No. 6 (2020): Revista Română de Jurisprudență

Articole

• The possibility of being obliged to pay a global periodic benefit corresponding to the „damage suffered by losing a chance”, in the case of road accident victims suffering from permanent physical disability. The notion and the legal valences of the „da DREPT PENAL ŞI PROCESUAL PENAL

  Ilenuţa Bădiceanu (Author)

• Revocative action. Limitation period. Third party’s complicity in committing fraud DREPT CIVIL ŞI PROCESUAL CIVIL

  Alina Mihaela Mateescu (Author)

• The challenge by the legal expert by way of non-contentious procedure of the method of determination of the final fee established under judgment. Inadmissibility DREPT ADMINISTRATIV ŞI FISCAL

  Tiberiu Adrian Vîrgolici (Author)

• Mainlining the attachment in the tax matter. Effects Deadline for filing the claim DREPT ADMINISTRATIV ŞI FISCAL

  Andreea Prunaru (Author)

• The individual employment agreement. Conclusion of the agreement for a limited period DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

  Clara Elena Ciapă (Author)

• Disciplinary liability DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

  Cristina-Maria Ropotă (Author)

• Disciplinary liability of the employee. Individualization of sanction DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

  Alina Mihaela Mateescu (Author)

• The scope of the provisions of Article 256 of the Labor Code. The relation to the enforcement institution DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

  Monica Garofiţa Pandrea (Author)

• Dispute regarding the rights of the staff within the justice system. Holder of the obligation to pay the monetary rights due for assignment. Service performed during the days of weekly rest DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

  Mircea Stan (Author)

• Psychological harassment of the employee. Breach of the dignity in the workplace. Non-pecuniary damages DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

  Alina Mihaela Mateescu (Author)

• Partial early retirement pension. Review of rights, as a result of the intervention of a new legislative act, by removal of penalty. Transition to the pension for age limit DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

  Alina Mihaela Mateescu (Author)

• Service pension. Recognition of the right under court orders. Update of pension DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

  Mircea Stan (Author)

• The offence of bodily injury of gross negligence committed by the medical staff by the non-performance of their job duties adequately. Rejection of the request for ordering the change of the legal classification of the deed into the dereliction of duty DREPT PENAL ŞI PROCESUAL PENAL

  Răzvan Cosmin Dicu (Author)

• Occupational accident. Unintentional bodily injury DREPT PENAL ŞI PROCESUAL PENAL

  Vlad Mihai Neagoe (Author)

• Drug concept DREPT PENAL ŞI PROCESUAL PENAL

  Simona Franguloiu (Author)

• The rape and the offence of transmission of the acquired immunodeficiency syndrome. Ideal concurrence. Proving the transmission of the acquired immunodeficiency syndrome DREPT PENAL ŞI PROCESUAL PENAL

  Costel Cristinel Ghigheci (Author)

• The performance of a technical and scientific finding during the criminal prosecution stage, in cases whose object is the offense of tax avoidance. The obligation of capacity to carry out an accounting expertise during the criminal prosecution stage, i DREPT PENAL ŞI PROCESUAL PENAL

  Mihaela Darabană (Author)

• The legal regime of the insurance indemnity in the event that the asset on which the measure of attachment was established during the criminal prosecution stage is destroyed before ruling a final judgment in the case. DREPT PENAL ŞI PROCESUAL PENAL

  Cristina Marilena Moisă (Author)

• Technical supervision measures. Absolute nullity of the hearing minutes by which they were ordered by the rights and freedoms judge, during the criminal prosecution, technical supervision measures DREPT PENAL ŞI PROCESUAL PENAL

  Nicoleta Hădărean (Author)

• Incompatibility of the judge in connection with the settlement of an appeal regarding the duration of the criminal trial, in the criminal investigation phase DREPT PENAL ŞI PROCESUAL PENAL

  Ilenuţa Bădiceanu (Author)

• Application for delivery of a preliminary decision by the Court of Justice of the European Union. The crime of money laundering DREPT PENAL ŞI PROCESUAL PENAL

  Simona Franguloiu (Author)

• Establishing the amount of the educational measure of hospitalization in a detention center, in case of continuous crime DREPT PENAL ŞI PROCESUAL PENAL

  Ilenuţa Bădiceanu (Author)

• The limitation term of criminal liability, from the perspective of the more favorable law and Decision no. 586 / 13.09.2016 pronounced by the Constitutional Court of Romania DREPT PENAL ŞI PROCESUAL PENAL

  Ilenuţa Bădiceanu (Author)

• The possibility of the accused to benefit from the cause of reduction of the punishment provided by Article 10 para. (1) of Law no. 241/2005. The difference between the claims of the civil party and the damage DREPT PENAL ŞI PROCESUAL PENAL

  Ilenuţa Bădiceanu (Author)

