COTITATEA DISPONIBILĂ SPECIALĂ A SOŢULUI SUPRAVIEŢUITOR

Author(s): Daniela Negrilă / Language(s): Romanian Issue: 01/2016

In this study, the author examines art. 1090 (“Disposable portion to the surviving spouse” („Cotitatea disponibilă specială a soţului supravieţuitor”)) of the Civil Code, a provision which limits the possibility of acquiring the gratuitousness obtained to the surviving spouse in a lower margin than the ordinary one. The structure and the body of the study reveal the comments on the legal status of the surviving spouse, on the situation in which the surviving spouse is entitled to inheritance in concurrence with other heirs than the common heirs of the deceased person, on the heirs who are not unworthy and who have not waived the inheritance left by de cuius, on the method of calculation of the special disposable portion, and for the purpose of the above-mentioned, the doctrine developed by certain important names in the field of law is taken into consideration (M. Eliescu, F. Deak, R. Popescu). Finally, the author puts forward a few examples of calculation of the special disposable portion.

INTRODUCEREA PĂRŢII RESPONSABILE CIVILMENTE ÎN PROCESUL PENAL: PROBLEME DE CONSTITUŢIONALITATE

Author(s): Liana Iacob,Florentina Frumuşanu / Language(s): Romanian Issue: 01/2016

In this study, the authors examine, by referring to the evolutions of the recent constitutional and conventional case law, the applicable regulation in the matter of participation of a party with civil liability in the criminal proceedings, in order to show any deviation from the constitutional standard which may, in the issue, affect the lawfulness of the final criminal decision and the process for restoration of the position prior to the commission of the crime, by recovering damages. The structure and the body of the study reveal the comments on the trans-border organized crime, on the solutions of the Code of criminal procedure, on the institution of introduction of a party with civil liability in the criminal proceedings, on the regulation of the year 1969, on the provisions of art. 20 par. (1) and art. 21 par. (1) of the Code of criminal procedure, on the recent case law of the Constitutional Court of Romania, on the participation of the party with civil liability in the preliminary chamber procedure, on ensuring compliance with the constitutional rule and case law, on the enforcement of art. 6 of the European Convention of Human Rights. Finally, the authors put forward certain proposals as regards the parties’ introduction in the proceedings.

OPTIMIZARE SAU EVAZIUNE FISCALĂ? VIZIUNEA CODULUI FISCAL ŞI A NORMELOR SALE DE APLICARE RAPORTATE LA LEGEA EVAZIUNII FISCALE

Author(s): Sebastian Bodu / Language(s): Romanian Issue: 01/2016

In this study, the author deals with the consideration of the Tax Code and of its enforcement rules related to the law on tax evasion. The structure and the body of the study reveal the comments on the regulation of the tax evasion crimes, on the concept of tax evasion, on the tax optimization and tax fraud (concealment of the agreement, transfer prices, concealment of the holder of taxable income, choosing the tax residence, management of differences in the treatment of a taxpayer or of an operation or transaction based upon the laws of two or several States, use of the deductibility of interests of intra-group loans), taking into consideration, for the purposes of the above-mentioned, the doctrine developed by certain important names in the field of law (N. Cârlescu; D. Dascălu, I.T. Ştefănescu, I.M. Costea, P. Diaconu, I.P. Filipescu, I.L. Georgescu, E. Petit, R.B. Bobei, M.A. Dumitrescu, N.R. Dominte, D.A. Popescu, D. Pătroi, F. Cuciureanu, V. Radu). Finally, the author puts forward certain brief considerations regarding the deductibility of interests of intra-group loans.

