No. 4 (2021): Revista Română de Jurisprudență

Published: 2023-12-15

Articole

Compensation paid to tenants for the apartment purchased under Law No 112/1995 and subsequently recovered by the State following the dissolution of the sale-purchase contract. Application of the provisions of the EDO Convention and the case law of the EDO DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Daniel Ioan Herman (Author)
- PDF (Romanian)
Relocation request. Consequences on the procedural documents performed in the file whose relocation was admitted DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Mădălina JEBELEAN (Author)
- PDF (Romanian)
Contradiction between the recitals and the enacting terms of the judgment. The effect of the ground for annulment provided for in Article 488(1), para. 6 pf the Civil Procedure Code DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Daniel Ioan Herman (Author)
- PDF (Romanian)
Leaving the division. Waiver of right. Material error correction. Appeal DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Mădălina JEBELEAN (Author)
- PDF (Romanian)
Court’s denial of the parties' agreement concluded in a Member State of the European Union DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Daniel Ioan Herman (Author)
- PDF (Romanian)
Concurrence between the debtor's claim and the creditor's request for the appointment of a specific insolvency practitioner as insolvency judicial receiver/liquidator DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

Ştefan Ioan Lucaciuc (Author)
- PDF (Romanian)
Appeal to the final list. Impossibility of relying on grounds existing and known at the time of lodging the appeal against the preliminary list DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

Anca Cristina Buta (Author)
- PDF (Romanian)
Contract concluded beyond the scope of current activities. Lack of authorization of the judicial receiver. Nullity DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

Anca Cristina Buta (Author)
- PDF (Romanian)
Enforcement initiated under Article 2663 of the Code of Tax Procedure. Debtor in insolvency. Appeal to enforcement. Competence regulator DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

Oana Niculescu (Author)
- PDF (Romanian)
Allowance payable to a company director. Suspension of the limitation period provided for in Article 2.532(3) of the Civil Code. Inapplicability DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

Oana Niculescu (Author)
- PDF (Romanian)
Law no. 77/2016 regarding datio in solutum. Mortgage consented to by individuals associated with the legal entity that took out the bank loan. Lack of consumer status of the individual plaintiffs DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

Ştefan Ioan Lucaciuc (Author)
- PDF (Romanian)
Late payment penalty. Criterion for determining excessiveness DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

Ştefan Ioan Lucaciuc (Author)
- PDF (Romanian)
General insolvency proceeding. Bankruptcy. Possibility of provisional appointment of another insolvency practitioner as liquidator than the one who previously held the position of liquidator DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

Ştefan Ioan Lucaciuc (Author)
- PDF (Romanian)
Insolvency proceedings initiated under Law No 85/2006. The distribution of the amount obtained from the sale of an asset representing the collateral of a secured creditor. Creation of provisions. Validity and cosnequences DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

Ştefan Ioan Lucaciuc (Author)
- PDF (Romanian)
Public procurement. Complaint against CNSC decision. Territorial jurisdiction. Calculation of the time limit to file the complaint. Motion to stay the proceedings moot DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

Ruxandra Codrea (Author)
- PDF (Romanian)
The transfer of the use of goods by means of a commodatum contract, concluded by the individual (PF) as the lessor and the authorised individual (PFA) as lessee. Identical PF and PFA. DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

Maria Cornelia Dascalu (Author)
- PDF (Romanian)
Request for clarification of the enacting terms. The extent of the compensation equal to the indexed, increased and updated salary and other rights which the civil servant would have enjoyed from the date of termination of service until reinstatement. Ina DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

Ruxandra Codrea (Author)
- PDF (Romanian)
Substantive and formal conditions concerning the conclusion of the sponsorship contract and the beneficiaries of the sponsorship, subject to the provisions of Law no. 32/1994. Analysis of the incidence of the hypothesis covered by the provisions of Articl DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

Diana Pătraşcu-Duma (Author)
- PDF (Romanian)
Secondment from the territory of Romania for the provision of transnational services. Reclassification by the tax authority of amounts paid to employees as per diem/delegation allowance. Analysis of the well-founded case in solving the motion for suspensi DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

Maria Cornelia Dascălu (Author)
- PDF (Romanian)
Entitlement of a person who has become a trainee lawyer in 2020 to the allowance referred to in Article XV(1)ind. 1 of GEO no. 30/2020 for amending and supplementing some normative acts, as well as for setting some measures DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

Diana Pătraşcu-Duma (Author)
- PDF (Romanian)
Magistrate’s pension update. Concurrent issue of several pension updating decisions in relation to the sequence of recalculations of the plaintiff's pension. Continuation of the employment relationship after the retirement decision has been issued DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

