REZOLUŢIUNEA ŞI REZILIEREA CONTRACTULUI ÎN NOUL COD CIVIL

Author(s): Gabriel Tiţa-Nicolescu / Language(s): Romanian Issue: 02/2016

In this study, the author describes the institution of rescission and of termination of the contract in the new Civil Code, which are civil sanctions and consist in the termination of the contract. The structure and the body of the study reveal the comments on the conditions of the rescission and termination, on the significant or repeated nature of the non-performed obligation, on the types of rescission, on the effects of rescission and of termination. Finally, the author puts forward brief considerations related to the effects of rescission and of termination.

INFLUENŢA ELEMENTELOR DE EXTRANEITATE ASUPRA DREPTULUI DE LIBERĂ STABILIRE A SOCIETĂŢILOR COMERCIALE

Author(s): Gabriel Mihai / Language(s): Romanian Issue: 02/2016

In this study, the author describes the phenomenon of establishing the registered office by the companies considering also the influence of the extraneity elements. The structure and the body of the study reveal the comments on the right of establishment of legal entities, on the nationality and registered office of the company, on the powers and restrictions of the right of the freedom of establishment of companies and on the European legal and case-law framework regarding the right of establishment of legal entities. Finally, the author puts forward brief considerations regarding the European case law in the matter of the right of establishment of companies.

CLARITATEA, PRECIZIA ŞI PREVIZIBILITATEA ACTELOR NORMATIVE – CONDIŢII DE CONSTITUŢIONALITATE A ACESTORA

Author(s): Ioan Chelaru / Language(s): Romanian Issue: 02/2016

In this study, the author examines the constitutionality-related conditions of the legal acts, namely, their clarity, precision and predictability, through two decisions of the Constitutional Court of Romania (D.C.C. no. 30/2016 and D.C.C. no. 31/2016). The structure and the body of the study reveal the comments on the constant case law of the Constitutional Court, and it was found that, even if the rules of legislative technique had no constitutional value, their regulation imposed a series of mandatory criteria for the adoption of any legal act, whose observance was needed for ensuring the systematization, unification and coordination of the legislation, as well as the legal content and form adequate for each legal act. Finally, the author puts forward brief considerations regarding the decisions of the Constitutional Court under which it quashed the constitutional nature of the criticized regulating provisions and decided that they breached art. 1 par. (5) of the Constitution.

CONTESTAŢIA ÎN ANULARE, ÎNTRE TRECUT ŞI PREZENT, ÎN REGLEMENTAREA CODULUI DE PROCEDURĂ PENALĂ ÎN VIGOARE

Author(s): Gheorghiţă Mateuţ / Language(s): Romanian Issue: 02/2016

In this study, the author describes the legal regime of the appeal for annulment, which is an extraordinary withdrawal remedy, as regulated in the Code of criminal procedure. The structure and the body of the study reveal the comments on the legal nature from an historical and comparative law perspective, on the cases of the appeal for annulment, on the procedure of the appeal for annulment (including the remedies at law), and for the purpose of the above, it was taken into consideration the doctrine developed by important names in the field of domestic and international law (C. Tănase, G. Tudor, N. Volonciu, A.S. Uzlău, M. Udroiu, I. Tanoviceanu, I. Ionescu, V. Panţurescu, V. Dongoroz, S. Kahane, I. Oancea, I. Fodor, N. Iliescu, S. Petrovici, D.V. Mihăescu, V. Rămureanu, J. Pradel, M. Delmas Marty, Y. Desdevises, M.-L. Rassat, B. Bouloc, S. Guinchard, J. Buisson, J. Pradel, G. Roussel, F. Desportes, L. Lazerges-Cousquer, J. Larguier, Ph. Conte, H.-D. Bosly, D. Vandermeersch, M.-A. Beernaert, M. Franchimont, A. Jacobs, A. Masset, W.R. LaFave, J.H. Israel, Nancy J. King, Orin S. Kerr, Ch.E. Torcia, J.B. Haddad, E.P. Marsh, J.B. Zagel, L.R. Meyer, G.L. Starkman, W.J. Bauer, A. Vlăşceanu, G. Tudor, Gr. Theodoru, C. Văleanu, Tr. Pop, I. Neagu). Finally, the author puts forward brief considerations regarding the appeal for annulment, considering that this remedy is deemed the most comprehensive remedy at law in the matter of curing the errors of law.

