No. 2 (2021): Revista Română de Jurisprudență

Articole

• Denial of the application for reopening the adoption proceedings. Special conditions for overriding parental consent DREPT CIVIL ŞI PROCESUAL CIVIL

  Andreea Monica Prunaru (Author)

  • PDF (Romanian)

• Children and young people with special educational needs, beneficiaries of the right provided for in Art. 129 para. 3 of Law no.272/2004 on the protection and promotion of the rights of the child DREPT CIVIL ŞI PROCESUAL CIVIL

  Elena-Maria Sima (Author)

  • PDF (Romanian)

• Unjust enrichment. Applicable law. Conditions DREPT CIVIL ŞI PROCESUAL CIVIL

  Viorel Terzea (Author)

  • PDF (Romanian)

• Contract termination. Keeping the performances. Failure to satisfy the conditions for an action de in rem verso DREPT CIVIL ŞI PROCESUAL CIVIL

  Viorel Terzea (Author)

  • PDF (Romanian)

• Establishment of minor's domicile by means of an injunction. Elements of evidence to be considered DREPT CIVIL ŞI PROCESUAL CIVIL

  Andreea Monica Prunaru (Author)

  • PDF (Romanian)

• Division of joint properties. Retaining a higher contribution during marriage to the acquisition of community property must have a legal power. Benchmarks in setting quotas DREPT CIVIL ŞI PROCESUAL CIVIL

  Andreea Monica Prunaru (Author)

  • PDF (Romanian)

• Compulsory insurance contract. Obligation of the insurer to pay late payment penalties DREPT CIVIL ŞI PROCESUAL CIVIL

  Viorel Terzea (Author)

  • PDF (Romanian)

• Traffic accident. Death of the injured person. Conditions for awarding rebound damages DREPT CIVIL ŞI PROCESUAL CIVIL

  Viorel Terzea (Author)

  • PDF (Romanian)

• Conflict of competence. Admission of forced execution DREPT CIVIL ŞI PROCESUAL CIVIL

  Andreea Tabacu (Author)

  • PDF (Romanian)

• Conflict of competence. Low value claim DREPT CIVIL ŞI PROCESUAL CIVIL

  Andreea Tabacu (Author)

  • PDF (Romanian)

• Criticism on appeal of the way stamp duty is determined. Rejection DREPT CIVIL ŞI PROCESUAL CIVIL

  Viorel Terzea (Author)

  • PDF (Romanian)

• Appeal against the decision rejecting the petition for stay of forced enforcement. Grounds within the meaning of Art. 719 para. 1 of the Civil Procedure Code. Analysis of the prospect of damaging the interests of both litigants (debtor-creditor) DREPT CIVIL ŞI PROCESUAL CIVIL

  Beatrix Yvonne-Vesna (Author)

  • PDF (Romanian)

• Appeal. Law no 10/2001. Express waiver of succession. Lack of heir capacity DREPT CIVIL ŞI PROCESUAL CIVIL

  Mircea Stan (Author)

  • PDF (Romanian)

• Second appeal. Retrial after quashing and stay. Claim. Deeds issued based on Law no. 18/1991. More specific title DREPT CIVIL ŞI PROCESUAL CIVIL

  Mircea Stan (Author)

  • PDF (Romanian)

• Admissibility of the application for review based on Article 509 para. 1, item 1 of the Civil Procedure Code. The condition to refer to the merits in the judgment to be reviewed. The notion of evoking the case merits DREPT CIVIL ŞI PROCESUAL CIVIL

  Beatrix Yvonne-Vesna (Author)

  • PDF (Romanian)

• Application for revision based on Article 509, para. 1 of the Civil Procedure Code. Pronouncement by the court hearing the case plus or extra petita. Exceeding the limits of the legal power and violation of the principle of availability DREPT CIVIL ŞI PROCESUAL CIVIL

  Beatrix Yvonne-Vesna (Author)

  • PDF (Romanian)

• Revision. Plea of non-constitutionality admitted. Failure to raise the exception in the case. Inadmissibility DREPT CIVIL ŞI PROCESUAL CIVIL

  Mircea Stan (Author)

  • PDF (Romanian)

