The legal recognition of other legal subjects besides the human being – either individually, as a natural person, or collectively, as a legal (moral) person – is a challenge both in the strict context of the science of law and at the ontological level, exceeding the limits of the strictly legal approach and contaminating the social and scientific perspective of the human-nature (environment) relationship. The evolutions and transfo...

The author studies the arbitral mechanisms from a specific perspective, in his own methodology, obviously following practical consequences. His formulations give expression to older preoccupations to study the negative effects produced by them – in civilian life – the uncertainty of the unclear, incomplete or badly done positive norm, as well as the always non-unitary jurisprudence. Arbitration – occasional or institutional – is analyze...

The analysis of various approaches in the Romanian legal literature, including those related to copyright, denotes the tendency to present and, implicitly, to unreservedly embrace theses from foreign doctrine. It is a known and true fact that the “Romanian legislator”, in substantiating some normative solutions, was also inspired by the regulations or doctrine from other states. However, it is equally true that insisting on them, e...

The legal regime of employment relationships based and not based on an individual employment agreement refers to all the rules provided by law regarding the situation of the parties between whom these are established; it depends on the category of employers (of private or public law) under which the work is carried out, as well as on its specificity, which determines certain requirements and limitations to both subjects. In this materia...

This study reveals and submits to the debate of specialists a potential conflict situation generated by the current formulation of art. 480(3) the final thesis and art. 501(1) of the Civil Procedure Code, which relates the retrial court to the application of the legal solutions issued by the control court, without excluding that this application may lead to the disregard of the European Convention for the Protection of Human Rights and Fundam...

This article aims to provide arguments for several legal issues, starting from criticizing a recent erroneous jurisprudential solution, recalling, in essence, the fact that under the special laws of remedy in the field of property, the legislature instituted cases of reinstatement ope legis within the term of accepting the succession of the authors (former owners of the property whose restitution is requested), by the request/notification of re...

An exponent of unilateralism expansion in the field of contractual structure, the right to the unilateral denunciation of the contract brings into discussion the need to control its exercise from the perspective of the abuse of right, especially when it aims at a successive execution contract. On the other side, the inclusion of this extinctive prerogative into the category of protestative rights calls into question the admissibility of a pos...

The article analyzes the proposal to revise Law no. 101/2016 on remedies and appeals regarding the award of public procurement contracts, sectoral contracts and works and service concession contracts, as well as for the organization and functioning of the National Council for Solving Complaints. This proposal aimed at correlating Law no. 101/2016, in the sense of the provision that the President of the Council is appointed and dismissed by Parl...

In this scientific approach, is carried out a mirror analysis of two judgments of the European Court of Human Rights (ECHR), of interest in the matter of the protection of the personal data of the employees: the case of Lopez Ribalda and others against Spain and the case of Bărbulescu against Romania, in order to capture the ECHR’s reasoning in pronouncing these different decisions in two similar situations in which the violation of art....

The importance of the virtual communities’ privacy and security issues has been highlighted by the rapid development of online social networks. This article presents a short history of the off-line and on-line communities, a part of the multiple threats currently plaguing the virtual world and some recommendations and countermeasures to avoid such problems. New generations of users are impatient in publishing their personal information a...