CONSIDERAŢII ASUPRA PROCEDURII ABREVIATE ÎN CAZUL RECUNOAŞTERII ÎNVINUIRII

Author(s): Matei-Ciprian Graur / Language(s): Romanian Issue: 02/2016

In this study, the author describes the institution of the admission of guilt as a continuation of the previous regulation set forth by the Old Code of criminal procedure, stemming from the desire of the State to accelerate the time-limits for conducting criminal proceedings, both due to the European rigors in the matter and as a result of the intent to observe the right to a fair trial. The structure and the body of the study reveal the comments on the regulation of the institution, on the admission of guilt, on the probative mechanism, on the admissibility (the issue of the extension of the admission of guilt), on the solutions of the court (the differences as compared to the previous regulation), on the civil side of the case, and on certain procedural aspects, and for the purpose of the above, it was considered the doctrine developed by certain important names in the matter of law (Gh. Mihai, M.-C. Graur, V. Paşca, G. Bodoroncea, M. Udroiu, C. Bogdan, S.H. Kadish, St.J. Schulfofer, M.G. Paules). Finally, the author puts forward brief considerations regarding the institution of the admission of guilt as materializing the intent of the State to refer to new techniques of criminal and procedural policy, which provides the principle of celerity with increased importance.

CRIMA DE AGRESIUNE – UN UPDATING SAU UN UPGRADING NECESAR?

Author(s): Liviu-Alexandru Lascu / Language(s): Romanian Issue: 02/2016

In this study, the author describes certain conflicts, which have led to major concerns at the level of the international community in the recent years. The structure and the body of the study reveal the comments on the State and on the issue of its criminal liability – the crime of aggression -, of the after-Kampala echoes, amongst others, on the authorization of the armed intervention by the U.N. Security Council, on the humanitarian intervention, on the military support for the self-determination movement, on the regulation deficiencies of the constituent content of the crime of aggression and so on, and for the purpose of the above, it was considered the doctrine developed by certain important names in the matter of law (L. Anderson, S. Wilson, T. Anderson, R. Sherlock, R. Nordland, L. Cendrowicz, D. M. Herszenhorn, S. Rosenberg, I. Birrell, S. Walker, E. Solomon, D. Hubert, T.G. Weiss, A. Lamb, G. Evans, M. Sahnoun, M. P. Scharf, M. Walzer, A. Lamb, M. Gillett, N. Wilson, M. Gillett, S. Alexandrov, A. Cassese, C. Greenwood, M. E. O’Connell, M. Gillet, D. Murphy, R. Goodman, J. Stone, I. Browlie, K. Anderson). Finally, the author puts forward brief considerations regarding the crime of aggression, in the sense that if the worldwide public opinion has expected an upgrading which may enforce it in practice ever since the adoption of the Statute of the International Criminal Court in 1998, it is found, according to its definition during Kampala Conference, in direct disagreement with the manner in which the military conflicts are conducted at present, that it needs also a serious upgrading, in order to prove its efficiency.