CONSIDERAŢII ASUPRA JURISPRUDENŢEI CURŢII EUROPENE A DREPTURILOR OMULUI REFERITOARE LA COLABORAREA CU FOSTA SECURITATE

Author(s): Razvan Horatiu Radu / Language(s): Romanian Issue: 01/2016

In this study, the author examines the case law of the European Court of Human Rights regarding the cooperation with the former Security Services. The structure and the body of the study reveal the comments on the Romanian issue of the cooperation with the Security Services, on the causes of action in which claimants complained about the lack of access to their own file created by the former Security Services and kept by the secret services or by the National Council for the Study of the security Archives (CNSAS), on the causes of action in which any proved collaborators of these services appealed to the court of Strasbourg, on the freedom of expression, on the protection of the right to respect for private life. Finally, the author puts forward certain brief considerations regarding the manner in which the Court referred to the charges of cooperation with the security Services, on the secret police during the Communist regime.

CONSIDERAŢII REFERITOARE LA RAPORTUL SPECIAL AL AVOCATULUI POPORULUI DIN ANUL 2015

Author(s): Andreea Lorena Popescu / Language(s): Romanian Issue: 01/2016

In this study, the author deals with certain considerations regarding the special Report of the Ombudsman of the year 2015 and entitled “Special report on the detention conditions in penitentiaries and detention and detention on remand centers, which are critical factors for the observance of human dignity and of the right of the persons deprived of liberty”. The structure and the body of the study reveal the comments on the purpose of the Report, on the legal framework, on the case law of the European Court of Human Rights, on the structuring of the Report. Finally, the author puts forward certain brief considerations in relation to the questions raised by the Report and the proposed solutions.

CONSIDERAŢII REFERITOARE LA REGLEMENTAREA NULITĂŢII ŞI LA VALIDAREA CONTRACTULUI NUL SAU ANULABIL ÎN VIZIUNEA NOULUI COD CIVIL

Author(s): Gabriel Tiţa-Nicolescu / Language(s): Romanian Issue: 03/2016

In this article, the author presents certain considerations relating to the regulation of the cases of nullity and to the validation of the void or voidable agreement in the light of the new Civil Code, to the nullity as prevention measure or as sanction. The structure and the content of the study reveal the comments on the concept of nullity, on the importance of distinct approach of the matter, on the legal regulation, on the effects of nullity, as well as on the introductory considerations on the validation of the agreement, on the validation of the agreement by confirmation, on the renewal of the void agreement, on the conversion of the void agreement and finally, on the common and unavoidable error. Finally, the author formulates brief considerations regarding the exceptional situation in which the legal act, even if annulled, produces legal effects, namely, the common and unavoidable error.

VÂNZĂRILE SUCCESIVE ALE BUNULUI – GARANŢIILE ASCENDENTE ÎN AMBIANŢA NOULUI COD CIVIL

Author(s): Juanita Goicovici / Language(s): Romanian Issue: 03/2016

In this article, the author describes the characteristics of the successive sales of the asset, mainly referring to bottom-up guarantees in the light of the new Civil Code. The structure and content of the study reveal the comments on the admissibility conditions of the bottom-up guarantee, on the legal nature, from a historical and comparative law perspective, on the role played by the exculpatory clauses, on the provisions of taking the risk of eviction, the refund of price – the effects of upholding the action to enforce bottom-up guarantee, the type of eviction aimed, on the existence or non-existence and on a direct redhibitory action or for a reduction of price on account of defects against the first seller, taking into consideration, on the basis of the above, the doctrine developed by famous names in the matter of law (D. Chirică, H. Mazeaud, L. Mazeaud, J. Mazeaud, Fr. Chabas, F. Collart Dutilleul, Ph. Delebeque, B. Gross, S. Valory, J. Flour, J.-L. Aubert, J. Mestre, F. Zénati, V. Heuzé). Finally, the author formulates brief considerations regarding the action of the subsequent owner to enforce bottom-up guarantee which is taken over from the assets of its author (intermediary purchaser) against the original seller and which, in principle, shall be subject to the regime of the primary contract, to which the first seller – the defendant in this action – agreed, with some notable exception, namely, the fact that the seller defendant cannot be forced to refund more than the actual price received in the first agreement (plus the damages caused by wilful misrepresentation). Moreover, the initial seller is entitled to oppose the subsequent owner claimant the restrictive clauses or those which exempt from the guarantee

