The article debates the issue regarding the termination of the effects of the decisions pronounced by the High Court in the interest of the law or with regard to points of law, especially when they are no longer relevant due to the legislative changes which occurred later and which can generate ambiguous interpretations. In order to ensure a consistent practice, the author believes that it would be necessary to establish a legal text enshrinin...

Starting from a solution of judicial practice, unpublished, the study addresses the problem of fraud to the law, as a reason of absolute nullity of the contract of assignment of shares, from a doctrinal perspective, with applications on the judicial practice. both doctrinal and jurisprudence are treated in a series of issues related to the exclusion of the associate-administrator, answering some questions raised by the solution of judicial pra...

The present study started from the recurrent observation that there is a confusion in practice between the relationship between an employer and employee on the one hand and the relationship between data controller and processor on the other. The confusion is not accidental and it is necessary to clarify this issue in the literature, because in the absence of a clear distinction, the consequences can be detrimental both in terms of professional...

Alongside with the adoption of Regulation (EU) 2016/679 (General Data Protection Regulation, hereinafter GDPR), a new occupation appeared at the level of the European Union, namely the Data Protection Officer (DPO). Gradually, the member states of the European Union (in which the GDPR is fully applicable), have added the DPO occupation in their own dedicated nomenclatures. In Romania’s case, the DPO occupation was added to the Classification o...

The phenomenon of corruption represents an important study object for most of law specialists, theoreticians, or practitioners, as it is a real calamity that worries nowadays both governments and the public opinion throughout the world. The corruption manifests itself on economic, administrative, legal and political field in any society, as it is an abuse of authority and power, and use of public function for private interests by breach...

As a fundamental right, more precisely as a human right, property has always been affected by a certain ambiguity, both domestically and internationally, as to its meaning and nature. International law is marked by obvious nuances of concepts between states, even by frankly daring translations. This is the case with the concept of property. But after all, as long as systems are partitioned, what does it matter if everyone doesn’t p...

In private international law, renvoi (‘send back’) is the legal mechanism according to which the judge adjudicating in a litigation in which the Romanian law refers the case to a foreign law – in the application of the internal law of the foreign state – must also take into account the rules of private international law of this state, rules which, in the game of the conflict mechanism, can refer to Romanian law or even to the legal...

The article addresses the issue of disinformation and fake news from the perspective of the usefulness of the procedures and principles regulated in the matter of personal data protection. The main regulation is the General Data Protection Regulation (GDPR), and we will research public communications from two current crisis areas: the health crisis and the military crisis. From the aforementioned regulation, we will base our research on three...

On a constantly changing real estate market, where buyers have increasingly customized demands, the provisions of art. 291(3) letter c) point 3 of the Fiscal Code, applied to obtain the reduced rate of 5% VAT in case of the delivery of new housing, were unclear because they were interpreted by referring – totally or partially – to the provisions of the Housing Law no. 114/1996 republished, amended and supplemented. The term housing whi...

This study emphasizes on lacunar criminal procedural dispositions relating the obligation of the prosecution bodies in accordance with the officiality and legality principle, to conduct and to outwork all the rationale and possible suppositions in the light of respecting the fundamental right to a fair trial and the fundamental right of the presumption of innocence. The burden of proof regarding the integrity of the evidence that has been admin...