No. 3 (2021): Revista Română de Jurisprudență

Articole

• Reduction of excessive gifts. Main statement of claim in the absence of claims relating to the succession proceedings. Determination of the estate DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

  Mihaela Cristina Mocanu (Author)

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• Nullity of sale contract: immoral cause and fictitious price. Simultaneous analysis of two grounds of nullity of the same contract DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

  Ştefan-Alexandru Toma (Author)

  • PDF (Romanian)

• Moral damages for image damage caused by Facebook posts. The conditions necessary for the training of liability DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

  Alina-Gabriela Jurubiţă (Author)

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• Limits of freedom of expression in the case of politicians - entrepreneurs. The disproportionate nature of the court's interference with the respondents' freedom of expression DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

  Ştefan-Alexandru Toma (Author)

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• Civil liability. Charge made on Facebook social network of a doctor for commiting an offense of bribery DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

  Ştefan-Alexandru Toma (Author)

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• Appeal against the mayor's order issued on the basis of Law no. 10/2001. Misclassification of the subject-matter of the requesting for land in compensation as a modification of the action. Inapplicability of the valuation under successive amendments to Ar DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

  Geta-Cristina Ghernaja (Author)

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• Proof of title under Law 10/2001. Application of the presumption of wrongful taking DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

  Mihaela Ganea (Author)

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• The effects of the court decision to stay enforcement against one of the joint debtors. Mechanism of application, according to Articles 1.052-1.053 of the Civil Code of 1864, of the relationship of joint and several liability that exists between joint and DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

  Geta-Cristina Ghernaja (Author)

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• Debtor's husband appeals against enforcement. Limitation of the analysis of the grounds of appeal in relation to the status of the appellant and the infringements which caused him damage. Lack of interest in invoking the harm for the debtor's spouse, who DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

  Geta-Cristina Ghernaja (Author)

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• Conflict of jurisdiction. Relationship between the time limit for verification of jurisdiction and the time limit for amending the statement of claim DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

  Sandu Gabriel Lefter (Author)

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• Trial costs incurred in criminal proceedings. Requesting them in civil proceedings DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

  Mihaela Ganea (Author)

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• Inadmissibility of the second appeal in disputes concerning compulsory and perpetual co-ownership DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

  Alina-Gabriela Jurubiţă (Author)

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• Grounds for second appeal relied on omisso medio concerning the active role of the court DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

  Alina-Gabriela Jurubiţă (Author)

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• The decision to suspend the employment relationship for unjustified absences. The employee's initiative DREPTUL MUNCII ŞI ASIGURĂRILOR SOCIALE

  Alina-Gabriela Jurubiţă (Author)

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• Disciplinary sanction applied to the teacher. Analysis of the decision to impose the sanction in the appeal against the decision of the Disciplinary Board by the court DREPTUL MUNCII ŞI ASIGURĂRILOR SOCIALE

  Mihaela Cristina Mocanu (Author)

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• Request for classification into special working conditions for work carried out under radiological risk III and IV for certain periods of time. Failure to meet conditions. Increment for radiological risk. Existence of previous court rulings DREPTUL MUNCII ŞI ASIGURĂRILOR SOCIALE

  Mihaela Cristina Mocanu (Author)

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• Staff paid from public funds - Occupational family of budget functions 'Health and social work'. The mandatory limits - minimum and maximum - within which the employer, a public institution, is required to set the percentage rate DREPTUL MUNCII ŞI ASIGURĂRILOR SOCIALE

  Iulian Minaev (Author)

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• Awarding of the bonus for working conditions subject to the work actually performed (HIV/AIDS tests) DREPTUL MUNCII ŞI ASIGURĂRILOR SOCIALE

  Alina-Gabriela Jurubiţă (Author)

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• Maternity allowance. Denial. Interpretation of the rules of GEO No 158/2005 DREPTUL MUNCII ŞI ASIGURĂRILOR SOCIALE

  Mihaela Ganea (Author)

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• Joint liability for wrongful termination of a contract, in relation to all persons involved in the decision-making act DREPTUL MUNCII ŞI ASIGURĂRILOR SOCIALE

  Alina-Gabriela Jurubiţă (Author)

  • PDF (Romanian)

• Plea of unlawfulness. Decision of the Court of Auditors on pay in relation to the provisions of the collective labor agreement at the Romanian Naval Authority. Applicable law No 153/2017 DREPTUL MUNCII ŞI ASIGURĂRILOR SOCIALE