Alina-Ştefania Rotuna (Author)
- PDF (Romanian)
Application of the transitional rules of GEO 57/2019 in the case of reinstatement of the employee following the enforcement of a court decision annulling the disciplinary dismissal decision. DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

Camelia Lucaciuc (Author)
- PDF (Romanian)
Pension rights for forestry staff. The use of periods during which forestry staff have worked in places of work with special conditions under Article 20(2) – (4) of GEO no. 59/2000 DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

Alina-Ştefania Rotuna (Author)
- PDF (Romanian)
Salary entitlements claimed by staff of the Timis Sanitary Veterinary and Food Safety Directorate. Legality of the limitation of the bonus for particularly dangerous conditions. DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

Alina-Ştefania Rotuna (Author)
- PDF (Romanian)
Automatic termination of the individual employment contract on the date of cumulative fulfilment of the standard age conditions and the minimum contribution period for retirement. Distinctions in the application of Art. 56 para. (1) letter c) and Art. 56 DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

Camelia Lucaciuc (Author)
- PDF (Romanian)
Specific legal regime of the agency contract. Delimitation from the individual employment contract. The pecuniary component specific to the agency contract DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

Alina-Ştefania Rotuna (Author)
- PDF (Romanian)
Material and moral damage caused to the insured person by the unlawful act consisting in the issuing of the pension review decision, consecutive to the issuing of the debt recovery decision. Establishment of the illegality of these decisions by final judg DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

Camelia Lucaciuc (Author)
- PDF (Romanian)
Acquittal of the defendant in the prosecution's appeal following a finding of probable cause DREPT PENAL ŞI DREPT PROCESUAL PENAL

Ioan Nemeş (Author)
- PDF (Romanian)
Subsidiary/special nature of the offence of abuse of office in relation to other offences DREPT PENAL ŞI DREPT PROCESUAL PENAL

Codrina Iosana Martin (Author)
- PDF (Romanian)
The offence of tax evasion provided for in Article 9 para. (1) (a) of Law no. 241/2005 on combating tax evasion. The typical elements of the offence are met where the material element consisting in the act of concealing property or the taxable or chargeab DREPT PENAL ŞI DREPT PROCESUAL PENAL

Ioan Nemeş (Author)
- PDF (Romanian)
The existence of the typical elements of the offence referred to in Article 334(4) of the Criminal Code in the case of driving on public roads a vehicle registered in another State which does not have the right to be present in traffic in Romania DREPT PENAL ŞI DREPT PROCESUAL PENAL

Codrina Iosana Martin (Author)
- PDF (Romanian)
Extension of the right to be present in traffic under the provisions of Art. 111 para. (6) of GEO no. 195/2002, in the case of retention of the driving license in which the replacement proof is issued without the right to be present in traffic DREPT PENAL ŞI DREPT PROCESUAL PENAL

Codrina Iosana Martin (Author)
- PDF (Romanian)
Communication of administrative tax acts under the current rules DEZBATERI

Ruxandra Codrea (Author)
- PDF (Romanian)
Consequences of the application of the principle of subsidiary liability of employees as regards the limitation period of the employer's substantive right of action DEZBATERI

Alina Ştefania Rotuna (Author)
- PDF (Romanian)
Theoretical and practical considerations regarding cash compensation for untaken holiday leave DEZBATERI

Carmen Pârvulescu (Author)
- PDF (Romanian)
Standard international trade usages. INCOTERMS – 2021 Rules DEZBATERI

Marian Bratiş (Author)
- PDF (Romanian)
Brief considerations regarding the situation of exclusion of economic operators from public procurement procedures governed by the hypothesis provided for in Article 167 para. (1) letter c) of Law no. 98/2016. The notion of „severe work misconduct”. Compe DEZBATERI

Diana Duma-Pătraşcu (Author)
- PDF (Romanian)

No. 4 (2021): Revista Română de Jurisprudență

Articole

Compensation paid to tenants for the apartment purchased under Law No 112/1995 and subsequently recovered by the State following the dissolution of the sale-purchase contract. Application of the provisions of the EDO Convention and the case law of the EDO DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Relocation request. Consequences on the procedural documents performed in the file whose relocation was admitted DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Contradiction between the recitals and the enacting terms of the judgment. The effect of the ground for annulment provided for in Article 488(1), para. 6 pf the Civil Procedure Code DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Leaving the division. Waiver of right. Material error correction. Appeal DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Court’s denial of the parties' agreement concluded in a Member State of the European Union DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Concurrence between the debtor's claim and the creditor's request for the appointment of a specific insolvency practitioner as insolvency judicial receiver/liquidator DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

