No. 3 (2020): Revista Română de Jurisprudență

Articole

• Real estate recovery. Effects of the termination of the maintenance contract. Creation of the superficies right. The application in time of the provisions of the New Civil Code DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

  Ștefania Fulga Anton (Author)

• Decision in lieu of authentic writ. The analysis of the fulfilment of the condition of a groundless denial of the parties to conclude the promised contract directly in the appeal. Procedural consequences DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

  Dochița Aprodănese (Author)

• State’s liability for judicial errors. Acquittal during the retrial after the court admitted a claim for revision based on the provisions of Art. 465 of the Criminal Procedure Code. DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

  Oana Ciută (Author)

• The application in time of the civil law in point of the limitation term. The commencement of the limitation period in actions for annulment of legal acts for fraud, concluded under the new Civil Code DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

  Liliana Palihovici (Author)

• Claim for simulation. Objection of the lack of interest DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

  Monica Cocor (Author)

• Prosecutor’s participation in the civil trial. Prosecutor’s removal from the trial upon parties’ request. Nullity of the decision. DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

  Maricel Nechita (Author)

• Claim for correction of the Land Book. Conflict of competence. The competence of the district court where the property is seated DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

  Liliana Palihovici (Author)

• Negative conflict of competence occurred between the district court where the debtor’s domicile is seated and the district court where the office of the judicial executor is seated who operated the enforcement in a claim for validation of garnishment. DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

  Maria-Cristina Popa (Author)

• Negative conflict of competence between a district court and a tribunal, in a claim for prohibition to buy and sell products of a specific brand, material harm, ordering to report the current stock of Brand goods and the sale price. DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

  Maria-Cristina Popa (Author)

• Trial costs requested by separate claim, after the final resolution of the original litigation. The material power to solve the claim DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

  Alina Gianina Prelipcean (Author)

• The date wherefrom the delay penalties start for the material indemnification granted by the mandatory civil liability insurer for car owners. The culpable attitude of the insurance company in managing the damage file DREPTUL AFACERILOR

  Daniela Șerban Brîndușa (Author)

• The legal nature of the liability of the manager of a public institution subordinated to the local council for the damage caused by the defective fulfillment of the duties of tertiary authorizing officer. DREPTUL AFACERILOR

  Maria Andrieș (Author)

• Relative effect and mandatory power of the subsequent agreements, of interpretation of the modality of application of the clauses of a contract. The validity of the form agreed by the partie DREPTUL AFACERILOR

  Oana Surdu (Author)

• Claim for restitution of the value of the property subject to a patrimonial transfer annulled. Invoking objections on the ownership right over the property. DREPTUL AFACERILOR

  Ana Maria Turculeţ (Author)

• Claim for annulment of fraudulent acts concluded by debtor to the damage of creditors DREPTUL AFACERILOR

  Monica Cocor (Author)

• Forced enforcement of the current receivables during the reorganization period. The power to solve the objection to the forced enforcement DREPTUL AFACERILOR

  Daniela Șerban Brîndușa (Author)

• Claim for payment filed by creditor pursuant to Art. 102 para. (6) of Law 85/2014. The budgetary receivable referring to debtor’s activity before the initiation of the insolvency procedure. A receivable prior to the initiation of the insolvency procedure DREPTUL AFACERILOR

  Claudia-Antoanela Susanu (Author)

• Insolvency. Objection against the decision of the creditors’ meeting. Voting the reorganization plan. The presumption of the positive vote of the category of undisfavored receivables. Effects of the fiducia contract in the insolvency procedure. DREPTUL AFACERILOR

  Dorina Nastasi (Author)

• Objection to the preliminary list, filed for debtor by the special receiver pursuant to Art. 56 letter b) of Law 85/2014. The death of the special receiver, who is also the sole shareholder of debtor, after filing the objection against the preliminary DREPTUL AFACERILOR