  Alina-Gabriela Jurubiţă (Author)

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• Possibility of reducing the amount of the pension following a request for recalculation DREPTUL MUNCII ŞI ASIGURĂRILOR SOCIALE

  Alina-Gabriela Jurubiţă (Author)

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• Administrative disputes. Annulment of decisions on payment claims for area support schemes and of the minutes of the finding of irregularities and establishment of budgetary claims. Priority application of Union law DREPT ADMINISTRATIV ŞI DREPT FISCAL

  Oana Damian (Author)

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• Civil liability of the civil servant under the provisions of Article 499 of GEO no.57/2019 on the Administrative Code, for compensation paid on the basis of a final court decision pronounced on land. DREPT ADMINISTRATIV ŞI DREPT FISCAL

  Ramona Poppa (Author)

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• Method of calculating the salary income for staff of public institutions and/or authorities nominated in project teams financed by non-reimbursable European funds. Application of the threshold laid down in Article 11 para. 4 of Law No 153/2017 DREPT ADMINISTRATIV ŞI DREPT FISCAL

  Francisc Nemeth (Author)

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• Judicial review of a Decision of the General Council of Bucharest. Allegation of discrimination against a category of staff employed in health establishments. The limitation made by the administrative act is not an excess of power DREPT ADMINISTRATIV ŞI DREPT FISCAL

  Ramona Poppa (Author)

  • PDF (Romanian)

• Conflict of jurisdiction. Appeal to enforcement. Civil servant. Obligation to perform, i.e. to issue the classification order for the recalculation of salary rights at the maximum level provided for each title/grade/step and gradation held within the debt DREPT ADMINISTRATIV ŞI DREPT FISCAL

  Augustina Livia Nistor (Author)

  • PDF (Romanian)

• Tax certificate for legal entities regarding local taxes and other local budget revenues. Illegality of the inclusion in the certificate of the mention on the issuance of a criminal decision which abolished the Order issued by the Mayor DREPT ADMINISTRATIV ŞI DREPT FISCAL

  Roxana Bacu, Nemeth Francisc (Author)

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• Tax on income obtained as a result of the conversion of a quantity of cryptocurrencies into ordinary currency, calculated by the tax authority following the preparation by the taxpayer of the Unique Declaration on income tax and social contributions DREPT ADMINISTRATIV ŞI DREPT FISCAL

  Roxana Bacu (Author)

  • PDF (Romanian)

• Annulment of the decision to incur joint tax liability. Burden of proof of bad faith and conditions under which the principle of good faith may be invoked DREPT ADMINISTRATIV ŞI DREPT FISCAL

  Francisc Nemeth (Author)

  • PDF (Romanian)

• Annulment of the tax decision establishing the tax on buildings by recalculating the tax due taking into account the mixed use of the building. Establishing the tax regime. Lack of declaration of building status DREPT ADMINISTRATIV ŞI DREPT FISCAL

  Francisc Nemeth (Author)

  • PDF (Romanian)

• Insolvency proceedings. Appeal against the decision of the creditors' meeting rejected as inadmissible. Change in the composition of the creditors' committee as a result of the amendment of the final consolidated list DREPT SOCIETAR ŞI DREPT MARITIM

  Oana Damian (Author)

  • PDF (Romanian)

• Distribution of funds obtained from the sale of encumbered assets, according to the provisions of Law no. 85/2006. Concept of sale of mortgaged property. DREPT SOCIETAR ŞI DREPT MARITIM

  Ramona Poppa (Author)

  • PDF (Romanian)

• Registration of the mortgage creditor in the preliminary list of claims. The debtor in insolvency is the acquirer of the asset that has been mortgaged to secure several debts of the transferor. Entry on the list with a claim up to the value DREPT SOCIETAR ŞI DREPT MARITIM

  Ramona Poppa (Author)

  • PDF (Romanian)

• Appeal against the supplementary list of claims. Non-insertion in the supplementary list of a claim denied from insertion in the preliminary list DREPT SOCIETAR ŞI DREPT MARITIM

  Adriana Ioana Sincu-Badea (Author)

  • PDF (Romanian)

• Appeal against the measure of the judicial liquidator rejecting the request for reinstatement of the statement of claim and for denial of the statement of claim as late. Delay in lodging the appeal. Appeal against the supplementary list of claims. Non-insertion in the supplementary list of a claim denied from insertion in the preliminary list

  Adriana Ioana Sincu-Badea (Author)

  • PDF (Romanian)

• Request of the judicial liquidator to approve the deduction from the liquidation fund of the amount representing the taking over, processing, storage and administration of documents of the debtor company Appeal against the measure of the judicial liquidator rejecting the request for reinstatement of the statement of claim and for denial of the statement of claim as late. Delay in lodging the appeal.

