Any litigation in which a minor is involved is particularly emotional. Regardless of whether we refer to the judge appointed to decide that case, the minor’s parents or other participants in the civil lawsuit, hearing him/her must be carried out with great care and in compliance with strict procedures, so that this procedure will not affect his/her mental, emotional and social development. The state is obliged, through its decisio...

A significant volume of world trade consists of international transfers of goods and services, capital and intangible assets within multinational enterprises. As a result of the different tax systems from country to country, these transactions de facto reflect that they are not governed by the market, and can be primarily determined by the common interests of the group. These transactions distribute a burden on the entities’ inc...

Decision no. 282/2021 of the High Court of Cassation and Justice interpreted with guidance value the inconsistent way of deciding on the legal grounds raised before various courts in support of the actions for exclusion from a company. Regardless of the qualification of the clause regarding the exclusion of associates as primary or secondary or of the admissibility of a judicial procedure to expand or restrict the situations of exclusion...

Artificial intelligence is seen today as the most innovative and promising arena for workplace and workforce management. It is true that when we talk about artificial intelligence and employment, both in conferences, in the media or in general public discussions, there are always two positions: it will eliminate millions of jobs, or it will free time from repetitive and tedious tasks, so that we can devote ourselves to much more creativ...

In this article, based on an examination of Romanian neoliberal reforms on ‘housing’, I debunk several posts 1989 myths related to private, individual property. In the senses famously articulated by David Harvey, I argue that the post 1989 Romanian radical neoliberal project in law (and economy) is at once a political practice and a utopia. At the utopian level, this project creates a fictional socialist era legal reality that it purpor...

In this paper, we aim to analyse the offence of incitement to violence, hatred or discrimination, as provided by art. 369 of the Criminal Code. The acts under this article are motivated by a high degree of intolerance towards certain people or groups of people, therefore they can divide society, generating acts of violence with a significant social impact. Such acts have effects not only on the victim or victims aimed at by the perpetra...

This study aims to analyse from a procedural perspective the use of judicial presumptions in disputes between professionals. In this sense, we will first establish the concrete scope of the notion of “professional” from the point of view of the legal subjects that fall within this category, depending on their active and passive procedural status. Secondly, we will complete an objective analysis of the procedural institution ...

The dynamics of the labour market, the high level of competitiveness among employers in all industries and, as a result, the strong tendency to prioritize professional life to the detriment of personal life have led to the need to adopt a series of changes regarding the classic employment relations in recent years, highlighting numerous legislative amendments adopted with the aim of renderingthe employer-employee relation more fle...

From the terminological point of view, but with different implications and content from a conceptual point of view, the doctrine uses the notions of popular sovereignty, national sovereignty and state sovereignty. The sovereignty of the people represents the right of the people to decide on their fate, to establish the political line of the state and the composition of its organs and to control their activity. Ideally, in the society w...

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 Roma...