• Appeal for annulment. Clerical error. Interruption of the time limit for bringing an action due to the declared state of emergency DREPT CIVIL ŞI PROCESUAL CIVIL

  Mircea Stan (Author)

  • PDF (Romanian)

• Appeal for annulment. Clerical error. Submission of the writ after the closure of the oral arguments DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

  Mircea Stan (Author)

  • PDF (Romanian)

• Application for the award of statutory penalty interest for failure to comply on time with the obligations to draw up the preliminary file for the issue of the title deed and to submit the documentation to the county commission for the issue of the title DREPT CIVIL ŞI PROCESUAL CIVIL

  Andreea Monica Prunaru (Author)

  • PDF (Romanian)

• Appeal against standard enforcement. Failure to serve the debt instrument to the debtor DREPT CIVIL ŞI PROCESUAL CIVIL

  Andreea Monica Prunaru (Author)

  • PDF (Romanian)

• The raising of factual or legal grounds relating to the substance of the right contained in the enforceable title, other than a court order, by way of an appeal to enforcement. Admissibility of invoking unfair terms in the enforcement procedure DREPT CIVIL ŞI PROCESUAL CIVIL

  Beatrix Yvonne-Vesna (Author)

  • PDF (Romanian)

• Confusing the date of the listing of the statement of account containing the list of payments made by the debtor under the enforceable title with the date of the last payment on account of the debt. Limitation term of forced enforcement DREPT CIVIL ŞI PROCESUAL CIVIL

  Beatrix Yvonne-Vesna (Author)

  • PDF (Romanian)

• Forced enforcement by garnishment. Inapplicability of the provisions of Article 667 of the Civil Procedure Code. Obsolescence of forced enforcement. The costs of enforcement consisting of the bailiff's fees. Inclusion of VAT in the bailiff's maximum fee DREPT CIVIL ŞI PROCESUAL CIVIL

  Beatrix Yvonne-Vesna (Author)

  • PDF (Romanian)

• Qualification of the nature of the appeal to enforcement in relation to all the grounds of illegality raised by the debtor. Obligation of the court hearing the appeal to enforcement to play an active role and to rule on all defences raised in the case DREPT CIVIL ŞI PROCESUAL CIVIL

  Beatrix Yvonne-Vesna (Author)

  • PDF (Romanian)

• Enforcement of obligations to perform. Coercion of the debtor to perform obligations of an intuitu personae nature by the application of penalties. Inapplicability of Article 628 para. 2 of the Civil Procedure Code. Lack of enforceability of the order imp DREPT CIVIL ŞI PROCESUAL CIVIL

  Beatrix Yvonne-Vesna (Author)

  • PDF (Romanian)

• Qualification by the enforcement court of the subject matter of the appeal to enforcement. Determination of the legal nature of the appeal to enforcement before the court on the basis of the grounds relied on: an appeal to standard enforcement and against DREPT CIVIL ŞI PROCESUAL CIVIL

  Beatrix Yvonne-Vesna (Author)

  • PDF (Romanian)

• The invocation of limitation term of the creditor's right to obtain enforcement. The burden of proof. Preemption of the creditor by the assignment of the claim. Inadmissibility of the cross-appeal against the main appeal brought by a party with convergent DREPT CIVIL ŞI PROCESUAL CIVIL

  Beatrix Yvonne-Vesna (Author)

  • PDF (Romanian)

• Assignee creditor, foreign banking company. Lack of authorisation to carry out debt recovery activities in Romania. Denial of forced enforcement DREPT CIVIL ŞI PROCESUAL CIVIL

  Beatrix Yvonne-Vesna (Author)

  • PDF (Romanian)

• Nullity of administrative act. Conflict of interest. Conditions CONTENCIOS ADMINISTRATIV ŞI FISCAL

  Andreea Tabacu (Author)

  • PDF (Romanian)

• Action for annulment of legal acts brought by the National Integrity Agency. The legal regime. Standing to be sued CONTENCIOS ADMINISTRATIV ŞI FISCAL

  Viorel Terzea (Author)

  • PDF (Romanian)

• Cancellation of the disability certificate. Comprehensive assessment report drawn up in the assessment procedure carried out by the Commission for the Assessment of Adults with Disabilities CONTENCIOS ADMINISTRATIV ŞI FISCAL