• Reduction of benefits Dezbateri

  Viorel Terzea (Author)

• Brief analysis of the practice of the courts, regarding the partial early pension and the benefit conferred according to Article 65 para. (5) of Law no. 263/2010 DEZBATERI

  Alina Mihaela Mateescu (Author)

• Subject-matter jurisdiction in the claims filed against the legal entities of public law DEZBATERI

  Andreea Tabacu (Author)

• Opening the insolvency proceedings at the creditor’s request. Case study DEZBATERI

  Marcela Comşa (Author)

• The effects of the finding that the variable interest clause, inserted by banks (credit institutions) in consumer banking credit agreements, is abusive, in the light of the case law of the Court of Justice of the European Union (with special reference DEZBATERI

  Ştefan-Robert Ştefan (Author)

• Preliminary complaint and the limitation of the right to action in case of disputes regarding the administrative contracts. Examination of the legislative amendments and issues of transitory law DEZBATERI

  Anca Andreea-Terzea (Author)

• Communication of the tax administrative act and the cases of equipollence in the Code of Civil Procedure DEZBATERI

  Andreea Tabacu (Author)

• Brief theoretical and practical considerations about the decision of the Court of Justice of the European Union in the case EFS (C-278/14) DEZBATERI

  Demis-Mariu Spărios (Author)

• Debates regarding the committing of the offence of abuse of office by failure to challenge a contravention by a police officer DEZBATERI

  Costel Cristinel Ghigheci (Author)

• Issue of exclusion of the telephone intercepts rendered through the agency of the intelligence services DEZBATERI

  Vlad Mihai Neagoe (Author)

• Claim subject to forced enforcement that was assigned. Opposability of assignment of debt. Notification of assignment of debt. Modalities to notify the assignment of the receivable to the assigned debtor DREPT CIVIL ŞI PROCESUAL CIVIL

  Beatrix-Yvonne Piess-Malimarcov (Author)

• International sale contract. Non-performance of the handing over obligation by the seller. Application filed by the buyer for the refund of the paid price DREPT CIVIL ŞI PROCESUAL CIVIL

  Viorel Terzea (Author)

• Contract for the international carriage of goods. Relying on its conclusion by electronic means communication. Requirements. Proof of the contract of carriage DREPT CIVIL ŞI PROCESUAL CIVIL

  Viorel Terzea (Author)

• Opening the adoption procedure. Substitution of the parents’ consent DREPT CIVIL ŞI PROCESUAL CIVIL

  Alina Mihaela Mateescu (Author)

• Removal of mortgage in case of occurrence of the limitation of the right to claim enforcement of the secured obligations, in the light of the old Civil Code. Enforcement of the provisions of art. 34 para. 3 of Law no. 7/1996 DREPT CIVIL ŞI PROCESUAL CIVIL

  Monica Garofiţa Pandrea (Author)

• Precautionary provisional measures – seizure DREPT CIVIL ŞI PROCESUAL CIVIL

  Marius Robert Cadea (Author)

• Lack of standing under the law of the party. Ground of public order illegality DREPT CIVIL ŞI PROCESUAL CIVIL

  Alina Mihaela Mateescu (Author)

• Impleader filed late. Sanction DREPT CIVIL ŞI PROCESUAL CIVIL

  Viorel Terzea (Author)

• Negative conflict of jurisdiction. Compensation for the expropriation in fact DREPT CIVIL ŞI PROCESUAL CIVIL

  Alina Mihaela Mateescu (Author)

• Negative conflict of jurisdiction. Civil courts and specialized courts DREPT CIVIL ŞI PROCESUAL CIVIL

  Andreea Tabacu (Author)

• Claim submitted to the court by fax/electronic mail. Absence of signature. Nullity of the claim DREPT CIVIL ŞI PROCESUAL CIVIL

  Alina Mihaela Mateescu (Author)

• Rightful suspension of the trial. Application for reopening the legal proceedings. Obsolescence DREPT CIVIL ŞI PROCESUAL CIVIL

  Alina Mihaela Mateescu (Author)

• Civil tort liability. Court expenses paid in other legal proceedings. Proof of loss DREPT CIVIL ŞI PROCESUAL CIVIL

  Alina Mihaela Mateescu (Author)

• Admissibility of bringing the main appeal and the incidental appeal by the same party, at the same time DREPT CIVIL ŞI PROCESUAL CIVIL

  Ana-Maria Câmpean (Author)

• Dispute regarding the magistrates’ entitlements. Appeal. Optional jurisdiction DREPT CIVIL ŞI PROCESUAL CIVIL

  Alina Mihaela Mateescu (Author)

• Second appeal. Request for suspension of enforcement of a decision under appeal. Conditions DREPT CIVIL ŞI PROCESUAL CIVIL