  Maria-Cristina Popa (Author)

• Claim for registration of receivable filed by a non-paying guarantor for the entire receivable from the loan contract admitted as such by the judicial liquidator. Objection to the preliminary list filed by the bank against recording on the preliminary DREPTUL AFACERILOR

  Maria-Cristina Popa (Author)

• Absolute nullity of the subsequent preliminary list of receivables DREPTUL AFACERILOR

  Gabriela Rață (Author)

• The insolvency procedure. Claim for tort civil liability against the judicial receiver based on the regulation set in the Civil Code, whereas the latter had ceased the capacity granted by Law 85/2014, and the insolvency procedure had ceased DREPTUL AFACERILOR

  Cătălin Temneanu (Author)

• Annulment of the administrative act. Annulment of authorization and withdrawal of the gun permit. Period of validity of the gun permit changed due to deterioration. The beginning of the calculation of the period of validity. P DREPT ADMINISTRATIV

  Mădălina Cioară (Author)

• Policeman’s disciplinary liability. The measure of “warning” set forth by Art. 581 of the Policeman’s Statutes DREPT ADMINISTRATIV

  Irina Alexandra Ghergheșanu (Author)

• The denial of the town planning certificate for the purpose of building surplus floors to the existing immovable property. The possibility to set a +4 Land Use Ratio solely via the General Town Plan. DREPT ADMINISTRATIV

  Irina Alexandra Ghergheșanu (Author)

• Decision of the bar association council to exclude from the lawyer profession. The majority requested by the law and the meaning of the abstention from vote DREPT ADMINISTRATIV

  Alina Gianina Prelipcean (Author)

• Judicial annulment of the decision of exclusion from the party. Effects of the prefect’s order of legal termination of the mandate of the local counselor. Reinstatement of the previous situation DREPT ADMINISTRATIV

  Marius Galan (Author)

• The legal nature of the act of exclusion from the party. Jurisdiction of the administrative court to rule on the legality of the decision to exclude from the party – formulated as a defense on the merits DREPT ADMINISTRATIV

  Doina Popescu (Author)

• The public procurement procedure with joint resources – requirements. The risk of transmission of the offer. Extended electronic signature – sanction for lack of capacity as representative DREPT ADMINISTRATIV

  Kalinca Topalea (Author)

• The fiscal interest owed to the taxpayer for amounts paid in surplus as tax. The date of reference for the calculation. Extinction of the fiscal obligations by way of setoff DREPT ADMINISTRATIV

  Mădălina Cioară (Author)

• Bonus of relocation granted by AJOFM. Suspension of the right to the relocation bonus during the parental leave. Illegality. Cumulation of the relocation bonus and the child raising indemnity DREPT ADMINISTRATIV

  Mădălina Cioară (Author)

• VAT. Art. 11 para. (12) of the Fiscal Code (Law 571/2003). Purchase of goods from a taxable person declared inactive. Condition for VAT discount for the goods purchased. Denial of deduction. Inapplicability of the CJEU case C-101/16 SC Paper Consult DREPT ADMINISTRATIV

  Remus Sas (Author)

• The compliance with the principle of the direct effect of the European Directives, by reference to the domestic law DREPT ADMINISTRATIV

  Gabriel Florariu (Author)

• Claim for revision filed pursuant to Art. 21 para. (2) of Law 554/2004 – breach of the principle of priority of the community law, set forth by Art. 148 para. (2), in conjunction with Art. 20 para. (2) of the Constitution of Romanian. DREPT ADMINISTRATIV

  Alina Neculai (Author)

• Salary rights, occupational family “Administration”. The increment for dangerous or harmful situations set forth in Art. 1 of Annex VIII Chapter I letter B of Law 153/2017. DREPTUL MUNCII ȘI SECURITĂȚII SOCIALE

  Cristina Radu (Author)

