No. 4 (2020): Revista Română de Jurisprudență

Articole

• The special protection measure of foster care. Establishment conditions. Conditions needed for the minors’ reintegration into their family DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

  Anamaria Câmpean (Author)

• Partition of the spouses’ jointly held assets at the request of the creditor of one of them. Admissibility DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

  Sergiu Cătălin Boboș (Author)

• Partition. Succession. Maintenance contract, with the reserve of the usufruct for life, concluded by the deceased with a descendant. Presumption of a disguised donation. Relative nature. Conditions DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

  Sergiu Cătălin Boboș (Author)

• Tort liability. Affirmative accident occurred on a tourist route, resulting in the death of a person. Alleged failure to take the protection measures in order to prevent the visitors’ injury. Failure to meet the elements of civil liability. Victim’s be DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

  Marta Carmen Vitos (Author)

• Public work executed on the plaintiffs’ land, without the initiation of the expropriation procedure. Right to compensation. Obligation of the public authorities to take steps for expropriation purposes. Conditions. Limits DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

  Marta Carmen Vitos (Author)

• Eviction. Invoking Article 8 of the ECHR. Estate restituted to the person entitled under Law no. 10/2001. The increase in value brought by the tenant. Applicability of the provisions of Article 48 paragraph 2 of Law no. 10/2001, as amended by Law no. 1 DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

  Carmen Maria Conț (Author)

• European funds. Claims regarding the payment of the project manager work or remuneration for attracting European funds. Person involved in employment relationships with the public institution which is the beneficiary DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

  Carmen Maria Conț (Author)

• Admissibility of a declaratory action for finding the nullity of the authentic sale-purchase agreement substituted by ruling a court order taking the place of a contract DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

  Anamaria Câmpean (Author)

• Subject-matter jurisdiction. Objection to enforcement. Appeal. Establishment of the jurisdiction of the section specialized in disputes involving professionals with reference to the grounds for the objection to enforcement, and not related to the groun DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

  Sergiu Cătălin Boboș (Author)

• Negative conflict of jurisdiction. Objection to enforcement - appeal. Writ of execution delivered in the labour dispute. Jurisdiction of the section specialized in hearing labour disputes DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

  Anca Adriana Pop (Author)

• Court expenses. Conditions that the defendant’s recognition should fulfil to be exempted from the obligation to pay the court expenses DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

  Anamaria Câmpean (Author)

• Appeal for annulment. The settlement given to the appeal is the result of a clerical error. The proof of payment of the stamp duty submitted to the casefile before ruling on the decision of the court of appeal. Legal Consequences DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

  Irinel Andrei Axente (Author)

• Reorganization plan. Creditor registered in two categories of debts, one of them being paid immediately after the plan confirmation. Negative vote. Effects DREPTUL AFACERILOR

  Mirela Budiu (Author)

• Claims. Adequate legal interest rate over a debt established under a court order. Proof of allegations. The moment from which the interest rate is due. Preexisting receivable, derived from the obligation relationship arising as a result of incurring th DREPTUL AFACERILOR

  Maria Botiș (Author)

• Clearly illegal regulatory administrative act. Consequences DREPT ADMINISTRATIV ȘI FISCAL

  Ioana Păsculeț (Author)

• Annulment of the administrative act. Issuance of the permit to purchase lethal weapons. Cumulative conditions DREPT ADMINISTRATIV ȘI FISCAL

  Delia Marusciac (Author)

• Speech therapist. Free practice license. Applicable law DREPT ADMINISTRATIV ȘI FISCAL

  Amalia Marin Alexandrina (Author)

• TVA mentioned on the invoice by a person not registered for VAT purposes. Consequences relating to the exercise of the right to deduct in the case of VAT. Distinction between the case-law of the CJEU Paper Consult (C-101/16) and Dankowski (C-438/09) DREPT ADMINISTRATIV ȘI FISCAL

  Simon Antoniu (Author)

• The method of calculation of the leave allowance of the employees working in the penitentiary system. Including an increase of 10% in this allowance for the work performed under harmful conditions and the increase of 15% for the activity performed DREPT ADMINISTRATIV ȘI FISCAL