  Andreea Tabacu (Author)

  • PDF (Romanian)

• Taxation of Bitcoin and cryptocurrencies. Income from the transfer of virtual currency. The principle of certainty of taxation CONTENCIOS ADMINISTRATIV ŞI FISCAL

  Diana Ungureanu (Author)

  • PDF (Romanian)

• Reducing the activity of a public authority during a state of emergency. Claim for compensation under special legislation CONTENCIOS ADMINISTRATIV ŞI FISCAL

  Anca Andreea-Terzea (Author)

  • PDF (Romanian)

• Public servants. Discrimination based on sex CONTENCIOS ADMINISTRATIV ŞI FISCAL

  Andreea Tabacu (Author)

  • PDF (Romanian)

• Contributions to the environmental fund. Waste oil management obligations CONTENCIOS ADMINISTRATIV ŞI FISCAL

  Anca Andreea-Terzea (Author)

  • PDF (Romanian)

• Environmental stamp refund. Domestic rule in conflict with supranational rule. Non-application CONTENCIOS ADMINISTRATIV ŞI FISCAL

  Andreea Tabacu (Author)

  • PDF (Romanian)

• Resizing the tax base. Tax loss. Limitation term of the right to establish tax claims CONTENCIOS ADMINISTRATIV ŞI FISCAL

  Anca Andreea-Terzea (Author)

  • PDF (Romanian)

• Tax accessories. Application of the principle of proportionality CONTENCIOS ADMINISTRATIV ŞI FISCAL

  Anca Andreea-Terzea (Author)

  • PDF (Romanian)

• Toll for the use of forest roads. Conditions CONTENCIOS ADMINISTRATIV ŞI FISCAL

  Andreea Tabacu (Author)

  • PDF (Romanian)

• The decision to cancel ex officio the company's VAT registration is annulled. Action for damages. Conditions for compensation for damage resulting from lost profit CONTENCIOS ADMINISTRATIV ŞI FISCAL

  Anca Andreea-Terzea (Author)

  • PDF (Romanian)

• VAT discount Conditions. VAT adjustment for non-use of goods. Conditions CONTENCIOS ADMINISTRATIV ŞI FISCAL

  Viorel Terzea (Author)

  • PDF (Romanian)

• Suspension of tax administrative act. Cancellation, ex officio, of registration for VAT purposes. Imminent loss CONTENCIOS ADMINISTRATIV ŞI FISCAL

  Andreea Tabacu (Author)

  • PDF (Romanian)

• Authority of res judicata of the criminal judgment in relation to the administrative and fiscal court. Tax evasion. VAT CONTENCIOS ADMINISTRATIV ŞI FISCAL

  Andreea Tabacu (Author)

  • PDF (Romanian)

• Principles of public procurement. Possibility for a tenderer to make corrections in the response to the request for clarification CONTENCIOS ADMINISTRATIV ŞI FISCAL

  Anca Andreea-Terzea (Author)

  • PDF (Romanian)

• Public procurement procedure governed by GEO 34/2006. Possibility for the successful tenderer to perform part of the services through a subcontractor CONTENCIOS ADMINISTRATIV ŞI FISCAL

  Viorel Terzea (Author)

  • PDF (Romanian)

• The status of the Trade Registry Office in applications for a declaration of acquisition of ownership. Conditions for application DREPT SOCIETAR ŞI INSOLVENŢĂ

  Andreea Tabacu (Author)

  • PDF (Romanian)

• Direct action by the sub-contractor against the beneficiary of the work for payment of sums owed by the contractor. Conditions DREPT SOCIETAR ŞI INSOLVENŢĂ

  Anca Andreea-Terzea (Author)

  • PDF (Romanian)

• Contract qualification. Subcontracting or provision of services DREPT SOCIETAR ŞI INSOLVENŢĂ

  Andreea Tabacu (Author)

  • PDF (Romanian)

• Precautionary Seizure. Conditions DREPT SOCIETAR ŞI INSOLVENŢĂ

  Andreea Tabacu (Author)

  • PDF (Romanian)

• Application for injunction suspending the execution of a resolution adopted by the general meeting of shareholders. Admissibility conditions DREPT SOCIETAR ŞI INSOLVENŢĂ

