No. 5 (2020): Revista Română de Jurisprudență

Articole

• Tort liability. Interpretation of Article 1.386 paragraph 1 of the Civil Code DREPT CIVIL ŞI PROCESUAL CIVIL

  Claudia Bodean (Author)

• Significant change of the procurement contract, during the validity term. DREPT ADMINISTRATIV ŞI FISCAL

  Cristina Dicu (Author)

• Cancellation of the administrative act. Inadmissibility of the statement of claim of the prefect of the county, as a person who can claim the same rights as the claimant DREPT ADMINISTRATIV ŞI FISCAL

  Elena Carina Gheorma (Author)

• Special legal provision of exemption from the payment of the building tax for a specified period of time, referred to in the contract of the parties. Subsequent express repealing of the special legal provision. DREPT ADMINISTRATIV ŞI FISCAL

  Ramona Poppa (Author)

• Service of the fiscal administrative act to the debtor in insolvency procedure. The illegality of the decision to reject the tax administrative appeal as not submitted in time. Quashing of the decision of the first court with case referral for retrial DREPT ADMINISTRATIV ŞI FISCAL

  Elena Carina Gheorma (Author)

• Tax decision on receivables due to the local budget. Legality of the classification, for taxation, of office type containers, in the category of buildings, within the meaning of the Fiscal Code DREPT ADMINISTRATIV ŞI FISCAL

  Ramona Poppa (Author)

• Exemption from the payment of the VAT. Expenses made with building a construction on the land owned by another person. Lack of proof of the reality of expenses made DREPT ADMINISTRATIV ŞI FISCAL

  Francisc Nemeth (Author)

• Tax decision establishing tax debts payable by the taxpayer company. Administrative appeal lodged by the former legal directory of the company, denied by the tax authority for lack of standing to be sued of the appeal titleholder. DREPT ADMINISTRATIV ŞI FISCAL

  Ramona Poppa (Author)

• Fiscal Objection. Application of Community provisions not invoked with the consequence of removing even the legal provisions invoked by the appellant. Illegality DREPT ADMINISTRATIV ŞI FISCAL

  Francisc Nemeth (Author)

• The beginning of the 3-year limitation term of the right of the head of the public authority to issue the imputation order to a civil servant with special status from the penitentiary administration system DREPT ADMINISTRATIV ŞI FISCAL

  Cristina Dicu (Author)

• Application of the exemption from the tax on means of public transport provided by Article 469 paragraph 1 letter b of the Fiscal Code, in case both spouses are disabled persons and own two means of public transport. DREPT ADMINISTRATIV ŞI FISCAL

  Cristina Dicu (Author)

• Decision to tax the receivables due to the local budget. Inapplicability of the provisions of the Fiscal Procedure Code to the receivables arising from a concession contract concluded with a legal entity other than the State Domains Agency DREPT ADMINISTRATIV ŞI FISCAL

  Cătălin-Mihai Vijelie (Author)

• The basis of the recourse action in case of tort civil liability of the principal for the person in charge. Principle of availability DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

  Alina-Gabriela Jurubiţă (Author)

• Patrimonial liability of the public receiver. The damage created with the international trips of the city hall employees – means of recovery DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

  Alina-Gabriela Jurubiţă (Author)

• The action filed by the Administrative-Territorial Unit (ATU) against the former president of the County Council to recover the damage suffered as a result of the fact that the defendant, in fulfilling his legal obligations, did not recover this damage DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

  Alina Savin (Author)

• The Army. Procedural material jurisdiction Litigation regarding the work relations DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

  Mihail Stănescu Sas (Author)

• The suspension of the individual employment agreement. Medical inability to carry out a professional activity. Medical examination report DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

  Mihail Stănescu Sas (Author)

• Residency scholarship. Its classification as a cost triggered by the professional training. Obligation to restitute. Priority of the addendum establishing the obligations in connection with the scholarship with respect to the employment contract itself. DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

