Dacă în statele cu o evoluţie normală a sa, precum în Franţa, rolul “practicii judiciare” e acela de a-i renova conţinutul şi a dinamiza aplicarea reglementărilor de drept pozitiv pertinente, la noi situaţia e diferită, din cauza unei anomalii care persistă deja de mai bine de trei decenii, semănând dezordine urbanistică, permiţând indisciplină în activitatea de construire şi alimentând criza cronică din sectoarele socioeconomice implicate. Înrâurir...

Like any contract, the individual employment contract can be related to different legal systems which give rise to a conflict of laws. The connection with a foreign legal system can derive from the most disparate elements characterizing the contract: the citizenship or regular residence of the parties, the place where the contract was concluded or was performed in whole or in part, the headquarters of the employing company or even, simply, th...

The article discusses the issue of court costs in administrative law disputes regarding the awarding of public procurement contracts, highlighting the fact that the contracting authorities have at hand not only the right, but also the obligation to recover, from the opposing party that loses totally or partially in the trial, the expenses incurred during the proceedings, both before the Council and before the courts. The author’s s...

The data protection regime in 2021 was an anchor in the immediate reality, especially on the Internet, but also in the offline activities of controllers and data subjects. This report highlights the some of the most important elements regarding the institutional developments, the sanctioning regime and the commentary of a judgment of the Court of Justice, being provided recent bibliographical sources in the matter of reference.

In this article, we propose to review case law and doctrine dealing with the issue of the admissibility of the appeal for annulment based on the thesis regulated by art. 503, para. (2) pt. 3) Civil procedural code, in cases where the court of review omitted to render a judgement on a thesis of illegality regarding the judgment pronounced by the first court on the merits of the case, thesis of illegality invoked in support of the appeal based ...

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 principles...

The provisions of the Romanian Civil Code adopted in the field of main real rights must be analyzed both from the perspective of regulation and from the perspective of the issues they may raise in practice. In this paper, we will try to approach the legal limit of the private property right – the right of way compared with the right of servitude – a dismemberment of the private property right. ...

Without being ignored in any way by the national legislator, the situation of the minor victim has been substantially improved in terms of the procedural rights regulated in the new criminal procedural legislation .Although there were specific provisions for the protection of this vulnerable category of persons in the previous regulation, the new legislation also took into account the established jurisprudence of the European Court of Human R...

The contract is the law of the parties. Thus, validly concluded, the contract has the force of law for the parties and therefore, in principle, cannot be terminated by the will of a certain party. The termination of the contract by unilateral termination is, however, one of the ways to terminate it, provided by the Civil Code. The paper proposes a brief analysis to answer the question: is unilateral termination a rule or is it an...

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, according...