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Pagina 14 din 24
Opinii cu privire la autonomia de voință în materie contractuală în dreptul internațional privat român
Numărul 5 Anul 2021
Numărul 5 Anul 2021
In accordance with its name, but without being exhaustive, in the proposed study we present various opinions on the autonomy of will in contractual matters in substantial Romanian private and international law, as well as some references to this legal institution in European Union law. Without proposing a critical analysis, where appropriate, we expressed our own views and pointed out various inadvertences or normative or even doctrinal incon...
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Înregistrarea clandestină – mijloc procesual de probă admisibil? Incursiune doctrinară și jurisprudențială, cu specială privire asupra litigiilor de muncă
Numărul 5 Anul 2021
Numărul 5 Anul 2021
The article debates the issue of the admissibility as evidence, in labour disputes, of clandestine audio or video recordings, without the aggressor’s consent, made by the victim of the intrusive and/or abusive conduct, as a form of harassment. In practice, the difficulty is given by the doubt of the courts regarding the admissibility of such recordings, obviously not wanted and not authorized by the aggressor, coming from the circumstan...
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Protecția consimțământului consumatorului prin intermediul dreptului de denunțare unilaterală a contractului
Numărul 5 Anul 2021
Numărul 5 Anul 2021
The right of withdrawal in consumer law is seen as a technique by which the legislature compensates the unequal balance of power at the time of concluding the contract by giving the consumer the opportunity to quietly examine the consequences of his purchase, to get information about the price of equivalent products or to consult with his family or his entourage, thus allowing the consolidation of consent. In point of legal nature, the right o...
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Elemente esenţiale ale protecţiei datelor în 2020
Numărul 4 Anul 2021
Numărul 4 Anul 2021
The year 2020 was an important one for data protection and cybersecurity, first of all as a result of the intervention of the SARS-CoV-2 coronavirus pandemic, a context that made it difficult for authorities, data controllers, data subjects, but also boosted the use of the Internet. Using applications increases the risk of data security breaches.
The authors propose a useful radiograph to practitioners, but also to the genera...
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Succinte consideraţii despre beneficiul de diviziune
Numărul 4 Anul 2021
Numărul 4 Anul 2021
According to the provisions of Article 2298 (1) of the Civil Code, the benefit of division represents the right recognized to the guarantor, in the case that there are more obliged guarantors for the same debt, to request the creditor to first divide its action and reduce it to each share.
Plea of the benefit of division appears to be a limitation of the rule established under the provisions of Article 2297 of the Civil Code, according...
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Încetarea contractului prin denunţare unilaterală: regulă sau excepţie?
Numărul 4 Anul 2021
Numărul 4 Anul 2021
The contract is the law of the parties. Thus, validly concluded, the contract has the force of law for the parties and therefore, in principle, cannot be terminated by the will of a certain party.
The termination of the contract by unilateral termination is, however, one of the ways to terminate it, provided by the Civil Code.
The paper proposes a brief analysis to answer the question: is unilateral termination a rule or is it an...
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Respectarea normelor procesuale în activitatea de ascultare a persoanei vătămate minore – garanţie pentru soluţionarea echitabilă a unei cauze penale
Numărul 4 Anul 2021
Numărul 4 Anul 2021
Without being ignored in any way by the national legislator, the situation of the minor victim has been substantially improved in terms of the procedural rights regulated in the new criminal procedural legislation .Although there were specific provisions for the protection of this vulnerable category of persons in the previous regulation, the new legislation also took into account the established jurisprudence of the European Court of Human R...
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Dreptul de trecere și servitutea de trecere – moduri de constituire. De la teorie la practică
Numărul 4 Anul 2021
Numărul 4 Anul 2021
The provisions of the Romanian Civil Code adopted in the field of main real rights must be analyzed both from the perspective of regulation and from the perspective of the issues they may raise in practice. In this paper, we will try to approach the legal limit of the private property right – the right of way compared with the right of servitude – a dismemberment of the private property right.
...
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Eficacitatea și caracterul definitiv al operaţiunilor de transfer de acţiuni pe piaţa bursieră (segmentul de piaţă AeRo al Bursei de Valori București), prin comparaţie cu eficacitatea și reversibilitatea actelor juridice de drept comun
Numărul 4 Anul 2021
Numărul 4 Anul 2021
This study aims to highlight the main differences between the formation of contracts governed by the general regulatory framework and the emergence of legal relations on the stock market, but especially the inoperability, in principle, of causes of nullity or revocation of share transfer operations performed on the stock market, as compared with the nullity of common legal acts, with an emphasis on the impossibility of applying the principles...
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Nerespectarea protecţiei datelor de către operatorii din domeniul educaţiei: sancţiuni din Europa, practici din România
Numărul 3 Anul 2021
Numărul 3 Anul 2021
The use of personal data is inevitable in any human activity, and, even more so, in educational, didactic activity. The teacher-student relationship subscribes not only to rules on education but also to compliance with national and European regulations. This is the main relationship established in education, but education is an equation with many factors and even more unknowns. The entry into force and implementation of the General Regulation ...
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Evoluţia legislaţiei în materia insolvenţei din 1989 până în prezent
Numărul 3 Anul 2021
Numărul 3 Anul 2021
The insolvency always represented one of the issues of the economic and social life which have constantly concerned the legislator, from the period prior to the year 1989, when it did not benefit from autonomous norms, until the current regulation of the prevention of the insolvency and insolvency proceedings, when we can speak about a real insolvency law.
The freedom of trade, the dinamism of the commercial relations more and more comp...
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Cum învăţăm să scriem legi
Numărul 3 Anul 2021
Numărul 3 Anul 2021
Using the author’s own experience throughout twenty of the thirty years of post-1989 Romanian legislation, this article analyses the ways in which those entitled to initiate draft normative acts, learn to do so by drafting and substantiating them, so that, after their entry into force, they can achieve their initial purpose. The examples used, highlight the not only the multitude and unpredictability of the rules, which lead to legal uncertai...
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O abordare evolutivă succintă a legislaţiei și surselor dreptului internaţional privat român după anul 1989
Numărul 3 Anul 2021
Numărul 3 Anul 2021
This study reveals two issues: a perspective on the common legislation of Romanian private international law after 1989 and the constitutional base of Romanian private international law, by reference to the Romanian Constitution of 1991. The original idea of the study is that it shows a new conception of relevant constitutional terms in respect of the alien and the citizen, from a perspective of private international law.
...
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Supremaţia și stabilitatea Constituţiei. Comportamentul constituţional loial al autorităţilor publice
Numărul 3 Anul 2021
Numărul 3 Anul 2021
The procedure for amending the Constitution is extremely difficult, almost impossible in the current social and political context. The essence of a constitution is its stability over time because only in this way can ensure the stability of the entire normative system of a state, certainty and predictability. the conduct of legal subjects but also to ensure the legal, political and economic stability of the social system as a whole.
The ...
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Studiu cu privire la regimul juridic al unor drepturi bănești ale personalului din sectorul bugetar
Numărul 3 Anul 2021
Numărul 3 Anul 2021
The income situation of employees paid from public funds has been a thorny issue since 2004. The law on the status of civil servants at that time enshrined the right to two salary components, which the legislator later suspended. Ruling on this suspension, the Constitutional Court of Romania has shown that, at the expiration of the suspension period, the normative act or the provision affected by the suspension re-enters into force. They also ...
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