This paper aims to analyze the institution of renouncing prosecution, on the one hand in terms of the requirements of the right to a fair trial to which the suspect or defendant should be entitled, and on the other hand from the perspective of the legal consequences produced by the deficiency of the legislative construction represented by the provisions of art. 318 of the Criminal Procedure Code. In concreto, we will consider the...

The paper aims to present the main features of compulsory insurance, in the context of new legislative regulations. Law no. 132/2017 on compulsory insurance against civil liability in respect of damage to third parties by means of vehicle and tramway accidents (published in OJ No. 431/2017) establishes the persons required to conclude MTPL contracts and the exceptions to this obligation, the territorial application limits, th...

The issue of the effects brought about by termination and rescission brings into question both theoretical and practical arguments. We are faced with the termination of a contract for past or for the future, of a valid contract, but, that needs to be the subject of this civil sanction as a result of a non-performed obligation. In this present scientific paper we shall endeavour to analyse the manner in which these effects take place, a...

The idea of a study on this topic was inspired by the fact that in the specialized papers the analysis of the cases in which the guardianship of the child is required is usually summarized in the reproduction of the provisions of art 110 Civil Code. I consider that avoiding a thorough, systematic and systematic analysis of the provisions of art 110 Civil Code. It is impossible to establish the possible connections that exist or, better ...

Since its adoption in 2003 to the present, Law no. 53/2003 on the Labour Code has not benefited from any application rules. However, a number of decisions pronounced by the High Court of Cassation and Justice (ICCJ) concerning several provisions of the Labour Code, aimed at adjudicating on appeals in the interest of the law, or at giving preliminary rulings on points of law, have been, and continue to represent, a form of concrete...

This study aims to analyze whether the benefit of the cause of halving the limits of the punishment as provided by law, under art. 15 of G.E.O. no. 78/2016, which entirely reflects the norm of art. 18 of Law no. 508/2004[1] (in the case of offences within the competence of the Directorate for the Investigation of Organized Crime and Terrorism), art. 30 of Law no. 656/2002 (in the case of money laundering offences) and art. 367(5) of th...

Law no. 7/1996 provided for the implementation of a national program, aiming at the free registration of buildings in the integrated cadastre and land registry system, realization of the cadastral plan of the buildings and the opening of land books at the level of all administrative-territorial units. In subsequent years there have been numerous changes and legislative amendments, but the results were not what they expected. Gove...

Following the completion in 2015 of Law no. 8/1996 on copyright and neighboring rights, as a matter of absolute novelty, regulates the legal regime of „orphan works”. Reaction of the doctrine of legal protection of intellectual creation to this novelty legal institution is still timid, and the case law seems to have not yet faced litigation in this matter. The analysis of the established regulations denotes the existence of...

From a legal point of view, the access of an employer or an employee to the  Romanian labour market is regulated by the Labour Code. Since its adoption in 2003, when it replaced the old communist regulation of labour relations, to the present, in spite of the evolution of society and technology, which implied an accelerated sense of employment relations characterized by the wish of both employers and employees to be able to conclude an...

Last year the Romania Law on National Education was updated by the Government Ordinance no. 9/2018 on the amendment and completion of normative acts in the field of education. The additions include the provision that the fixed-term employment contract between a university and an assistant lecturer – concluded on the basis of a competition, in which the employment standards specific to the position were met – is transformed into an empl...