Arhiva
Pagina 17 din 24
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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Contractele de franciză și clauzele de exclusivitate
Numărul 5 Anul 2020
Numărul 5 Anul 2020
The role of franchising contracts on the current market cannot be neglected, as they have advantages for both the franchisor and the franchisee. Thus, on the one hand, the franchisor has the possibility of creating a franchise network or to develop it, making his business, goods or services even better known, without needing a considerable investment, and, on the other hand, the franchisee enjoys the possibility of implementing a business mode...
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Relaţia popor – stat – naţiune, ca proiecţie a lumii post
Numărul 4 Anul 2020
Numărul 4 Anul 2020
Starting from the concepts of population, state and nation and the interdependencies between them, the article aims to build, based on the fiction called: the post world, to which can be added words such as: pandemic, crisis, industrial, globalization, etc., solutions for the future. We are focused primarily on the Romanian reality in which we work, live and love, which has been and is in a continuous change, which we would like, from the per...
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Criterii concrete şi abstracte de diferenţiere a intenţiei indirecte de culpa cu prevedere în cazul infracţiunilor rutiere soldate cu victime
Numărul 4 Anul 2020
Numărul 4 Anul 2020
Through this study, the author aims, following the analysis of some concrete cases, the recitals of courts, as well as the Romanian doctrine, to identify certain abstract, but especially concrete, criteria for differentiating the offence of murder committed with indirect intent from that of involuntary manslaughter in the event of road accidents.
I consider this study to be useful and relevant, taking into account a change in the view of...
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Metode juridice de cercetare în administraţie
Numărul 4 Anul 2020
Numărul 4 Anul 2020
Applied research and the use of legal research methods in the field of public administration is particularly valuable, even if it is and represents the attribute of bodies with jurisdictional activity.
The analysis of public policies and the evaluation of programs and projects in the field of public administration are still new issues, and the reluctance and lack of interest of those in charge of administration, lead as we have noticed...
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