An exponent of unilateralism expansion in the field of contractual structure, the right to the unilateral denunciation of the contract brings into discussion the need to control its exercise from the perspective of the abuse of right, especially when it aims at a successive execution contract. On the other side, the inclusion of this extinctive prerogative into the category of protestative rights calls into question the admissibility of a pos...

The article analyzes the proposal to revise Law no. 101/2016 on remedies and appeals regarding the award of public procurement contracts, sectoral contracts and works and service concession contracts, as well as for the organization and functioning of the National Council for Solving Complaints. This proposal aimed at correlating Law no. 101/2016, in the sense of the provision that the President of the Council is appointed and dismissed by Parl...

In this scientific approach, is carried out a mirror analysis of two judgments of the European Court of Human Rights (ECHR), of interest in the matter of the protection of the personal data of the employees: the case of Lopez Ribalda and others against Spain and the case of Bărbulescu against Romania, in order to capture the ECHR’s reasoning in pronouncing these different decisions in two similar situations in which the violation of art....

The importance of the virtual communities’ privacy and security issues has been highlighted by the rapid development of online social networks. This article presents a short history of the off-line and on-line communities, a part of the multiple threats currently plaguing the virtual world and some recommendations and countermeasures to avoid such problems. New generations of users are impatient in publishing their personal information a...

Through this study we intend to demonstrate the need to amend art. 274 of Law no. 86/2006 on the Customs Code. At this moment, the criminal legislation that incriminates the assimilated smuggling offence, provided in art. 270(3) of Law no. 86/2006 related to art. 274 of the same normative act, leads to exaggerated punishments, with deprivation of liberty, as related to the concrete social danger of the acts for which the defendants are prosec...

This article aims to provide arguments for several legal issues, starting from criticizing a recent erroneous jurisprudential solution, recalling, in essence, the fact that under the special laws of remedy in the field of property, the legislature instituted cases of reinstatement ope legis within the term of accepting the succession of the authors (former owners of the property whose restitution is requested), by the request/notification of re...

The valid civil obligation gives the creditor the right to fulfil his claim right. When the debtor has several debts which are guaranteed with different guarantees, the question that arises concerns the analysis of the legal provisions applicable to the concurrence of creditors. In this paper we will try a theoretical and practical analysis of the rules established in this matter.

This study aims, on the one hand, to give an overview of the rules of the Proposal for a Directive of the European Parliament and of the Council on common minimum standards of civil procedure in the European Union, and, on the other hand, to make a comparison of these rules with the internal ones. The observance of the right to an effective remedy and to a fair trial, are desiderata that can be achieved by “setting minimum standards for the in...

The relations between the producer and the consumer regarding the sale of consumer products may lead to disputes that can be settled by the parties amicably, extrajudicially, or, if this is not possible, by the first instance courts or arbitral courts, which means the observance of each party’s rights and obligations, in accordance with the legal provisions. We consider it useful to analyze in this study the possible types of civil litigation t...

Work relationships are ubiquitous in the lives of any of us, especially since these relations actually cover any kind of relationship with a worker and even a service provider. Human resources departments are the most affected, actually or only potentially, by the General Data Protection Regulation („GDPR”). From modification of the job description to cases related to GDPR many issues relate to human resources management. Data processing can b...