EXCEPŢIILE PROCESUALE ÎN APEL

Author(s): Alin Speriusi-Vlad / Language(s): Romanian Issue: 03/2016

In this article, the author presents certain considerations on the procedural pleas in appeal. The structure and content of the study reveal comments on the procedural plea in the light of the new Code of civil procedure, on the interdiction of combining the procedural pleas with the taking of evidence and the merits of the case, on the classification of the procedural pleas as pleas of first instance and procedural pleas in appeal, as well as on the priority of settlement of procedural pleas in appeal, considering, on the basis of the above, the doctrine developed by famous names in the matter of law (F.A. Baias, V. Belegante, T.C. Briciu, V.M. Ciobanu coord., C.C. Dinu, B. Dumitrache, G. Florea, M. Fodor, I. Gîlcă, D. Ghinoiu, C. Irimia, A. Nicolae, M. Nicolae coord., E. Oprina, A. Rădoi, M. Stancu, A. Ștefănescu, M. Tăbârcă, N. Turcu, M. Ursuţa, G.-L. Zidaru, A. Suciu). Finally, the author formulates brief considerations regarding the existence of certain procedural pleas which, by their nature, occupies the first place in the list of priority of the settlement of pleas, relating to the above-mentioned criteria, inclusively in appeal, for instance: the plea of non-payment of the stamp duty in appeal (but not the plea of non-payment of the stamp duty of the writ of summons, as it could state a reason for appeal which may result in forwarding the debt for collection of the claimant which has not paid or has not paid enough the stamp duty of the introductory action), the plea of absolute incompatibility of a judge of the panel in appeal proceedings and so on.

ADUNAREA GENERALĂ A ASOCIAŢILOR. NATURĂ JURIDICĂ. FORME ŞI TIPURI. ATRIBUŢII

Author(s): Sebastian Bodu / Language(s): Romanian Issue: 03/2016

In this article, the author presents certain considerations on the General meeting of Shareholders which represents a collectivity organized according to law, and which makes, subject to legality, resolutions needed for the existence and operation of the company. The structure and content of the study reveal the comments on the legal nature of the General Meeting of Shareholders, on the forms and types of general meetings, on the terminological distinction between ordinary and extraordinary meeting as regards the joint-stock company, on the lack of terminological distinction between meetings as regards the limited liability company, on the formal unity of the general meeting of shareholders of a company, describing as well, the duties of the general meeting, taking into consideration, on the basis of the above, the doctrine developed by certain famous names in the matter of law (Stelian Ionescu, M. A. Dumitrescu, Paul. I. Demetrescu, Marius Șcheaua, Sorin David, în Stanciu D. Cărpenaru, Sorin David, Cătălin Predoiu, Gheorghe Piperea, Octavian Căpăţînă, Constantin C. Bălescu, Flaminia Stârc-Meclejan, D. D. Gerota, D. Gălăşescu-Pyk, Lucian Bojin, I. L. Georgescu, Ap. Turin, Cornelia Lefter). Finally, the author formulates brief considerations regarding the fact that the lawmaker established all the important duties at the charge of one, respectively of the other form of general meeting, which means that it deliberately let the remaining issues slide, and allowed the shareholders to establish such a power in a statutory manner, when necessary.