• Payment of increment for the hours worked on Saturday, Sunday and legal holidays: the possibility to cumulate these increments with the increment provided by the labor legislation or by the collective labor agreements at unit level for overtime DREPTUL MUNCII ȘI SECURITĂȚII SOCIALE

  Laura Elisabet Vasile (Author)

• The decision of disciplinary sanction; the restrictive nature of the provisions of Art. 251 and Art. 252 para. (2) letter b) of the Labor Code – legal effects; criteria to determine the lawfulness of establishing the disciplinary investigation committee DREPTUL MUNCII ȘI SECURITĂȚII SOCIALE

  Elena-Crizantema Panainte (Author)

• The proof that the legal or contractual norms were breached and the guilt of the employee as items of the disciplinary infringement. The harmful result and the presumed causal link DREPTUL MUNCII ȘI SECURITĂȚII SOCIALE

  Gheorghina Coșman (Author)

• Temporary prohibition to dismiss during during the temporary incapacity for work, duly confirmed by medical certificate; the date of reference of the legal prohibition – the date of issuance of the disciplinary sanction decision or the date of service DREPTUL MUNCII ȘI SECURITĂȚII SOCIALE

  Elena-Crizantema Panainte (Author)

• False identity. The disincrimination of an action from the criminal antecedents. Nature of plural offences DREPT PENAL ȘI DREPT PROCESUAL PENAL

  Alexandra Cristina Cojocaru-Roșu (Author)

• The offence of driving a vehicle under the influence of alcohol or other substances. The type-related condition DREPT PENAL ȘI DREPT PROCESUAL PENAL

  Anda Crișu Ciocîntă (Author)

• Driving a vehicle under the influence of alcohol. The impossibility to carry out the medical-legal expertise of the retroactive calculation of the blood alcohol content. Inapplicability in this case of “in dubio pro reo” principle DREPT PENAL ŞI DREPT PROCESUAL PENAL

  Maria-Gabriela Stănculeanu (Author)

• A traffic accident ended with the victim’s death, committed with intent. Legal classification of the actions. The existence and limits of the civil liability of BAAR, since the vehicle involved in the accident did not have a mandatory civil liability i DREPT PENAL ŞI DREPT PROCESUAL PENAL

  Tatiana Luisa Andronic (Author)

• Denial of the claim for extradition. Lack of double incrimination. The coexistence of two legal instruments in extradition, one with universal vocation, i.e. the European Convention of Extradition from Paris of 1957 and an inter-state one DREPT PENAL ŞI DREPT PROCESUAL PENAL

  Diana-Mihaela Cheptene-Micu (Author)

• The insurer’s civil liability in the criminal trial. Applicability of the Norm of the Financial Supervision Authority no. 23/2014. Consequences DREPT PENAL ŞI DREPT PROCESUAL PENAL

  Adrian Aparaschivei (Author)

• Criminal participation as complicity. Lack of criminal decision of the accomplice to commit the robbery. Legal classification. The application of complementary and ancillary punishments by reference to the case circumstances DREPT PENAL ŞI DREPT PROCESUAL PENAL

  Titiana Ilieș (Author)

• The date when the continued crime was committed. A new offence committed by the accused after conditional release and not found during the supervision term. Postconviction recidivism. Sanctions DREPT PENAL ŞI DREPT PROCESUAL PENAL

  Maria-Gabriela Stănculeanu (Author)

• Recalculation of the punishment for the continued offence during trial DREPT PENAL ŞI DREPT PROCESUAL PENAL

  Laurențiu-Marius Hetriuc (Author)

• Error on the extra-criminal regulation DREPT PENAL ŞI DREPT PROCESUAL PENAL

  Adrian Chiriac (Author)

• Modification of the content of the obligation to provide unpaid work for the community. The possibility of the probation officer to set a flexible program DREPT PENAL ŞI DREPT PROCESUAL PENAL

  Adrian Chiriac (Author)