  Mihaela Cristina Mocanu (Author)

• Professional training leave for the preparation and taking of exams within the faculty, in a field of discipline correlated with the activity carried out. Non-granting. Consequences DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

  Mihaela Cristina Mocanu (Author)

• Project funded from European funds. Claim for restitution of the amounts paid as salaries. Impleader of the experts who benefitted from the sums and of the relevant ministries. Inadmissibility. Legal relation of different nature DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

  Mihaela Cristina Mocanu (Author)

• Action filed by the claimant for the establishment of seniority for a period of approximately 15 years worked in the Agricultural Production Cooperative (CAP) DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

  Alina Savin (Author)

• Non-pecuniary damage for the damage suffered after the sanctioning decision was issued DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

  Alina Savin (Author)

• Individual dismissal for reasons not related to the employee's person. Calculation of the prior notice term „on working days”. Taking over the duties of the position dissolved by other positions DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

  Mihail Stănescu Sas (Author)

• Dismissal of union leader – nullity of the collective labor contract clause in view of the application of the Decision of the Constitutional Court no. 814 of 24 November 2015 DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

  Alina-Gabriela Jurubiţă (Author)

• Pension for age limit. Review. Classification of the claim for revision. Limits of judicial revision of the pension DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

  Mihail Stănescu-Sas (Author)

• Social insurance – establishing the contribution in case of two simultaneous employment relations, where the individual social insurance contribution was capped at 5 times the gross average earnings, for each source of income DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

  Alina-Gabriela Jurubiţă (Author)

• Unemployment indemnity. Identification of the legal nature of the income included in the basis for calculation DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

  Mihail Stănescu-Sas (Author)

• Action by which the claimant challenges the Pension Fund’ decision to deny the certificate attesting that the claimant worked in higher work groups DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

  Alina Savin (Author)

• The offense of refusing or evading the taking of biological samples. Standard requirements Acquittal DREPT PENAL ŞI PROCESUAL PENAL

  Raluca Ceauşu (Author)

• Attempted murder. Bodily injury. Change of the legal classification of the action DREPT PENAL ŞI PROCESUAL PENAL

  Florian Costin (Author)

• The offence of attempted murder or common assault; the conditions for the challenge-based excuse; the conditions of the simplified procedure for admitting blame or guilt DREPT PENAL ŞI PROCESUAL PENAL

  Florin Dumitru (Author)

• Leaving the scene of the accident. The court did not admit evidence as mitigating circumstances DREPT PENAL ŞI PROCESUAL PENAL

  Florin Meleacă (Author)

• Concurrence of offences. Judicial individualization of the post judicium punishment. If several offences were committed; some during the minority and others after adulthood DREPT PENAL ŞI PROCESUAL PENAL

  Costică Diţă (Author)

• Causes removing criminal liability. The limitation term of the criminal liability. Application of the more favorable criminal law. Interruption of the criminal liability limitation term, under the Decision of the Constitutional Court no. 297 DREPT PENAL ŞI PROCESUAL PENAL

  Ciprian Coadă (Author)

• Negative conflict of jurisdiction. Distinction between the offence of common assault and attempted murder DREPT PENAL ŞI PROCESUAL PENAL

  Marcian-Marius Istrate (Author)

• Preliminary complaint as a special modality to notify the criminal investigation bodies. The term for filing the preliminary complaint in the case of the offense of family abandonment. The method of calculating the term provided by Article 296 DREPT PENAL ŞI PROCESUAL PENAL

  Ciprian Coadă (Author)

• Appeal for annulment. Inadmissibility. Ruling on resolving a complaint against the prosecutor's dismissal of the proceedings DREPT PENAL ŞI PROCESUAL PENAL

  Florin Meleacă (Author)

• Review. Inadmissibility DREPT PENAL ŞI PROCESUAL PENAL

  Florin Meleacă (Author)