  Bogdan George Zdrenghea (Author)

• Application for revision based on the provisions of Article 21 paragraph 2 of Law no. 554/2004 on contentious administrative procedure. Invoking the breach of the priority principle of the European Union law by failure of the court to approach all deci DREPT ADMINISTRATIV ȘI FISCAL

  Anamaria Gabriela Vida Simit (Author)

• Limits within which the employer may impose on the employee any duties in virtue of the clause according to which the employee “enforces any other provisions given by the immediate hierarchical superior or by his higher-level superior” introduced in th DREPTUL MUNCII

  Corina Mihaela Marcu-Șiman (Author)

• False testimony. Acquittal. Unlawful hearing as a witness in his/her own case. Consequences of guaranteeing the right to silence provided for under art. 83 letter a) of the Code of criminal procedure DREPT PENAL ȘI PROCESUAL PENAL

  Valentin Gheorghe Chitidean (Author)

• The offence of driving a vehicle without a driving license – in the manner of entrusting a vehicle for which law provides for the obligation to hold a driving license for driving on public roads, to a person who is known not holding a driving license. DREPT PENAL ȘI PROCESUAL PENAL

  Ana Covrig (Author)

• Driving a vehicle without a driving license. Acquittal in appeal. Mechanism of annulment of the driving license. Accessibility and predictability of law DREPT PENAL ȘI PROCESUAL PENAL

  Monica Nicola (Author)

• Abuse of office against persons’ interests. Constituent elements DREPT PENAL ȘI PROCESUAL PENAL

  Delia Purice, Marian Mihăiță Lucian (Author)

• Organized criminal group. Conviction. Constituent elements. Distinction compared to the occasional plurality. Exemption of certain evidence consisting in phone conversations interceptions. Lack of evidence relating to the group cohesion DREPT PENAL ȘI PROCESUAL PENAL

  Monica Șortan (Author)

• Confiscation order. Extended confiscation powers incompatible with the provisions of the Romanian laws in the matter. Optional reasons of non recognition/non enforcement DREPT PENAL ȘI PROCESUAL PENAL

  Ana Covrig (Author)

• Special confiscation. Substances likely to cause psychoactive effects held for own consumption DREPT PENAL ȘI PROCESUAL PENAL

  Iuliana Moldovan (Author)

• Application for recognition of the foreign judgment. Conditions. „Ne bis in idem”. Prosecutor’s order not to open criminal investigations DREPT PENAL ȘI PROCESUAL PENAL

  Delia Purice, Marian Mihăiță Lucian (Author)

• Criminal prosecution in rem. Complaint against nolle prosequi. Jurisdiction of settlement DREPT PENAL ȘI PROCESUAL PENAL

  Ana Covrig (Author)

• Pre-trial chamber. Nullity of the means of evidence. Technical supervision. Irregularity of the document initiating proceedings before the court. Report of correction of certain alleged clerical errors. Tax avoidance offenses. DREPT PENAL ȘI PROCESUAL PENAL

  Iuliana Moldovan (Author)

• Evidence. Phone interceptions authorized in virtue of Law no. 51/1995. Exemption DREPT PENAL ȘI PROCESUAL PENAL

  Monica Șortan (Author)

• Legal treatment of over-indebtedness of the individual contractor in insolvency DEZBATERI

  Mihaela Sărăcuț (Author)

• Is the tele-working in the Romanian public sector an exceptional measure which is required to become a rule? DEZBATERI

  Laura Maria Dima (Author)

• Clarifications regarding the amendments made in Law no. 101/2016 by the G.E.O. no. 23/2020 on the amendment and supplement of certain regulations having impact on the public procurement system, respectively by the G.E.O. no. 114/2020 DEZBATERI

  Liviu Ungur (Author)

• Jurisprudential benchmarks regarding the notification of the court in the control of the estate field DEZBATERI

  Anca-Mihaela Ion (Author)

• Lack of appropriateness of maintaining the provisions of Art. 75 para. (2) letter b) of the Criminal Code in the case of danger offenses DEZBATERI

  Delia Purice, Mihăiță-Marian Lucian (Author)