INTERVIU

Author(s): Gheorghe Mihai / Language(s): Romanian Issue: 02/2016

SUBSTITUŢIA FIDEICOMISARĂ – ÎNTRE UTILITATE ŞI OSTILITATE

Author(s): Daniela Negrilă / Language(s): Romanian Issue: 06/2016

SUBSTITUŢIA FIDEICOMISARĂ – ÎNTRE UTILITATE ŞI OSTILITATE

ÎNDEPĂRTAREA EFECTELOR NEDEMNITĂŢII SUCCESORALE DIN PERSPECTIVA SUCCESIUNILOR CU ELEMENTE DE EXTRANEITATE

Author(s): Nicolae-Ciprian Nica / Language(s): Romanian Issue: 06/2016

In this article, the author deals with the issue of removal of the effects of indignity of succession from the point of view of successions with external elements. The structure and the content of the study reveal the comments on the possibility of pardoning the person undignified to inherit, however the lawmaker indicates that: “without an express statement, the legacy incumbent on the undignified person after committing the offence which entails indignity shall not be deemed as removal of the effects of indignity”, which shows that the lawmaker intervened by blocking the rehabilitation of indignity of succession against the relational realty existing between the author of succession and the successor even if this was made by a gift or by a legacy concluded subsequently to the offences committed by the successor, and which caused indignity, the author of succession demonstrated a rehabilitation of the relationship between him/her and the successor. Finally, it is desirable to draw attention to a procedure as that of pardoning the undignified person and removing the effects of indignity of succession, a procedure which, in our view, is incomplete, to provoke those professionals concerned with procedural regulations aiming at international successions, to consider also the issues related to the removal of the effects of indignity of succession which may be seen in those successions containing external elements.

CONTRACTUL DE EDITARE ÎN REGLEMENTAREA LEGII NR. 8/1996 PRIVIND DREPTUL DE AUTOR ŞI DREPTURILE CONEXE

Author(s): Teodor Bodoasca,Viorica Cornelia Grăjdeanu / Language(s): Romanian Issue: 06/2016

In this study, the author describes the editing contract in the regulation of Law no. 8/1996 on copyrights and related rights, under which the holder of the copyright assigns to the editor, in return for a remuneration, the right to reproduce and distribute the work. The structure and the content of the study reveal the comments on the legal regime applicable to the editing contract, to the definition and delimitation of the editing contract, to the scope of the editing contract, to the parties to the editing contract, to the object of the editing contract, to the publication of the work in soft copy, to the destruction of work or to their copies, to the determination and payment of remuneration in case of the editing contract, to the form and provisions of the editing contract, to the effects of the editing contract, to the assignment of the editing contract and to the termination of the editing contract. Finally, the editing contract shall mean the “assignment” of the right to reproduce, to distribute and possibly, to certify the translation and adapt the work by the holder of the copyright. Nevertheless, the editor, as a result of the editing contract, only acquires the “use” of these rights, but not the rights as such.

EFECTELE RADIERII SOCIETĂŢII COMERCIALE ASUPRA PERSONALITĂŢII SALE JURIDICE

Author(s): Gabriel Mihai / Language(s): Romanian Issue: 06/2016

In this article, the author examines the effects of deregistering the company on the legal personality, is deregistration may concern the registration of the company itself or only certain entries related to it, which were registered in the Trade Register, representing an operation which may take place at any time during the operation of the company or upon its cessation, following its dissolution and liquidation. The structure and the content of the study reveal the comments on dissolution and liquidation, following which deregistration of the company from the Trade Register results, when the certificate for deregistration is issued, an action which certifies the cessation of business. Finally, the legal effect of closing the procedure of liquidation and deregistration from the Trade Register shall be represented by the loss of legal personality and implicitly by its attributes: the legal capacity, the capacity to act and its assets. As long as the company ceased to exist and it does not own its assets anymore, whose entirety should be followed up by the judicial liquidator, it cannot stand trial anymore.

CONSIDERAŢII PRIVITOARE LA MODIFICAREA ART. 305 DIN CODUL DE PROCEDURĂ PENALĂ

Author(s): Virgil-Bogdan Boglea / Language(s): Romanian Issue: 06/2016

In this article, the author exposes his considerations regarding the amendment of art. 305 of the Code of criminal procedure, which refers to the fulfilment of the conditions of the document instituting proceedings and ordering the initiation of criminal proceedings in relation to the offence committed or whose commitment is prepared, even if its author is indicated or known by the criminal prosecution body. The structure and the content of the study reveal the comments on the prolegomena and issues generated by the interpretation and application of the new form of para. (1) of art. 305 of the Code of criminal procedure. In conclusion, the enactment for the purpose of amending an organic law through the agency of the emergency ordinances is based on an exceptional state raising measures “urgently” and promptly implemented, and this circumstance is non-existent in case of art. 305 of the Code of criminal procedure. The difficulties relating to the interpretation and enforcement of the new form of the legislative text are not compliant with the aim of clarity and predictability of criminal law.