• Denial of recognition of the foreign criminal decision of conviction and transfer of the convicted person. Failure to meet the mandatory condition provided by art. 3 letter c) of the European Convention on the Transfer of Sentenced Persons DREPT PENAL ŞI DREPT PROCESUAL PENAL

  Diana-Mihaela Cheptene-Micu (Author)

• Person convicted in absence. Optional ground for denial of enforcement of the European arrest mandate issued for serving a punishment DREPT PENAL ŞI DREPT PROCESUAL PENAL

  Alexandra-Cristina Cojocaru-Roșu (Author)

• The standard of evidence in support of a conviction. Presumption of innocence. Evaluation of evidence DREPT PENAL ŞI DREPT PROCESUAL PENAL

  Andreea-Nicoleta Trifan (Author)

• The court holding the illegality of one or several pieces of evidence of the criminal prosecution file. The denial, on this ground, of the agreement of recognition of guilt. Appeal filed by a person in interest. Inadmissibility DREPT PENAL ŞI DREPT PROCESUAL PENAL

  Viorica Calancea (Author)

• Claim for reopening the criminal trial. Invoking the breach of the provisions of Art. 105 of the Criminal Procedure Code. Hearing the accused in the presence of a person speaking the foreign language without official capacity as sworn interpreter/trans DREPT PENAL ŞI DREPT PROCESUAL PENAL

  Gina Ionela Crăciun (Author)

• Interruption of service of punishment for medical reasons DREPT PENAL ŞI DREPT PROCESUAL PENAL

  Alexandra-Cristina Cojocaru-Roșu (Author)

• The limits of extension of the effects of the appeal. Consequences on the modality of individualization of the punishment by fulfilment of the condition on the consent to provide unremunerated work for the benefit of the community before the court of a DREPT PENAL ŞI DREPT PROCESUAL PENAL

  Mihaela Bivol (Author)

• The case of objection to enforcement provided by Art. 598 para. (1) letter c) tenet II of the New Criminal Procedure Code. The final nature of the prevention to enforcement-a requirement for the admissibility of the claim for objection DREPT PENAL ŞI DREPT PROCESUAL PENAL

  Anda Crișu Ciocîntă (Author)

• Applicability of the General Regulation concerning data protection in the courts of law DEZBATERI RRDJ

  Cristinel Grosu (Author)

• The impact of the provisions on the Justice Field of Decree 195/2020 to establish the state of urgency, i.e. Decree 240/2020 to extend the state of urgency on the terms of procedural loss of rights in civil matters. Grounds on the expiration term DEZBATERI RRDJ

  Cristina Radu (Author)

• The limits of absolute incompatibility after quashing with referral for retrial under the changes made by Law 310/2018 DEZBATERI RRDJ

  Anca Cazacu (Author)

• The substitution of the decision grounds by the judicial review court. The limitations of this action. Practical consequences of the non reformatio in pejus principle. DEZBATERI RRDJ

  Oana Surdu (Author)

• Annual paid leave in the event of cumulation of individual employment contracts of the public employee DEZBATERI RRDJ

  Elena Panainte Crizantema (Author)

• The notion of professional and the practical implications regarding the material procedural competence of the specialized divisions / panels DEZBATERI RRDJ

  Maria Andrieș (Author)

• The claim of receivable. Creditor entitled to attend the procedure. Theoretical delimitations and practical issues DEZBATERI RRDJ

  Claudia-Antoanela Susanu (Author)

• Aspects concerning the fiscal deductibility of expenses made by a lawyer in the independent activity carried out DEZBATERI RRDJ

  Alina Gianina Prelipcean (Author)

• Brief considerations upon the abuse of procedural law in criminal matters DEZBATERI RRDJ

  Iulia Gabriela Lulciuc (Author)

• Particularities of the procedure of passive extradition in case of applicants for asylum DEZBATERI RRDJ

  Diana-Mihaela Cheptene-Micu (Author)