  Mircea Stan (Author)

• Establishment of the mediation agreement. Non-contentious proceedings. Inadmissibility of the second appeal DREPT CIVIL ŞI PROCESUAL CIVIL

  Alina Mihaela Mateescu (Author)

• Representation of the legal entity during the enforcement stage in the light of the effects of the decisions of the High Court of Cassation and Justice no. 9/2016 and 19/2018, given in the settlement of a preliminary decision. Distinction between the d DREPT CIVIL ŞI PROCESUAL CIVIL

  Andreea Prunaru (Author)

• Representation of the creditor – legal entity with registered office within the territory of another Member State of the E.U. than Romania by a proxy – legal entity during the stage of enforcement DREPT CIVIL ŞI PROCESUAL CIVIL

  Carmen Dinu (Author)

• Bank loan agreement and addendum hereto. Declaration of enforcement. Objection to enforcement DREPT CIVIL ŞI PROCESUAL CIVIL

  Mirela Nicolaescu (Author)

• Time of conclusion of the distance contract on financial services. Lack of the borrower's handwritten signature. Enforceable title DREPT CIVIL ŞI PROCESUAL CIVIL

  Beatrix-Yvonne Piess-Malimarcov (Author)

• Concurrence between the summons on a promissory note and the summons likely to enforcement DREPT CIVIL ŞI PROCESUAL CIVIL

  Andreea Prunaru (Author)

• Limitation term of the right to obtain enforcement. Applicable law. Interruption of the limitation period. The interruptive character of limitation term of the report of cessation of the enforcement drawn up by the bailiff due to the lack of the tracea DREPT CIVIL ŞI PROCESUAL CIVIL

  Beatrix-Yvonne Piess-Malimarcov (Author)

• Declaration of the early maturity of the loan agreement by the creditor for non-performance of the contractual obligations by the debtor. The date on which the limitation period of the right to claim enforcement begins to run DREPT CIVIL ŞI PROCESUAL CIVIL

  Carmen Dinu (Author)

• Declaration of the early maturity of the debt. Effects on the limitation periods which run until the intervention time DREPT CIVIL ŞI PROCESUAL CIVIL

  Andreea Prunaru (Author)

• Appeal against the minutes of resolution of the application for suspension of enforcement. Initial date of the term to file the appeal – from the decision rendering or from the decision service date DREPT CIVIL ŞI PROCESUAL CIVIL

  Beatrix-Yvonne Piess-Malimarcov (Author)

• Receivables established by enforceable titles against public institutions and authorities. Invocation by way of appeal to enforcement of the lack of the necessary funds intended for the payment of the outstanding salary rights. Seizure on all accounts DREPT CIVIL ŞI PROCESUAL CIVIL

  Beatrix-Yvonne Piess-Malimarcov (Author)

• Objection to enforcement finally dismissed. Application for the security refund. Subject-matter jurisdiction DREPT CIVIL ŞI PROCESUAL CIVIL

  Carmen Dinu (Author)

• Registration in the trade register regarding the appointment and revocation of the directors within limited liability companies LITIGII CU PROFESIONIŞTI

  Carmen Bujan, Marcela Comşa (Author)

• Functional jurisdiction. Conflict of jurisdiction between the civil divisions of the court LITIGII CU PROFESIONIŞTI

  Marcela Comşa (Author)

• Opening the insolvency proceedings at the creditor’s request LITIGII CU PROFESIONIŞTI

  Marcela Comşa (Author)

• The owners’ association. Opening the insolvency proceedings. Admissibility LITIGII CU PROFESIONIŞTI

  Andreea Tabacu (Author)

• Formulation of the application for registration in the list of receivables of the main debtor. Suspension of the limitation period of the right to request enforcement against the main debtor. LITIGII CU PROFESIONIŞTI

  Beatrix-Yvonne Piess-Malimarcov, Beatrix-Yvonne Piess-Malimarcov (Author)

• Loan repayment guaranteed by issuing blank promissory notes and the guarantee of the National Credit Guarantee Fund for Small and Medium Enterprises (F.N.G.C.I.M.M.). Subrogation of the Fund to the creditor's rights within the amount paid. LITIGII CU PROFESIONIŞTI

  Beatrix-Yvonne Piess-Malimarcov (Author)

• Budgetary claim arising prior to the opening of the procedure, but established under a notice of assessment/tax return issued subsequently to this time LITIGII CU PROFESIONIŞTI

  Maria-Ruxandra Danciu (Author)

• Capitalization in the insolvency of the assets subject to a criminal seizure subsequent to the mortgage of the secured creditor LITIGII CU PROFESIONIŞTI

  Andreea Tabacu (Author)

• Appeal to the preliminary table. Tax receivables included in the writ of enforcement, whose enforcement was suspended by the administrative disputes court LITIGII CU PROFESIONIŞTI

