No. 1 (2021): Revista Română de Jurisprudență

Articole

• Right to freedom of expression. Exercise in good faith DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

  Florin Dogaru (Author)

  • PDF (Romanian)

• Traffic accident. Moral damage. Granting criteria DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

  Florin Dogaru (Author)

  • PDF (Romanian)

• Adoption. Admissibility of the claim for main intervention DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

  Daniel Ioan Herman (Author)

  • PDF (Romanian)

• Maintenance Agreement. The meaning of the expression: suffering from a disease which caused the death DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

  Mădălina Jebelean (Author)

  • PDF (Romanian)

• Forfeiture of parental rights. Neglect of child DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

  Daniel Ioan Herman (Author)

  • PDF (Romanian)

• Deprivation of freedom. Compensation for damage. Need for existence of an illegal preventive imprisonment DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

  Florin Dogaru (Author)

  • PDF (Romanian)

• Restitution of the real estate taken over abusively during 6 March 1945 – 22 December 1989. The capacity as person entitled to remedies by reference to his/her citizenship when the property was taken over DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

  Daniel Ioan Herman (Author)

  • PDF (Romanian)

• Public authority. Recalculation of penalties. Relevant court DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

  Florin Dogaru (Author)

  • PDF (Romanian)

• Negative conflict of jurisdiction. Referring the competent court to resolve the conflict by a trial panel lacking material power. Consequences DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

  Florin Dogaru (Author)

  • PDF (Romanian)

• Objection to enforcement. Writ of enforcement consisting the taxation decisions on tax duties. Relevant court DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

  Florin Dogaru (Author)

  • PDF (Romanian)

• The authority of res judicata. The beginning of the limitation period for the enforcement of a court decision issued under the Code of Civil Procedure 1865. Application in time of procedural rules DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

  Daniel Ioan Herman (Author)

  • PDF (Romanian)

• Trial suspension. Second appeal. Lack of grounds of the claim for suspension DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

  Daniel Ioan Herman (Author)

  • PDF (Romanian)

• Judicial stamp duty. Claim for judicial public assistance. Waiver to trial DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

  Mădălina Jebelean (Author)

  • PDF (Romanian)

• Goods Transportation Agreement. Consequences of transporting other goods than those set in the agreement DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

  Ştefan Ioan Lucaciuc (Author)

• The warranty for hidden flaws and the warranty for good operation. Limitation term DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

  Ştefan Ioan Lucaciuc (Author)

• Increase in share capital. Obligation to gather unanimity of votes when achieved by increasing the value of existing shares in exchange for new contributions DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

  Ştefan Ioan Lucaciuc (Author)

• Insolvency procedure. Award at public auction in the insolvency procedure. Refusal of the judicial liquidator to conclude the contract in authentic form after the award. Consequences DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

  Ştefan Ioan Lucaciuc (Author)

• Insolvency procedure. Valuation of the debtor’s properties in the insolvency procedure. The date when such valuation must be reported DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

  Ştefan Ioan Lucaciuc (Author)

• Insolvency procedure. The existence of the conflict of interests, as a reason for annulling the decision and, respectively, for the wrong assessment of the majority of the vote. Conditions DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

  Anca Buta (Author)

• The insolvency procedure. The decision of the creditors' meeting to approve the notification of the fiscal body regarding the debtor's intention to benefit from the fiscal facilities provided by G.O. no. 6/2019. Compatibility with the procedure laid down DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

  Csaba Bela Nasz (Author)

• Insolvency procedure. Obtaining creditors’ consent to continue the current activity DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

  Anca Buta (Author)

• Insolvency procedure. The principle of maximizing debtor’s estate. The sale procedure and the price – aspects of opportunity left by the legislator at the discretion of the creditors' meeting DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

  Ştefan Ioan Lucaciuc (Author)

• Termination of a legal assistance contract. The beginning of the limitation term DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

  Csaba Bela Nasz (Author)

• International civil trial. International competence of Romanian courts. Power-granting clause. Conditions DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

  Csaba Bela Nasz (Author)

• Claim deriving from the performance of administrative contracts. Means of challenge against the decision of the first court. Imprecise indication in the ruling regarding the means of challenge. Irrelevance DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

  Csaba Bela Nasz (Author)

• Case discontinuance. Conditions for the case expiration DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

  Ştefan Ioan Lucaciuc (Author)

• Public procurement. Conditions to be met in order for an economic operator to be able to specify the capabilities of other entities in order to demonstrate the fulfillment of a qualification requirement. DREPTUL CONTENCIOSULUI ADMINISTRATIV ŞI FISCAL

  Diana Duma-Pătraşcu (Author)

• Dividend tax, tax on income from the transfer of use of goods and social health insurance contributions related to agricultural products and monies paid by agricultural companies to founding members and other persons who transfer the right to use the land DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

  Maria Cornelia Dascălu (Author)

• The obligation of the participation of the secretary of the administrative-territorial unit in the meetings of the local council and the sanction applicable in case of non-compliance with the provisions of Article 42 paragraph (3) and (4) of Law no. 215 DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

  Maria Cornelia Dascălu (Author)

• VAT Taxable Transactions. The notions of 'taxable person' and 'economic activity' in national tax legislation and in European law. Conditions for the right to deduct the VAT DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

