing the risk of insolvency of other co-debtors by the debtor who made the payment, the French legislator provided, in the text of art. 1310 of the Civil Code, that such solidarity „cannot be presumed”, except for commercial relations.

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Aspects of comparative law regarding the regulation of civil procedural capacity in Romanian and Spanish law

Author(s): George-Bogdan Ionita / Language(s): English Publication Year: 0

This study aims to address an important topic of great interest, both from a practical point of view and from a theoretical point of view. The main objective of the research will materialize especially on the analysis of the current regulation of Romanian law (current Code of Civil Procedure) of procedural capacity, as an essential condition for exercising a civil action in court. Similarly, the research will seek to identify and analyze the provisions of Law no. 1/2000 on procedural capacity in current Spanish law. The study will also focus on identifying possible similarities and differences between the two regulations of procedural capacity, in order to provide a more realistic picture between the legislative approach of the institution in the two legal systems under study. In carrying out this research, mainly specialized works will be used, but especially the legislation in force regarding the procedural capacity, both in Romania and in Spain.

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The common Franco-German matrimonial property regime of the community of surplus

Author(s): Konstantin Keller / Language(s): English Publication Year: 0

On February 4, 2010, Germany and France signed an international treaty that broke new legal ground. The intention of both states was to introduce a new, common elective matrimonial property regime that would apply equally in both countries. This was implemented on 01.05.2013. The provisions of this elective matrimonial property regime are based primarily on the provisions of the statutory German matrimonial property regime, the “statutory matrimonial property regime of the community of surplus”, but also incorporate important elements of French matrimonial property law. Other EU member states can accede to the agreement as well. As a result of this matrimonial property regime, a common substantive law has been created in the contracting states, which has not yet existed in this form in the EU. The intention is to standardize the matrimonial property regimes within Europe.

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Book X ("Trusts") of the Draft Common Frame of Reference (DCFR): subject of doctrinal discussions and model of inspiration for the legislator of the Republic of Moldova

Author(s): Irina Digori / Language(s): English Publication Year: 0

The Draft Common Frame of Reference (DCFR) project is a comprehensive work to harmonize the rules of private law in the European area. Although it has not gained legal force at European level, the project has undeniable value for the development of private law and can serve as a model for legislators in different states. This has already happened in the case of modernization of the Civil Code of the Republic of Moldova. For the matter of trusts, in DCFR was allocated a separate book - Book X ("Trusts"), which was the basis for the regulation of the institution "fiducia" in the Civil Code of the Republic of Moldova. The purpose of this article is to analyze the assessments and criticisms that have been brought to Book X of DCFR, but also to assess the extent to which the legislator of the Republic of Moldova has followed the model of these rules. Thus, the discussions in the doctrine regarding the strengths and weaknesses of Book X are revealed, the sources of inspiration of the DCFR authors are analyzed and the way in which the institution of "fiducia" in the Civil Code of the Republic of Moldova follows the DCFR trust model is presented. Some comparative observations are also made with reference to the "fiducia" in the Romanian Civil Code.

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Трансформации между публичната и частната собственост в римското право

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Publication Year: 0

The article is dedicated to the transformations between public and private property in Roman law. Some methodological and terminological issues are considered. Special attention is paid to three of the forms of transformation of private into public property in Ancient Rome – confiscations and proscriptions as a sanctions and expropriation for public utility as an activity of the Roman administration, conditioned by utilitas publica, but respecting the private interests. Finally conclusions about the genesis of the relevant regulation in modern law at national and international level are presented.

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Вътрешните имуществени отношения в едно неперсонифицирано цяло

Author(s): Polya Goleva / Language(s): Bulgarian Publication Year: 0

In Bulgaria, the subject of research were the internal property and non-property relations in the legal entity – departments, companies, non-profit legal entities, political parties and other associations of two or more persons, which the law declares as legal entities, but has not addressed attention to impersonal communities, to associations of people and means with a view to achieving a certain goal (commercial, economic, ideal, political, religious, etc.). There is a gap in our theory that I do not intend to fill, but I intend to establish what is specific in the property relations between the members of this community and whether it can be summarized. Is there anything specific, different in the property relations that arise within an impersonal whole and whether it has an advantage or disadvantage compared to the property relations that exist within a personified whole.

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Бележки относно добросъвестността в гражданското право на страните от континенталната и англосаксонската правни фамилии

Author(s): Aleksandar Ivanov / Language(s): Bulgarian Publication Year: 0

The report is dedicated to the principle of a good faith in the continental and Anglo-Saxon legal systems. As examples of comparison the German law, where for a long time the good faith has received the status of a general principle of the law, and English contract law, the case law does not comprehend as a principle, but it uses other legal mechanisms to pronounce fair legal decisions are primarily used.

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Последици, действие и отмяна на съдебното решение по чл. 108 от Закона за собствеността

Author(s): Tsvetanka Ivanova-Stoyanova / Language(s): Bulgarian Publication Year: 0

Although rarely used in practice, the revocation is an extrajudicial review is a legal remedy against enforced vicious judicial acts and is undoubtedly necessary for the effective exercise of the right of ownership over immovable and movable property. It cannot be used to remedy deficiencies when the party in the court proceedings has not exhausted all procedures to protect its rights, but can be used to impose justice in favor of the beneficial owner of the property in cases expressly provided by law.

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Възможност за участие на трето заинтересовано лице в производството при отнемане на имуществото му в полза на държавата - гаранция за защита на правото на собственост, регламентирано в КЗПЧОС и правото на ЕС

Author(s): Antoniy Gatov / Language(s): Bulgarian Publication Year: 0

The hereunder article aims to propose an analysis of the compliance of several provisions in the Bulgarian Criminal Code and other special Acts regarding the confiscation of property, with Article 1, Protocol I to the European Convention on Human Rights and the European Union Charter of Fundamental Rights. More precisely – when the property is being confiscated even when it is not owned by the perpetrator. The author has examined various positions held in the doctrine and the case law, both at national and European level, based on which has formed a conclusion and has proposed a potential solution to the problem.

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Оценка на въздействието върху околната среда в Република България

Author(s): Georgi Penchev / Language(s): Bulgarian Publication Year: 0

This scientific study is dedicated to some current problems of the legal regime of the environmental impact assessment in the Republic of Bulgaria. The attention is paid to the legal essence and stages of development of this administrative procedure under the Environmental Protection Act of 2002. In the conclusion some more general conclusions from the existing legal regulation as well as suggestions for its improvement are made.

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