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 ...

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...

In the context of the current Romanian civil and procedural civil regulations, establishing the jurisdiction of the guardianship court proves to be a difficult step. The problems are determined by the numerous and fragmented changes regarding the competence of the guardianship court, as well as by the transitional measures incidental to the establishment and functioning of this court. In these circumstances, in order to facilitate the i...

Freedom of expression is one of the rights regulated and guaranteed both by the Constitution of Romania, the European Convention on Human Rights, but also by the Charter of Fundamental Rights of the European Union and in fact includes two freedoms: freedom of opinion and freedom of information. In the context in which the founding parents of the United States of America considered that freedom, together with life and the pursuit of hap...

Freedom of expression is one of the rights regulated and guaranteed both by the Constitution of Romania, the European Convention on Human Rights, but also by the Charter of Fundamental Rights of the European Union and in fact includes two freedoms: freedom of opinion and freedom of information. In the context in which the founding parents of the United States of America considered that freedom, together with life and the pursuit of hap...

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 ...

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 inform...

Through this study we intend to demonstrate the need to amend art. 274 of Law no. 86/2006 on the Customs Code. At this moment, the criminal legislation that incriminates the assimilated smuggling offence, provided in art. 270(3) of Law no. 86/2006 related to art. 274 of the same normative act, leads to exaggerated punishments, with deprivation of liberty, as related to the concrete social danger of the acts for which the defendants are...

The valid civil obligation gives the creditor the right to fulfil his claim right. When the debtor has several debts which are guaranteed with different guarantees, the question that arises concerns the analysis of the legal provisions applicable to the concurrence of creditors. In this paper we will try a theoretical and practical analysis of the rules established in this matter.

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/notificatio...