  Diana Duma-Pătraşcu (Author)

• Injunction on administrative litigation. Petition to order the defendants the Government of Romania, the Ministry of Health, the National Health Insurance House and the National Agency for Medicines and Medical Devices of Romania to insure, in a 100% comp DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

  Ruxandra Codrea (Author)

• The administrative procedure that must be followed in order to issue administrative acts regarding the increase in local taxes and fees by local councils. The illegal nature of the procedure for establishing the increased tax on buildings, due to the lack DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

  Diana Duma-Pătraşcu (Author)

• Denial of the right to practice law on the territory of the Romanian State, under the title obtained in another EU member state, including in Romanian law. Inapplicability of the condition laid down in Article 13 of Law no. 51/1995 to pass an exam to veri DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

  Ruxandra Codrea (Author)

• Admissibility of the injunction in labor disputes. Possibility of suspending the order of abrupt change of the employee's job DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

  Camelia Lucaciuc (Author)

• Social insurance. Use of the internship period in the legal profession. Status of incompatibility in practicing the lawyer profession DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

  Alina-Ştefania Rotuna (Author)

• Contribution stages in unintegrated systems. Use in the public pension system. Conditions DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

  Carmen Pârvulescu (Author)

• The calculation of the monetary rights granted to the personnel seconded under Article 13 paragraph (1) letter a) of GEO no. 27/2006, consisting of the daily allowance of 2% of the gross monthly employment allowance DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

  Alina-Ştefania Rotuna (Author)

• Resignation without prior notice. Issuance by the employer of an order to terminate the individual employment agreement by transforming the resignation without prior notice into a conditional resignation. The time of effective termination of the work rela DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

  Alina-Ştefania Rotuna (Author)

• Termination of the individual employment agreement during the trial period. Verification of the employee's skills, which hides the disability, through the trial period provided by Article 31 paragraph (1) of the Labor Code. Inapplicability of Article 38 L DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

  Camelia Lucaciuc (Author)

• Overtime not requested by the employer. Not contesting the decision of disciplinary dissolution of the individual employment agreement. Effects regarding the manager’s liability for lack of management DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

  Alina-Ştefania Rotuna (Author)

• Personnel employed according to Law no. 153/2017 in Annex VIII - occupational family of budgetary functions Administration, Chapter II, point C, letter b). The possibility of granting the increment for particularly dangerous conditions in a percentage of DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

  Camelia Lucaciuc (Author)

• Reduction of the work schedule from 5 days to 4 days per week, for the entire staff of the unit, with the corresponding reduction of the salary, until the situation is remedied. Premise necessary for the application of Article 52 paragraph (3) consists in DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

  Alina-Ştefania Rotuna (Author)

• Transforming the positions of 'professional foster carers' into 'professional personal assistants'. Conditions for obtaining the certificate of professional personal assistant DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

  Alina-Ştefania Rotuna (Author)

• The acquittal of the defendant based on the cause of non-imputability of the error for committing the crime of leaving the place of the accident or the modification or deletion of its traces, provided by Article 338 paragraph (1) of the Criminal Code. DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

  Ioan Nemeş (Author)

• European Criminal Investigation Order issued under Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014. Appeal against the ruling ordering the issuance of the European investigation order during the trial DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

  Ioan Nemeş (Author)

• Extension of the surrender term and the measure of preventive arrest of the requested person for surrender to the competent judicial authorities, based on the European arrest warrant, due to the impossibility of organizing the surrender/takeover mission i DREPT PENAL ŞI DREPT PROCESUAL PENAL

  Codrina Iosana Martin (Author)

• The principle of ne bis in idem. Termination of the criminal trial against the defendant on the basis of the res judicata authority, if, after the contravention sanction for hitting and destruction, the court ordered for the person to be sent to trial for DREPT PENAL ŞI DREPT PROCESUAL PENAL

  Ioan Nemeş (Author)

• Recognition and enforcement of judgments delivered by another state of the European Union. The request of the issuing state to arrest the convicted person until the pronouncement of the recognition decision. Lack of the condition that the convicted person DREPT PENAL ŞI DREPT PROCESUAL PENAL

  Codrina Iosana Martin (Author)

• The active subject of the offense of favoring the perpetrator. Self-favoring. Meeting the standard requirements DREPT PENAL ŞI DREPT PROCESUAL PENAL

  Codrina Iosana Martin (Author)

• Access to public interest information regarding the environment, according to the Aarhus Convention DEZBATERI

  Ruxandra Codrea (Author)

• Assessing the existence of a conflict of interest in a public procurement procedure; regulation of the conflict of interests through the special legislation on public procurement and through some special normative acts DEZBATERI

  Diana Duma-Pătraşcu (Author)

• Theoretical and practical considerations concerning the trial period DEZBATERI

  Carmen Pârvulescu (Author)

• Notification – specific way of terminating the employment agreement during or at the end of the trial period DEZBATERI

  Carmen Pârvulescu (Author)

• Recognition of the European Enforcement Order in the Member State of enforcement in the light of Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 on the creation of a European Enforcement Order for uncontested cla DEZBATERI

  Diana Duma-Pătraşcu (Author)

• Execution valences of the letter of bank guarantee DEZBATERI

  Ştefan-Robert Ştefan (Author)