Appeal to the final list. Impossibility of relying on grounds existing and known at the time of lodging the appeal against the preliminary list DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

Contract concluded beyond the scope of current activities. Lack of authorization of the judicial receiver. Nullity DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

Enforcement initiated under Article 2663 of the Code of Tax Procedure. Debtor in insolvency. Appeal to enforcement. Competence regulator DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

Allowance payable to a company director. Suspension of the limitation period provided for in Article 2.532(3) of the Civil Code. Inapplicability DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

Law no. 77/2016 regarding datio in solutum. Mortgage consented to by individuals associated with the legal entity that took out the bank loan. Lack of consumer status of the individual plaintiffs DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

Late payment penalty. Criterion for determining excessiveness DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

General insolvency proceeding. Bankruptcy. Possibility of provisional appointment of another insolvency practitioner as liquidator than the one who previously held the position of liquidator DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

Insolvency proceedings initiated under Law No 85/2006. The distribution of the amount obtained from the sale of an asset representing the collateral of a secured creditor. Creation of provisions. Validity and cosnequences DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

Public procurement. Complaint against CNSC decision. Territorial jurisdiction. Calculation of the time limit to file the complaint. Motion to stay the proceedings moot DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

The transfer of the use of goods by means of a commodatum contract, concluded by the individual (PF) as the lessor and the authorised individual (PFA) as lessee. Identical PF and PFA. DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

Entitlement of a person who has become a trainee lawyer in 2020 to the allowance referred to in Article XV(1)ind. 1 of GEO no. 30/2020 for amending and supplementing some normative acts, as well as for setting some measures DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

Magistrate’s pension update. Concurrent issue of several pension updating decisions in relation to the sequence of recalculations of the plaintiff's pension. Continuation of the employment relationship after the retirement decision has been issued DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

Application of the transitional rules of GEO 57/2019 in the case of reinstatement of the employee following the enforcement of a court decision annulling the disciplinary dismissal decision. DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

Pension rights for forestry staff. The use of periods during which forestry staff have worked in places of work with special conditions under Article 20(2) – (4) of GEO no. 59/2000 DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

Salary entitlements claimed by staff of the Timis Sanitary Veterinary and Food Safety Directorate. Legality of the limitation of the bonus for particularly dangerous conditions. DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

Automatic termination of the individual employment contract on the date of cumulative fulfilment of the standard age conditions and the minimum contribution period for retirement. Distinctions in the application of Art. 56 para. (1) letter c) and Art. 56 DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

Specific legal regime of the agency contract. Delimitation from the individual employment contract. The pecuniary component specific to the agency contract DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

Material and moral damage caused to the insured person by the unlawful act consisting in the issuing of the pension review decision, consecutive to the issuing of the debt recovery decision. Establishment of the illegality of these decisions by final judg DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

Acquittal of the defendant in the prosecution's appeal following a finding of probable cause DREPT PENAL ŞI DREPT PROCESUAL PENAL

Subsidiary/special nature of the offence of abuse of office in relation to other offences DREPT PENAL ŞI DREPT PROCESUAL PENAL

The offence of tax evasion provided for in Article 9 para. (1) (a) of Law no. 241/2005 on combating tax evasion. The typical elements of the offence are met where the material element consisting in the act of concealing property or the taxable or chargeab DREPT PENAL ŞI DREPT PROCESUAL PENAL

The existence of the typical elements of the offence referred to in Article 334(4) of the Criminal Code in the case of driving on public roads a vehicle registered in another State which does not have the right to be present in traffic in Romania DREPT PENAL ŞI DREPT PROCESUAL PENAL

Extension of the right to be present in traffic under the provisions of Art. 111 para. (6) of GEO no. 195/2002, in the case of retention of the driving license in which the replacement proof is issued without the right to be present in traffic DREPT PENAL ŞI DREPT PROCESUAL PENAL

Communication of administrative tax acts under the current rules DEZBATERI

Consequences of the application of the principle of subsidiary liability of employees as regards the limitation period of the employer's substantive right of action DEZBATERI

Theoretical and practical considerations regarding cash compensation for untaken holiday leave DEZBATERI

Standard international trade usages. INCOTERMS – 2021 Rules DEZBATERI

Brief considerations regarding the situation of exclusion of economic operators from public procurement procedures governed by the hypothesis provided for in Article 167 para. (1) letter c) of Law no. 98/2016. The notion of „severe work misconduct”. Compe DEZBATERI

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