• Confirmation of the impossibility of the convicted person to perform unpaid work for the benefit of the community, at the request of the Probation Department appointed with supervision. The exclusive competence of occupational medicine physicians DREPT PENAL ŞI PROCESUAL PENAL

  Ciprian Coadă (Author)

• Objection for annulment in civil matters. Absolute lack of jurisdiction or violation of the rules regarding the composition of the court DEZBATERI

  Mihaela Ganea (Author)

• Current difficulties in the management of the Black Sea fish resources in the context of the application of Community fishing regulations DEZBATERI

  Ciprian Coadă (Author)

• Admissibility of the second appeal in the case of disputes concerning civil navigation and activity in harbors. Determining the scope of the „civil navigation and activity in harbors” DEZBATERI

  Oana Damian (Author)

• A problem of non-unitary practice regarding the material jurisdiction to solve the cases regarding the monetary rights of the military personnel from the perspective of the new regulations from the Administrative Code DEZBATERI

  Mihaela Cristina Mocanu (Author)

• Interruption of the criminal liability limitation term, under the Decision of the Romanian Constitutional Court no. 297/26 April 2018 DEZBATERI

  Ciprian Coadă (Author)

• Some special measures and methods of investigation and research applicable to offenses assimilated to corruption offenses DEZBATERI

  Săndina Mariana Croitoru (Author)

• Particularities of the devolutive effect and of the principle non reformatio in pejus in the prosecutor’s appeal DEZBATERI

  Damian Marius Mitea (Author)

• Possible Legal Adaptations to the Need for Social (Physical) Distancing DEZBATERI

  Alexandru Bleoancă (Author)

• Tort civil liability. Medical Fault. The physician's obligation of diligence upon release of the test results DREPT CIVIL ŞI PROCESUAL CIVIL

  Mihaela Ganea (Author)

• Imputation of payment. Maintenance costs. The owners’ association. Appeal DREPT CIVIL ŞI PROCESUAL CIVIL

  Ecaterina Ivanov (Author)

• Law 165/2013. Calculation of the term to exercise the direct action, in case of denial to solve the notification. Late submission DREPT CIVIL ŞI PROCESUAL CIVIL

  Laura Smarandi (Author)

• Civil law – family law: The legal nature as the common asset of the company housing unit purchased by one of the spouses during the marriage. DREPT CIVIL ŞI PROCESUAL CIVIL

  Viorel Voineag (Author)

• Civil Procedural Law. Concurrent actions with the same legal cause. Modality to solve them DREPT CIVIL ŞI PROCESUAL CIVIL

  Mihaela Ganea (Author)

• Action for confirmation. Court confirmation of the extension of the contractual effects. Admissibility DREPT CIVIL ŞI PROCESUAL CIVIL

  Mihaela Ganea (Author)

• Action in recourse filed by the Romanian Motor-Vehicles Insurers Bureau, against the owner of the car, who had not concluded Civil Liability Insurance. Standing to be sued. Appeal DREPT CIVIL ŞI PROCESUAL CIVIL

  Ecaterina Ivanov (Author)

• Negative conflict of jurisdiction. Divorce. Change of domicile DREPT CIVIL ŞI PROCESUAL CIVIL

  Gabriel Lefter (Author)

• Inadmissibility of the second appeal in a labor dispute, settled by the court in the first instance and by the district court in the appeal Tort civil liability. Medical Fault. The physician's obligation of diligence upon release of the test results

  Claudia Bodean (Author)

• Means of challenge in the public tender procedure. Second appeal. Admissibility Tort civil liability. Medical Fault. The physician's obligation of diligence upon release of the test results

  Mihaela Ganea (Author)

• Leasing contract. Lack of abusive nature of the clauses on damages due for non-compliance with contractual obligations LITIGII CU PROFESIONIŞTI

  Elena Carina Gheorma (Author)

• Credit agreement, terminated by the bank for lack of payment. Abusive clauses – admissibility of action. Variability of the bank’s margin. Revision of interest and fees. Credit fees, credit management fees, risk tracking fees and early repayment fees. LITIGII CU PROFESIONIŞTI

