To state that the exception of a non-performed contract has as single end performance of corresponding obligation means to limit its effects and to create an idealistic vision of the discharge of obligations. While it was initially aimed at ensuring observance of the predefined order of reciprocal/bilateral contract or relationship performance, the exception of a non-performed contract could play an important role against the risk of no...

Artificial intelligence and its effects on human society are the main topics of the moment, while challenging both IT and legal researchers. Humanity has reached a point where it must accept the role of artificial intelligence and assimilate it, adapting its value system, legal framework and economy to the new reality. In April 2021, the European Commission announced its firm intention to develop and adopt legal measures and rules that ...

Although it has a significant impact on the decision-making process of the Romanian state authorities, in Romania the lobbying activity is, more than often, regulated by vague, unclear, disparate or incoherent legal provisions. At the political level, it is necessary to take a decision on the regulation of the field of interest representation, either by adopting the looser European regulatory model or the clear and rigorous North American one....

The case of Fashion ID, C-40/17 refers to one of the tools made available to users, companies, which process personal data for social networks. The article emphasizes the case law of the Court of Justice of the European Union, of the interpretation of the rules of the European Union through the preliminary ruling. The conclusion is that between continuity and novelty in the interpretation of the concept of operator in European Union law, the C...

In C-645/19 Facebook Ireland Ltd and Others v Gegevensbeschermingsautoriteit, the Court confirmed that only the lead Data Protection Authority can act against a controller, another supervisory authority can only initiate proceedings against a controller, provided that this power is exercised in one of the limited situations where the Regulation (EU) 2016/679 confers a competence to adopt a final decision, and provided that the cooperation and...

The processing of biometric data resulting from the illegal surveillance of employees at work is certainly one of the most common practices of operators, and the violation of the provisions established by art. 5 para. (1) lit. a) reported to art. 6 para. (1) of the General Data Protection Regulation must be strongly sanctioned. A last paradigmatic case is that of the operator Glove Technology SRL, a company specialized in consulting services, s...

This article discusses the territorial application of the provisions of the GDPR in the context of digital platforms made available by organizations outside the Union through an analysis of relevant CJEU case law and EDPB recommendations. In the introduction we have shown the main criteria for establishing the territorial application of GDPR, in section 2 we have analyzed the notion of headquarters in the context of GDPR, and in sections 3 and...

In general, the institution of the „right of preemption” is understood as a faculty enjoyed by a person, to be preferred to any other person, when buying a certain good. Strictly legal, the right of preemption is a subjective civil, legal or conventional right, which gives preference to some persons, holders of the right, to buy a good, at an equal price, when its owner sells it. In short, the right of preemption manifests itself as a legal m...

With the adoption of Decrees no. 195/2020, 240/2020, of Law no. 136/2020 and other relevant provisions governing the activity of the trial, a number of consequences have occurred in the public space regarding the implementation of justice in the current context of the health crisis, which will be analysed in this paper. Efforts will be made to identify possible shortcomings that would bring about difficulties for practitioners as well as conc...

Through this study we resume a topical issue of great interest in Romania, on which we have focused in previous papers, some published in the journal “Pandectele Române”. The question that remains is to determine whether, at present, in Romania, same sex marriages are allowed or not. Unlike the previous approaches, we have found it appropriate to take a look at the evolution, in the Romanian space, of the regulations dedicated to...