  Viorel Terzea (Author)

  • PDF (Romanian)

• Insolvency procedure. How to appeal against decisions of the syndic judge DREPT SOCIETAR ŞI INSOLVENŢĂ

  Anca Andreea-Terzea (Author)

  • PDF (Romanian)

• Insolvency procedure. Request for payment of current tax claims. Limits of the right of verification of claims DREPT SOCIETAR ŞI INSOLVENŢĂ

  Anca Andreea-Terzea (Author)

  • PDF (Romanian)

• Opening the insolvency proceedings DREPT SOCIETAR ŞI INSOLVENŢĂ

  Andreea Tabacu (Author)

  • PDF (Romanian)

• Insolvency proceedings governed by Law no. 85/2006. Impact of Law no. 55/2020 DREPT SOCIETAR ŞI INSOLVENŢĂ

  Anca Andreea-Terzea (Author)

  • PDF (Romanian)

• Reorganization plan. Modification. Forecasting the current receivables situation DREPT SOCIETAR ŞI INSOLVENŢĂ

  Andreea Tabacu (Author)

  • PDF (Romanian)

• Inclusion in the preliminary schedule of a claim under condition. Lack of evidence of an administrative appeal. Consequences DREPT SOCIETAR ŞI INSOLVENŢĂ

  Viorel Terzea (Author)

  • PDF (Romanian)

• Amending the bank agreement. Addendum tacitly accepted DREPT BANCAR

  Andreea Tabacu (Author)

  • PDF (Romanian)

• Loan management fee DREPT BANCAR

  Andreea Tabacu (Author)

  • PDF (Romanian)

• Application of Law 193/2000 to loan agreements granted by NFIs to consumers. Penalty interest clause. Abusive character DREPT BANCAR

  Andreea Tabacu (Author)

  • PDF (Romanian)

• Possibility of continuing the contract if the unfairness of an interest clause is established DREPT BANCAR

  Andreea Tabacu (Author)

  • PDF (Romanian)

• Legal consequences of not contesting the notification sent by the consumer to the bank informing him that he has decided to transfer ownership of the property in order to settle the debt. DREPT BANCAR

  Andreea Monica Prunaru (Author)

  • PDF (Romanian)

• Compliance with the eligibility conditions for the transfer in lieu of payment and the application of the theory of hardship in view of the exchange rate increase DREPT BANCAR

  Andreea Monica Prunaru (Author)

  • PDF (Romanian)

• Teachers' salary rights. Allowance for the scientific title of PhD. Obtaining the teaching grade I by equivalence with the scientific title of doctor DREPTUL MUNCII ŞI ASIGURĂRILOR SOCIALE

  Alina Mihaela Mateescu, Mircea Stan (Author)

  • PDF (Romanian)

• Public military pension. Establishing pension rights. Bonus for the „Honorary Sign” award DREPTUL MUNCII ŞI ASIGURĂRILOR SOCIALE

  Alina Mihaela Mateescu (Author)

  • PDF (Romanian)

• Pension for age limit. Seniority bonus. Additional points for work carried out in a higher job group DREPTUL MUNCII ŞI ASIGURĂRILOR SOCIALE

  Alina Mihaela Mateescu (Author)

  • PDF (Romanian)

• Pension for age limit. Work carried out in group I. Complete retirement contributions. Recalculation of pension rights DREPTUL MUNCII ŞI ASIGURĂRILOR SOCIALE

  Alina Mihaela Mateescu (Author)

  • PDF (Romanian)

• Transfer to old-age pension from invalidity pension. Applying the correction index. Review of rights. The principle of legal security DREPTUL MUNCII ŞI ASIGURĂRILOR SOCIALE

  Alina Mihaela Mateescu (Author)

  • PDF (Romanian)

• Dispute concerning magistrates' monetary entitlements. Moving to another seniority group. Discrimination. Lack of material jurisdiction DREPTUL MUNCII ŞI ASIGURĂRILOR SOCIALE

  Alina Mihaela Mateescu (Author)

  • PDF (Romanian)

• Clerk's service pension upheld by court judgments annulling decisions amending it DREPTUL MUNCII ŞI ASIGURĂRILOR SOCIALE

  Mircea Stan (Author)