  Andreea Tabacu (Author)

• Insolvency procedure. Decision of the majority creditor to appoint a judicial receiver. Deadline for appealing LITIGII CU PROFESIONIŞTI

  Viorel Terzea (Author)

• Company under the judicial reorganization procedure. Individual enforcement started from the tax creditor. Jurisdiction to settle the action having as object the abolition of the enforcement documents LITIGII CU PROFESIONIŞTI

  Viorel Terzea (Author)

• Debtor undergoing the insolvency proceedings. Order of settlement of the tax claims LITIGII CU PROFESIONIŞTI

  Anca Andreea-Terzea (Author)

• Works contract. Report of the Court of Accounts. Moment of running of the limitation period DREPT ADMINISTRATIV ŞI FISCAL

  Andreea Tabacu (Author)

• Public procurement complaint. Challenge of the result of the selection procedure. Omission of the excluded economic operator to request clarifications. Consequences DREPT ADMINISTRATIV ŞI FISCAL

  Viorel Terzea (Author)

• Notice of assessment regarding the determination of the tax on land and buildings. Conflict between the territorial administrative units regarding the taxable matter. The notion of „conflict regarding the territorial delimitation”. Lawfulness DREPT ADMINISTRATIV ŞI FISCAL

  Mirela Ceolpan (Author)

• Tax on buildings due by legal entities. Revaluation omission. Manner of determination of the taxable value DREPT ADMINISTRATIV ŞI FISCAL

  Anca Andreea-Terzea (Author)

• Difference of the permit fee. Notion of constructions. Edification of photovoltaic panels DREPT ADMINISTRATIV ŞI FISCAL

  Anca Andreea-Terzea (Author)

• Decision for incurring joint and several liability. Procedure of communication of the tax document in lack of a notification about the change of residence. Application of successive legislative acts over time. Lawfulness DREPT ADMINISTRATIV ŞI FISCAL

  Ioana Ţărmure (Author)

• Incurring joint and several liability for the tax liabilities of the company DREPT ADMINISTRATIV ŞI FISCAL

  Andreea Tabacu (Author)

• Delayed VAT return. Application for provision of interest rates. Failure to appeal the decision issued by the tax body, by which the provision of interest rates was refused. Consequences DREPT ADMINISTRATIV ŞI FISCAL

  Anca Andreea-Terzea (Author)

• Ex officio annulment of the registration for VAT purposes. The right of assessment of the tax body DREPT ADMINISTRATIV ŞI FISCAL

  Anca Andreea-Terzea (Author)

• VAT payment obligation. Special taxation regime at the profit margin rate as regards the second hand vehicles (goods) DREPT ADMINISTRATIV ŞI FISCAL

  Maria-Ruxandra Danciu (Author)

• Service of the fiscal administrative act. Effects DREPT ADMINISTRATIV ŞI FISCAL

  Andreea Tabacu (Author)

• Sanction or procedural remedy for failure to deposit the security in the amount provided for by law for the settlement of the appeal filed with the National Council for Solving Complaints DREPT ADMINISTRATIV ŞI FISCAL

  Ramona Graţiela Milu (Author)

• The object of the action brought before the administrative court and its correlation with the solutions that the court may render. Notion of unjustified refusal to settle an application DREPT ADMINISTRATIV ŞI FISCAL

  Anca Andreea-Terzea (Author)

• Decision issued by the relevant tax body tot suspend the settlement of the tax administrative appeal. Action brought before the administrative court having as object the reversal of the respective decision. DREPT ADMINISTRATIV ŞI FISCAL

  Viorel Terzea (Author)

• Enforceability of the criminal judgment in relation to the tax body competent to settle the tax administrative appeal DREPT ADMINISTRATIV ŞI FISCAL

  Viorel Terzea (Author)

• Admissibility of the impleader before the administrative court DREPT ADMINISTRATIV ŞI FISCAL

  Anca Andreea-Terzea (Author)

• Negative conflict of jurisdiction. Dispute arising from the exercise by the data subject of the right of access against a court of law in its capacity as controller of personal data DREPT ADMINISTRATIV ŞI FISCAL

  Silviu-Dorin Şchiopu (Author)

• Failure to communicate and call into question the admissibility of a change of action by the court of first instance, having as result the wrongful establishment of the procedural framework. Ground for quashing with referral for retrial DREPT ADMINISTRATIV ŞI FISCAL

  Demis Marius Spărios (Author)

• Censoring the attorney’s fee. Ground for second appeal. Inadmissibility DREPT ADMINISTRATIV ŞI FISCAL

  Andreea Tabacu (Author)

• Admissibility of the presiding judge’s order in the administrative matter DREPT ADMINISTRATIV ŞI FISCAL

  Anca Andreea-Terzea (Author)