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...

The article aims to present the State Institution from a historical perspective, with reference mainly to the Romanian realities that exist on our homeland’s territory. In the second part of the paper we show the characteristics of the Capitalist State of the contemporary period trying to establish at the level of principles, some of the essential ones, in our opinion, from the perspective of building the future of the present.

The role of franchising contracts on the current market cannot be neglected, as they have advantages for both the franchisor and the franchisee. Thus, on the one hand, the franchisor has the possibility of creating a franchise network or to develop it, making his business, goods or services even better known, without needing a considerable investment, and, on the other hand, the franchisee enjoys the possibility of implementing a business mode...

The article analyzes the concepts of separate opinion and concurring opinion as an expression of the constitutional and legal principle of the independence of judges, the difference between them, their legislative enshrinement and their importance for the decisions of the Constitutional Court. According to the author, the separate and concurring opinions have a constitutional legitimacy and, therefore, they cannot be censored by the majority ...

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...

This study aims, on the one hand, to give an overview of the rules of the Proposal for a Directive of the European Parliament and of the Council on common minimum standards of civil procedure in the European Union, and, on the other hand, to make a comparison of these rules with the internal ones. The observance of the right to an effective remedy and to a fair trial, are desiderata that can be achieved by “setting minimum standards for the in...

The relations between the producer and the consumer regarding the sale of consumer products may lead to disputes that can be settled by the parties amicably, extrajudicially, or, if this is not possible, by the first instance courts or arbitral courts, which means the observance of each party’s rights and obligations, in accordance with the legal provisions. We consider it useful to analyze in this study the possible types of civil litigation t...

Work relationships are ubiquitous in the lives of any of us, especially since these relations actually cover any kind of relationship with a worker and even a service provider. Human resources departments are the most affected, actually or only potentially, by the General Data Protection Regulation („GDPR”). From modification of the job description to cases related to GDPR many issues relate to human resources management. Data processing can b...

Since the entry into force of the General Data Protection Regulation (GDPR), on May 25, 2016, but especially after its implementation, starting of May 25, 2018, the doctrine and practitioners have signalled the particularly severe sanctioning regime on which the European law act instituted it for non-compliance with data protection provisions. Although in its public communications the national supervisory authority in Romania urged caution and ...

The study entails an evaluation of a hyphotesis regarding the procurement of a device which automated countered work hours for employees, started from the conditions resulting from privacy by default and privacy by design principle provided by General Data Protection Regulation. Also, in the study are issued some key question in this field. ...