  • PDF (Romanian)

• Magistrate service pension. Impossibility of assimilating notarial activity with that of magistrate. Absence of discrimination DREPTUL MUNCII ŞI ASIGURĂRILOR SOCIALE

  Mircea Stan (Author)

  • PDF (Romanian)

• Criminal appeal. Reinstatement within the declaration period. Unlawful communication of the minute. The good cause of foreclothing DREPT PENAL ŞI PROCESUAL PENAL

  Daniel Creţu (Author)

  • PDF (Romanian)

• Traffic on public roads. ATV unidentifiable and non-registered. Evidence in criminal proceedings DREPT PENAL ŞI PROCESUAL PENAL

  Daniel Creţu (Author)

  • PDF (Romanian)

• Tax evasion in continued form. Trade facts. Concealment of the taxable or taxable source. Used cars DREPT PENAL ŞI PROCESUAL PENAL

  Daniel Creţu (Author)

  • PDF (Romanian)

• Traffic on public roads. ATV unidentifiable and non-registered. Evidence in criminal proceedings DREPT PENAL ŞI PROCESUAL PENA

  Daniel Creţu (Author)

  • PDF (Romanian)

• Tax evasion in continued form. Trade facts. Concealment of the taxable or taxable source. Used cars DREPT PENAL ŞI PROCESUAL PENAL

  Daniel Creţu (Author)

  • PDF (Romanian)

• The offence of cigarette smuggling. Postponement of punishment application. Individualization of sentence execution. Appeal in cassation DREPT PENAL ŞI PROCESUAL PENAL

  Daniel Creţu (Author)

  • PDF (Romanian)

• The offence of putting into circulation an asset bearing a trade mark identical with or similar to a registered trade mark. Typical conditions DREPT PENAL ŞI PROCESUAL PENAL

  Daniel Creţu (Author)

  • PDF (Romanian)

• Interruption of execution of the sentence. Forensic expertise. Novelty element of the disease DREPT PENAL ŞI PROCESUAL PENAL

  Daniel Creţu (Author)

  • PDF (Romanian)

• Doctor. Attempted murder. Application for a change of legal classification. Prohibition of the right to exercise the profession DREPT PENAL ŞI PROCESUAL PENAL

  Daniel Creţu (Author)

  • PDF (Romanian)

• Civilly responsible party The Romanian Motor Insurers' Bureau. Culpable bodily injury. Unlawfulness to order the payment of hospital costs DREPT PENAL ŞI PROCESUAL PENAL

  Daniel Creţu (Author)

  • PDF (Romanian)

• Waiver of the application of the penalty provided for in art. 80 of the Criminal Code in the case of forestry offences, under the aspect of the concrete degree of social danger of the offence committed. Possibility of applying the institution of individua DREPT PENAL ŞI PROCESUAL PENAL

  Ilenuţa Bădiceanu (Author)

  • PDF (Romanian)

• Possibility of covering up omissions by the prosecutor. Referral to the Director of Public Prosecutions regarding their coverage DREPT PENAL ŞI PROCESUAL PENAL

  Ilenuţa Bădiceanu (Author)

  • PDF (Romanian)

• Revision. Admission in principle. Qualified murder. Change of legal classification. Non-application of unconstitutionality decision DREPT PENAL ŞI PROCESUAL PENAL

  Daniel Creţu (Author)

  • PDF (Romanian)

• Application of late payment penalties in administrative enforcement DEZBATERI

  Andreea Tabacu (Author)

  • PDF (Romanian)

• The prefect's objective legal action against acts concerning civil servants and contractual staff. Problems arising in judicial practice DEZBATERI

  Anca Andreea-Terzea (Author)

  • PDF (Romanian)

• An action for annulment based on the provisions of Article 503 para. 2 of the Code of Civil Procedure DEZBATERI

  Beatrix Yvonne-Vesna (Author)

  • PDF (Romanian)

• Brief theoretical and practical aspects of stamp duties and the granting of facilities for their payment DEZBATERI

  Alina Mihaela Mateescu (Author)

  • PDF (Romanian)

• Impossibility of applying complementary and accessory punishments in case of postponement of the punishment DEZBATERI

  Daniel Creţu (Author)

  • PDF (Romanian)