According to the provisions of Article 2298 (1) of the Civil Code, the benefit of division represents the right recognized to the guarantor, in the case that there are more obliged guarantors for the same debt, to request the creditor to first divide its action and reduce it to each share. Plea of the benefit of division appears to be a limitation of the rule established under the provisions of Article 2297 of the Civil Code, ac...

The year 2020 was an important one for data protection and cybersecurity, first of all as a result of the intervention of the SARS-CoV-2 coronavirus pandemic, a context that made it difficult for authorities, data controllers, data subjects, but also boosted the use of the Internet. Using applications increases the risk of data security breaches. The authors propose a useful radiograph to practitioners, but also to the...

This study aims to highlight the main differences between the formation of contracts governed by the general regulatory framework and the emergence of legal relations on the stock market, but especially the inoperability, in principle, of causes of nullity or revocation of share transfer operations performed on the stock market, as compared with the nullity of common legal acts, with an emphasis on the impossibility of applying the pri...

The use of personal data is inevitable in any human activity, and, even more so, in educational, didactic activity. The teacher-student relationship subscribes not only to rules on education but also to compliance with national and European regulations. This is the main relationship established in education, but education is an equation with many factors and even more unknowns. The entry into force and implementation of the General Regu...

The commission of a crime obliges the state to take measures to establish the circumstances that determined it and to identify the perpetrator, in order to finally order, if it is necessary, to engage his criminal liability and apply a penalty provided by the law. The conviction of the defendant for committing a crime may be ordered, according to art. 103 para. (2) C. pr. pen., only if the judicial bodies prove, beyond any reason...

Soon after the end of the state of emergency determined by the COVID-19 pandemic in Romania, the Constitutional Court ruled on the provisions that would have allowed the Minister of Health to impose the involuntary hospitalization in the case of persons infected with SARS-CoV-2. The declaration of unconstitutionality of article 25 (2) the second thesis of Law no. 95/2006 on health care reform led to the enactment of the Law no. 136 of 16...

The general data protection regulation is the culmination of much tougher legislation in this area. Most of the companies established according to Law no. 31/1990 does not have to take special measures to comply with this legislation, but all companies must be diligent in their dealings with data subjects and the national supervisory authority. More needs to be done to raise awareness of the obligations in this area, involving authoriti...

The article discusses the possibility for the third party to recover his own legal costs from the losing party, in the case of admissible accessory requests for voluntary intervention. The author notes that in practice this problem has been solved differently, a reason for which he argues in favour of the need to bring an appeal in the interest of the law to the High Court of Cassation and Justice, in order to ensure the correct and con...

The purpose of this paper is to analyze the crime of non-compliance with court decisions, on the one hand from the perspective of the requirements of the right to a fair trial that the suspect or defendant should benefit from, and on the other hand from the perspective of the legal consequences produced by the legislative construction represented by the provisions of art. 297 of the Criminal Code, as its objective side was reconfigured ...

The right of preemption in the sale of a good is, as a rule, regulated by law. The main issue of theoretical and practical interest, which is limited to the institution of the right of preemption, is its exercise by its holders. The exercise of the right of preemption in the sale of a good is regulated differently in the provisions of the Civil Code, compared to those contained in the special laws. In the above cont...