  Giulio-Costel Nedelcu (Author)

• The contract of international transport of goods on the roads. The UNO Convention on the Contract for the International Carriage of Goods by Road (WRC) of 19 May 1956 – calculation of the 1-year limitation period for the substantive right of action. LITIGII CU PROFESIONIŞTI

  Giulio-Costel Nedelcu (Author)

• Decision of the general meeting of the associates of a limited liability company, which established the closure of the company's activity from the secondary offices, as well as the sale to a third party of the goodwill. LITIGII CU PROFESIONIŞTI

  Ramona Poppa (Author)

• Admissibility of the complaint against the resolution of the Head of the Trade Registry Office admitting the application for registration of a company. LITIGII CU PROFESIONIŞTI

  Oana Damian (Author)

• Appeal against the notification of the transfer in lieu of payment – capacity as consumer; obligations of the mortgage guarantor LITIGII CU PROFESIONIŞTI

  Daniela Neagu (Author)

• Lack of capacity as representative of the former chairman of the owners’ association in relation to the owners' association to which this entity should be transformed LITIGII CU PROFESIONIŞTI

  Alexandru Bleoancă (Author)

• Opening the insolvency procedure required on the basis of a credit agreement for which there is res judicata power regarding the application of the limitation term of the material right to action regarding the receivable of Lei 805,776.35 LITIGII CU PROFESIONIŞTI

  Veronica Păcurariu (Author)

• Reciprocal receivables existing at the date of opening the insolvency proceedings of one of the parties. Waiver of compensation for mutual claims by entering one of the parties in the preliminary table of receivables of the other party LITIGII CU PROFESIONIŞTI

  Carmen Sandu (Author)

• Verification of the receivable of AAAS in the insolvency procedure. The justified refusal of the judicial receiver to enter the claim in the table of the debtor's obligations LITIGII CU PROFESIONIŞTI

  Elena Carina Gheorma (Author)

• Company undergoing the simplified insolvency procedure. Removal of the criminal precautionary attachment by the syndic judge. Budgetary receivable concurrent with the other receivables of the debtor LITIGII CU PROFESIONIŞTI

  Giulio-Costel Nedelcu (Author)

• Appeal. Insolvency procedure. Ruling ordering creditor to deposit in a bank a bail up to 10% of the amount of the claim. Inadmissibility of the appeal LITIGII CU PROFESIONIŞTI

  Andrea-Bianca Andruş (Author)

• General lack of power of the Romanian courts of law. Clauses regarding sea transport – Incoterms FOB Constanţa România – The Black Sea DREPT MARITIM

  Iulia Casian (Author)

• Ship seizure. Prerequisite DREPT MARITIM

  Adriana Ioana Sincu-Badea (Author)

• Vessel Retention. Failure to meet the requirements for retention DREPT MARITIM

  Adrian Oprea (Author)

• Decision of the Local Council approving the Regional Town Plan (PUZ). Partial illegality. Exclusion from the new PUZ of the building built in excess of the conditions of the building permit. Harm brought to the owner's rights DREPT ADMINISTRATIV ŞI FISCAL

  Elena Carina Gheorma (Author)

• Public interest information. Denial of communication. Justification Judgment of value and statistical data. Interest in filing the request for communication DREPT ADMINISTRATIV ŞI FISCAL

  Francisc Nemeth (Author)

• Special Appeal for annulment, formulated against a decision delivered in solving a complaint to the decision of the National Council for the Settlement of Appeals (CNSC). Inadmissibility DREPT ADMINISTRATIV ŞI FISCAL

  Cristina Dicu (Author)

• Complaint against the CNSC decision. The unacceptable nature of the tender determined by the transmission of the documents requested by the contracting authority beyond the established deadline. DREPT ADMINISTRATIV ŞI FISCAL

  Elena Carina Gheorma (Author)