The study resumes a previously approached topic, including in the pages of the journal Pandectele Române, that relating to the interpretation of art. 48(1) of the Constitution. With Decision no. 580/2016 and no. 539/2018, the Constitutional Court made a restrictive interpretation of the text, in the sense that it only considers marriage between a man and a woman. The interpretation of the Constitutional Court formalizes a doctrinal thesis expr...

Article 1372 of the Civil Code, as amended by the provisions of art. 7 point 67 of Law no. 140/2022, enshrines with principle value the establishment of an objective liability, independent of any form of guilt of the perpetrator, of the guardian who supervises the persons protected by judicial counseling or special guardianship. Through their behavior, often spontaneous, surprising, these categories of people represent a particular soci...

Legal theorists still have a difficult line to walk. Precisely, that this area of jurisprudence requires a deepening both from the point of view of theory and philosophy of law which, in turn, requires an acute understanding of how the legal system works and the reasoning that is in the study of all entities from within the system. Jurisprudence is normally accompanied by doctrine, understood as the activity of scientific study and intellectual...

At a time when sustainability is a topic of intense discussion in various fields, including the financial services sector, I note that there is a lack of material that provides a comprehensive introduction and perspective on this topic to guide us in our professional work. The purpose of this article is precisely to provide a little context and familiarise us with the concept of green finance: its origin, the sources of information available, ...

The litteris contracts appeared in an era in which we see the transition from the excessive formalism, specific to the old ius civile, to the specific consensualism to classical Roman Law. In the ancient era of Roman Law, legal acts were concluded only with the observance of strict formal conditions, to the detriment of the real will of the parties. Along with the evolution of legal ideas, the Romans understood the role that the agreement of wi...

The idea of the study started from the fact that the exception to the principle regarding the matrimonial age concerns the marriage of a natural person who, in the Romanian legal system, has the legal status of a child, a status that entails the corresponding incidence of both the legal provisions that enshrine this exception and those regarding the protection and promotion of children’s rights. From the second category, we mainly consider th...

During the last decade, we are living under the influence of technology. Our activities are becoming more and more digitalized, and activities in the justice sector are no exception to this. However, compared to other fields, the representatives of the judiciary, being more conservative by nature of their occupation, often hesitate to accept or promote the use of technology. Thus, this article comes to support the effort to technol...

Printre semnalele tot mai insistente perceptibile în analizele privind starea și evoluţiile (posibile) ale juridicului unul devine din ce în ce mai insistent și generează deopotrivă interogaţii și preocupări: ne îndreptăm spre o „lume fără drept” dar supusă „drepturilor”, adică unei game heteroclite de revendicări emanate de la indivizi sau grupuri cu motivaţii și interese diverse, schimbătoare, contradictorii, imprecise? Punându-și și încercând să răspundă unei atari chestiuni, deopotrivă, atât de crucială și de actuală, profesorul de drept public al economiei, Stéphane Braconnier, președintele U...

The article analyzes how the precautionary principle is applied in the field of public procurement. In this sense, in order to ensure the legality and transparency of the award, as well as the legal and appropriate execution of the object of the investment, the contracting authority is bound by the precautionary principle, which imposes the obligation to investigate, if not in the case of all bidders, in the evaluation stage of technical propos...

The “prescriptive scheme” in the ideological systems of ideas is criticized for its lack of realism. The current theory of possession has an ideological aura in part because it is partly disconnected from some realities of the civil circuit, realities operating in perfect and unnatural parallelism with the theory of possession. Each with their own world, with their own problems and with their own solutions. A century ago, the famous Roman law s...