The article analyzes the effects of Article 431 paragraph (2) of the Civil ProcedureCode, which does not refer to the triple identity specific to the authority of res judicata, so the opposition of the previous res judicata should not be associated with the authority of res judicata. The positive effect of res judicata obliges the subsequent court to consider what the first court has ruled through an irrevocable/definitive decision and t...

References to the „back-to-back” principle are increasingly common in the practice of subcontracting contracts for construction works, being used to describe the rights and obligations that the contractor has under the main contract, and which it transfers to the subcontractor with respect to the parts and elements of the works that are the subject of subcontracting by reference to external clauses contained in the main contract for constructi...

Law no. 554/2004 on administrative litigation, which specificaly regulates thismatter, is supplemented where it does not have provisions derogating from the common law with the civil procedural law (art. 28 of Law no. 554/2004). From the perspective of the appeal that is fi led in the matter of administrative litigation, art. 20 of Law no. 554/2004 expressly provides for the appeal remedy, but this text of the law is interpreted in conj...

The article analyzes the procedure for certifying the identity of the parties, a necessary, efficient, and rapid legal instrument for civil transactions. Used with good faith, rigor, and professionalism, it can provide support for individuals or the business environment. When used contrary to the purpose for which it was created, it can create unnatural problems for both the signatories of the document under private signature and especially fo...

This article seeks to demonstrate why the development, deployment, and professional use of AI high risk systems should be encompassed within the concept of  “public service.” It further argues that private entities offering such services should be classified as assimilated public authorities, akin to companies delivering other essential public interest services such as gas, electricity, and water supply. Lastly, the article advocates for the ne...

The concept of „law” in art. 53 of the Romanian Constitution is susceptible to several interpretations. The normative acts adopted by the Parliament as the sole legislative authority of the country represent laws stricto sensu, respecting both the formal and the material criterion of defi ning the concept of „law”, and the ordinances adopted by the Government, simple or emergency, represent laws lato sensu, respecting only the material criteri...

The crime of voter corruption is provided for in Art. 386 of the Criminal Code, as part of the title dedicated to electoral crimes, being the first time that the crime is criminalized in the Criminal Code. By including the crime of voter corruption in the Criminal Code and abandoning its regulation in separate normative acts applicable to different types of elections, the legislator succeeded in eliminating the previously existing overlaps an...

The paper examines the intricate relationship between political risk, legislative instability, and foreign investment in development projects. It highlights the necessity of stabilization clauses as a key mechanism to safeguard investors from unforeseen legislative changes that could adversely impact their operations. The paper aligns its discussions with the principles outlined in the Charter on the Economic Rights and Duties of States, advoca...

Directive (EU) no. 2023/2673 regarding distance financial services contracts (NDCD) significantly modernizes the European regulations on distance financial services contracts. The NDCD extends its scope to a wide range of financial services, including innovative ones, by providing a minimum level of consumer protection. The Directive imposes increased transparency requirements for pre-contractual information, strengthens the right of withdrawal...

We return to a topic that has been the subject of our previous analyses – the legal meaning of the term „child”. This time, the analysis is extended to the meaning of the term provided for in art. 1 of the UN Convention on the Rights of the Child and the existence of an important difference compared to the regulations in Romania is highlighted. We also discuss certain novel aspects related to the meaning of the term child in the regulation of...