CALIFICAREA ÎN CONFLICTELE DE LEGI ŞI ÎN CONFLICTELE DE JURISDICŢII

Author(s): Călina Jugastru / Language(s): Romanian Issue: 06/2016

In this study, the author describes the competence in the conflicts of law and in the conflicts of jurisdictions, which is a logical and legal operation of interpreting the sense of the legal concepts expressing the content and the relation of the conflict-of-law rule, of interpreting the concepts and finally, of classification into a legal category – in relation to a system of law. The structure and the content of the study reveal the comments on the preliminary considerations, on the subject matter and mechanism of the competence, on the typology of competence, of the law according to which the competence is given in the Romanian law and on the conclusions. In conclusion, the institution of competence receives new valences in the context of multiplying the European rules in the regulations and directives requiring their transposition into the national laws of the Member States. The European law frequently operates with autonomous concepts and generates parallelism with the national regulations, as regards the competence of certain similar or identical concepts.

Hit és törvény viszonya a Gal 2,15–4,7-ben

Author(s): György Papp / Language(s): Hungarian Issue: 1/2015

This study provides and exegesis of the Pauline teaching on the relationship of faith and law within the letter to the Galatians, pointing towards the theological and ethical implications of these exegetical insights.

Isten integritása és a keresztyén integritás

Author(s): Dezső Kállay / Language(s): Hungarian Issue: 1/2015

Christian integrity is based on divine integrity. With respect to God, integrity means that he is faithful to himself; with respect to humans, integrity means that human actions are directed by regulated by his or her faith in God. Christian integrity refers to the unity of and consistent relationship between faith and works.

A keresztyének társadalmi felelőssége az 1Pt 2,11–17 alapján

Author(s): Zsolt GERÉB / Language(s): Hungarian Issue: 1/2015

This article is a study on Peter's so-called household codes (Haustafeln), summarising the ethical values of Christians. These admonitions can only be understood properly when the literary context is taken into account.

Közvetett forrásokból ismert graduálok és énekeskönyvek Erdélyben

Author(s): József Tibor Kurta / Language(s): Hungarian Issue: 1/2015

This article focuses on graduals and gradual-like hymnbooks which are known merely from secondary sources, mainly protocols and stock lists. At the same time, while presenting these sources, I venture a suggestion regarding the process by which the change has taken place from the gradual-singing to using strophic hymbooks within the protestant churches.

Van-e bűn ma, s ha igen, hol?

Author(s): János Simon / Language(s): Hungarian Issue: 1/2015

Sin and crime belong to usual ecclesiastical vocabulary. Nonetheless there are great divergences with respect to how this term is interpreted. This study focuses primarily on the postmodern interpretation of sin and crime looking for possible ways to coalesce this view with the traditional biblical imagery. This clarification is essential in view of the current ecclesial discourse.

A szervátültetés etikai vetületei

Author(s): Elek Rezi / Language(s): Hungarian Issue: 1/2015

The possibility of organ transplantation raises discussions not only in the fields of medical sciences but also in the related domains of pharmaceutics, immunology, biology, law, ethics, and even philosophy. In spite of major achievements not all risk factors could have been excluded. Therefore both science and ethics is confronted with questions that can only be answered in the future.

Bethlen Gábor és a vallási türelem

Author(s): Dezső Buzogány / Language(s): Hungarian Issue: 1/2015

The study highlights the larger political context of Gabriel Bethlen's religious tolerance edict. In defiance of current views and practices (see e.g. the Thirty Years War), Bethlen promoted a worldview based on the idea of religious tolerance. This article argues that this stance was endorsed by a Transylvanian tradition and common sense.