Considerente cu privire la necesitatea săvârșirii faptei de contrafacere cu intenţie (sau nu?) pentru a se putea dispune obligarea autorului la plata de despăgubiri în conformitate cu prevederile art. 14 din O.U.G. nr. 100/2005
06 01 2023
With respect to the damages caused by breaching industrial property rights, the extent to which the provisions of article 14 of OUG no. 100/2005 are also applicable when the deed is committed with fault, represent the object of a series of analysis in the legal literature and case law. The High Court of Cassation and Justice has answered this question in the affirmative. Given the complexity of the analysed problem, we deem it useful to...
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Exproprierea de fapt
01 01 2020
Expropriation actually appeared in the case law of the European Court of Human Rights and at the same time in the case law of national courts. Considering that this institution, quite common in the practice of courts, does not enjoy a regulatory framework, intervening when the holder of the private property right is deprived of the exercise of the prerogatives of his right, the award of damages by the courts was seen as having no legal b...
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Ruperea unilaterală a logodnei – aspecte teoretice și practice
04 01 2019
Still questionable in terms of its legal nature (a legal act or a legal deed) and in the absence of relevant case-law on this matter, the engagement is seen nowadays as a social, moral and cultural relationship, with possible material legal consequences in the event of its unilateral termination.
The exercise of the right to unilateral termination of the engagement for the purpose of causing excessive or unreasonable harm or dam...
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Particularităţile contractului de asigurare obligatorie pentru răspundere civilă auto
02 01 2019
The paper aims to present the main features of compulsory insurance, in the context of new legislative regulations. Law no. 132/2017 on compulsory insurance against civil liability in respect of damage to third parties by means of vehicle and tramway accidents (published in OJ No. 431/2017) establishes the persons required to conclude MTPL contracts and the exceptions to this obligation, the territorial application limits, th...
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