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...

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...

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 ...

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...

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...

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...

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...

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.

By Decision no. 49 of February 4th, 2020, of the Constitutional Court of Romania, finding the unconstitutionality of the dispositions of art. 32 par. 1 of Law no. 350/2001 regarding landscaping and urbanism [contrary to art. 1 par. 5 of the Constitution] and by the related considerations, a crucial moment has been marked in the existence of Romanian urban planning law. In a general appreciation, regarding both and on the first hand the contes...

The admissibility of evidence in appeals is regulated differently according to the judicial control exercised in the first or second appeal, each of them being characterized by separate features and rules, the essential difference being given by the recognition or not of the devolutive character. The recent RIL decision no. 9/2020 of the supreme court clarifies the notion of new evidence and its admissibility in the appeal, which gives rise he...