Arhiva
Pagina 12 din 19
Contribuții la studiul competenței instanței de tutelă
Numărul 6 Anul 2020
Numărul 6 Anul 2020
In the context of the current Romanian civil and procedural civil regulations, establishing the jurisdiction of the guardianship court proves to be a difficult step. The problems are determined by the numerous and fragmented changes regarding the competence of the guardianship court, as well as by the transitional measures incidental to the establishment and functioning of this court. In these circumstances, in order to facilitate the interpre...
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O situație în care dezlegările instanței superioare nu ar trebui să fie obligatorii pentru instanța de rejudecare
Numărul 6 Anul 2020
Numărul 6 Anul 2020
This study reveals and submits to the debate of specialists a potential conflict situation generated by the current formulation of art. 480(3) the final thesis and art. 501(1) of the Civil Procedure Code, which relates the retrial court to the application of the legal solutions issued by the control court, without excluding that this application may lead to the disregard of the European Convention for the Protection of Human Rights and Fundam...
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Regimul juridic al raporturilor de muncă întemeiate și neîntemeiate pe un contract individual de muncă
Numărul 6 Anul 2020
Numărul 6 Anul 2020
The legal regime of employment relationships based and not based on an individual employment agreement refers to all the rules provided by law regarding the situation of the parties between whom these are established; it depends on the category of employers (of private or public law) under which the work is carried out, as well as on its specificity, which determines certain requirements and limitations to both subjects.
In this materia...
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Contribuții la studiul regimului juridic al drepturilor morale de autor
Numărul 6 Anul 2020
Numărul 6 Anul 2020
The analysis of various approaches in the Romanian legal literature, including those related to copyright, denotes the tendency to present and, implicitly, to unreservedly embrace theses from foreign doctrine. It is a known and true fact that the “Romanian legislator”, in substantiating some normative solutions, was also inspired by the regulations or doctrine from other states. However, it is equally true that insisting on them, e...
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Arbitrajul, instrument de evitare a incertitudinilor ce le produce legea în mediul afacerilor
Numărul 6 Anul 2020
Numărul 6 Anul 2020
The author studies the arbitral mechanisms from a specific perspective, in his own methodology, obviously following practical consequences. His formulations give expression to older preoccupations to study the negative effects produced by them – in civilian life – the uncertainty of the unclear, incomplete or badly done positive norm, as well as the always non-unitary jurisprudence.
Arbitration – occasional or institutional – is analyze...
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Natura ca subiect de drept: experiențe antropo-culturale necesare ori/și progres juridic?
Numărul 6 Anul 2020
Numărul 6 Anul 2020
The legal recognition of other legal subjects besides the human being – either individually, as a natural person, or collectively, as a legal (moral) person – is a challenge both in the strict context of the science of law and at the ontological level, exceeding the limits of the strictly legal approach and contaminating the social and scientific perspective of the human-nature (environment) relationship. The evolutions and transfo...
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Limitele dreptului la viață privată în contextul educației digitale
Numărul 6 Anul 2020
Numărul 6 Anul 2020
Starting from the premise that the right to privacy is a fundamental element of our society, as well as of dignity and human freedom, the paper aims to analyse to what extent and by what means there may be limitations or violations of this fundamental right and how personal data may or must be processed in the context of digital education.
The health crisis generated by the pandemic of Covid-19, imposed special measures in the educatio...
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Securitatea datelor cu caracter personal. Analiza infracțiunii de divulgarea secretului profesional
Numărul 6 Anul 2020
Numărul 6 Anul 2020
Social reality, the diversity of social relations implies the inevitable interaction between individuals and situations that require the transmission of certain personal data, confidential, regarding the intimate, private life of the person, third parties, different categories of professionals. Thus, the exercise of certain professions or the fulfillment of certain functions allows access to certain information or personal data of the platform...
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Aplicarea în România a dispozițiilor art. 57 din RGPD, privind sarcinile autorității de supraveghere
Numărul 6 Anul 2020
Numărul 6 Anul 2020
The general data protection regulation attaches particular importance not only to the regulation of the independent status of supervisors or the way in which they cooperate, through mechanisms of cooperation and coherence, but also to the definition of the powers, tasks and competences that a supervisory authority has. During our comparative analysis regarding the text of art. 57 of the Regulation, which includes the main tasks of a superviso...
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Perspectivă istorică asupra Instituției Statului
Numărul 5 Anul 2020
Numărul 5 Anul 2020
The article aims to present the State Institution from a historical perspective, with reference mainly to the Romanian realities that exist on our homeland’s territory. In the second part of the paper we show the characteristics of the Capitalist State of the contemporary period trying to establish at the level of principles, some of the essential ones, in our opinion, from the perspective of building the future of the present.
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Opinii privind căsătoria persoanelor de același sex în România din perspectivă exclusiv juridică
Numărul 5 Anul 2020
Numărul 5 Anul 2020
Through this study we resume a topical issue of great interest in Romania, on which we have focused in previous papers, some published in the journal “Pandectele Române”.
The question that remains is to determine whether, at present, in Romania, same sex marriages are allowed or not.
Unlike the previous approaches, we have found it appropriate to take a look at the evolution, in the Romanian space, of the regulations dedicated to...
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Câteva aspecte privind legislația care reglementează activitatea de judecată în timpul crizei sanitare Sars-CoV-2
Numărul 5 Anul 2020
Numărul 5 Anul 2020
With the adoption of Decrees no. 195/2020, 240/2020, of Law no. 136/2020 and other relevant provisions governing the activity of the trial, a number of consequences have occurred in the public space regarding the implementation of justice in the current context of the health crisis, which will be analysed in this paper. Efforts will be made to identify possible shortcomings that would bring about difficulties for practitioners as well as conc...
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Cadrul juridic general al dreptului de preemțiune la vânzare, reglementat de Codul civil
Numărul 5 Anul 2020
Numărul 5 Anul 2020
In general, the institution of the „right of preemption” is understood as a faculty enjoyed by a person, to be preferred to any other person, when buying a certain good. Strictly legal, the right of preemption is a subjective civil, legal or conventional right, which gives preference to some persons, holders of the right, to buy a good, at an equal price, when its owner sells it. In short, the right of preemption manifests itself as a legal m...
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O jurisdicție a internetului: aplicarea teritorială a prevederilor RGPD în contextul platformelor digitale
Numărul 5 Anul 2020
Numărul 5 Anul 2020
This article discusses the territorial application of the provisions of the GDPR in the context of digital platforms made available by organizations outside the Union through an analysis of relevant CJEU case law and EDPB recommendations. In the introduction we have shown the main criteria for establishing the territorial application of GDPR, in section 2 we have analyzed the notion of headquarters in the context of GDPR, and in sections 3 and...
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Contribuții la demarcația dintre opinia separată și opinia concurentă
Numărul 5 Anul 2020
Numărul 5 Anul 2020
The article analyzes the concepts of separate opinion and concurring opinion as an expression of the constitutional and legal principle of the independence of judges, the difference between them, their legislative enshrinement and their importance for the decisions of the Constitutional Court. According to the author, the separate and concurring opinions have a constitutional legitimacy and, therefore, they cannot be censored by the majority ...
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