REFLECŢII PRIVIND EFECTELE DECIZIEI NR. 51/2016 A CURŢII CONSTITUŢIONALE A ROMÂNIEI DIN PERSPECTIVA JURISPRUDENŢEI CURŢII EUROPENE A DREPTURILOR OMULUI

Author(s): Razvan Horatiu Radu / Language(s): Romanian Issue: 03/2016

In this study, the author examines the effects of the decision of granting of the unconstitutionality of the phrase “or by other State specialized bodies” in the body of art. 142 para. (1) of the Code of criminal procedure, taking into consideration the case-law of the European Court of Human Rights. The structure and content of the study reveal the comments on the main causes in which the Constitutional Court examined the above-mentioned issue, by identifying the rigor particulars related to each case, namely: the case Khan v. the United Kingdom, the case PG and JH v. the United Kingdom, Heglas v. the Czech Republic, the case Dumitru Popescu nr. 2 v. Romania, Judgment Bykov v. Russia, the case Dragojevic v. Croatia, the case Niţulescu v. Romania, considering, on the basis of the above, the doctrine developed by Cristina Rotaru, an important name in the field of law. Finally, the author formulates brief considerations regarding the fact that in the light of the judgments of the Court, the declaration of a text which regulates the bodies being able to carry out the technical supervision as unconstitutional, actually results in the lack of the legal basis of the actions enforced by other bodies than the criminal prosecution ones. Secondly, as it should be noted in the principles resulting from the case law of the Court, the lack of legal basis of certain operative actions deemed as interference in the right to private life and correspondence, at the very most give rise to an infringement of art. 8 of the Convention, but not a breach of the right to a fair trial, provided under art. 6 of the Convention, if the other procedural safeguards are complied with.

DESEMNAREA PROCURORULUI GENERAL AL PARCHETULUI DE PE LÂNGĂ ÎNALTA CURTE DE CASAŢIE ŞI JUSTIŢIE CA MEMBRU DE DREPT ÎN CONSILIUL SUPREM DE APĂRARE A ŢĂRII

Author(s): Codruţ Olaru / Language(s): Romanian Issue: 03/2016

In this study, the author examines the legality, the opportunity or the need of the General Prosecutor of the Prosecutor’s Office attached to the High Court of Cassation and Justice to participate as an ex-officio member in the Supreme Council of National Defense, which lately represents an issue of actual public interest which generated wide discussions, with arguments for and against it. The structure and content of the study reveal the comments on exercising the duties entrusted to the Supreme Council of National Defense, which issues binding decisions on the public administration authorities and public institutions to which they refer. They are liable, according to law, for the actions taken for their enforcement. The whole activity of this institution revolve around the concept of national safety of Romania, an element which, moreover, is fundamental for the institutional relationship of the Supreme Council of National Defense and the Public Ministry. Finally, the author formulates brief considerations regarding the presence of the minister of Justice in the Supreme Council of National Defense; in his capacity as ex officio member, the minister of justice does not cover the achievement of the objectives of the national safety of Romania in a firm and quick manner, from the perspective of the Public Ministry.

A káték "fölöttébb szükséges voltáról"

Author(s): Elek Rezi / Language(s): Hungarian Issue: 1/2014

A Heidelbergi Káté Szentírás-használata, különös tekintettel az úrvacsoráról szóló tanításra

Author(s): Gábor Vladár / Language(s): Hungarian Issue: 1/2014

A Heidelbergi Káté mint keresztelési hitvallás

Author(s): Wim Verboom / Language(s): Hungarian Issue: 1/2014

"Vera iustitia et sanctitate praeditum…"

Author(s): György Papp / Language(s): Hungarian Issue: 1/2014

Die Freude auf das letzte Gericht

Author(s): Eberhard Busch / Language(s): German Issue: 1/2014

A Stehelin-féle, 1752-es Catechismusi Házi-Kints

Author(s): János Hermán M. / Language(s): Hungarian Issue: 1/2014

Kéziratos kátémagyarázatok teológiai vizsgálata

Author(s): Zoltán Ballai / Language(s): Hungarian Issue: 1/2014

Schüler des Katechismus von Heidelberg unter die Predigt

Author(s): Jan van der Graaf / Language(s): German Issue: 1/2014

A Heidelbergi Káté 1. kérdése

Author(s): / Language(s): Hungarian Issue: 1/2014