Articole din categoria: Anul 2020

Contribuții la studiul regimului juridic al drepturilor morale de autor
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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Regimul juridic al raporturilor de muncă întemeiate și neîntemeiate pe un contract individual de muncă
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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O situație în care dezlegările instanței superioare nu ar trebui să fie obligatorii pentru instanța de rejudecare
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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Contribuții la studiul competenței instanței de tutelă
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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Libertatea de exprimare, premisă a fericirii
Numărul 6 Anul 2020
Freedom of expression is one of the rights regulated and guaranteed both by the Constitution of Romania, the European Convention on Human Rights, but also by the Charter of Fundamental Rights of the European Union and in fact includes two freedoms: freedom of opinion and freedom of information. In the context in which the founding parents of the United States of America considered that freedom, together with life and the pursuit of happiness,...
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Libertatea de exprimare, premisă a fericirii
Numărul 6 Anul 2020
Freedom of expression is one of the rights regulated and guaranteed both by the Constitution of Romania, the European Convention on Human Rights, but also by the Charter of Fundamental Rights of the European Union and in fact includes two freedoms: freedom of opinion and freedom of information. In the context in which the founding parents of the United States of America considered that freedom, together with life and the pursuit of happiness,...
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Aplicarea în România a dispozițiilor art. 57 din RGPD, privind sarcinile autorității de supraveghere
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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Securitatea datelor cu caracter personal. Analiza infracțiunii de divulgarea secretului profesional
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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Limitele dreptului la viață privată în contextul educației digitale
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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Natura ca subiect de drept: experiențe antropo-culturale necesare ori/și progres juridic?
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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