  Adriana Ioana Sincu-Badea (Author)

  • PDF (Romanian)

• Disputes with professionals. Action for directors' liability against the company. Conditions for liability Appeal against the measure of the judicial liquidator rejecting the request for reinstatement of the statement of claim and for denial of the statement of claim as late. Delay in lodging the appeal.

  Oana Damian (Author)

  • PDF (Romanian)

• Maritime law. Attachment, conditions for establishment. Inadmissibility of the cross-appeal seeking to supplement the enacting terms of the judgment of the first court Appeal against the measure of the judicial liquidator rejecting the request for reinstatement of the statement of claim and for denial of the statement of claim as late. Delay in lodging the appeal.

  Oana Damian (Author)

  • PDF (Romanian)

• Regime of criminal liability of minors in case of multiple offences. Application of educational measures and penalties in the case of concurrent commission of two offences, one of which is committed during minority and one after majority, tried separately DREPT PENAL ŞI DREPT PROCESUAL PENAL

  Ciprian Coadă (Author)

  • PDF (Romanian)

• Leaving the scene of the accident or altering or erasing its traces. Pay off. The offence was not committed with the guilt required by law DREPT PENAL ŞI DREPT PROCESUAL PENAL

  Bogdan Mihai Dumitru (Author)

  • PDF (Romanian)

• Plea agreement. Illegality. Failure of the merits court to order the completion of the information provided for in Article 482 of the Criminal Procedure Code through the procedure governed by Article 484(1) of the Criminal Procedure Code. DREPT PENAL ŞI DREPT PROCESUAL PENAL

  Ciprian Coadă (Author)

  • PDF (Romanian)

• Solutions to the case on appeal. Illegality of the judgment under appeal. Breach of the right to a fair trial. Referral of the case for retrial as a result of the failure to state reasons for the criminal judgment under appeal DREPT PENAL ŞI DREPT PROCESUAL PENAL

  Ciprian Coadă (Author)

  • PDF (Romanian)

• Execution by the Romanian authorities of the European Arrest Warrant. Delayed surrender of the requested person. The possibility for the court referred with the execution of the European Arrest Warrant to order postponement of the surrender of the request DREPT PENAL ŞI DREPT PROCESUAL PENAL

  Miruna Valeria Beşteliu, Ciprian Coadă (Author)

  • PDF (Romanian)

• Application in time of the Decision of the Constitutional Court of Romania no.231/2021, on the finding of unconstitutionality of Article 13 paragraph 5 of GEO no.43/2002 on the National Anticorruption Directorate. DREPT PENAL ŞI DREPT PROCESUAL PENAL

  Ioana Bogdan (Author)

  • PDF (Romanian)

• Transfer of sentenced persons under Article 45 of Law no 254/2013. The situation where the sentenced person alleges violation of the right to be held in custody in a prison as close as possible to home. Application in time of the Decision of the Constitutional Court of Romania no.231/2021, on the finding of unconstitutionality of Article 13 paragraph 5 of GEO no.43/2002 on the National Anticorruption Directorate.

  Lucian Jalbă (Author)

  • PDF (Romanian)

• Change of execution regime according to Art. 40 Law 254/2013 in relation to Art. 91 para. 2, letter b of the Regulation implementing Law 254/2013 approved by GD no. 157/2016. The situation where several custodial sentences are not combined under Art. 585 DREPT PENAL ŞI DREPT PROCESUAL PENAL

  Lucian Jalbă (Author)

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• Change of execution regime under Art. 40 of Law 254/2013 in relation to Art. 91, para. 2, letter b of the Regulation implementing Law 254/2013 approved by GD no. 157/2016. The notion of a new custodial sentence. DREPT PENAL ŞI DREPT PROCESUAL PENAL

  Lucian Jalbă (Author)

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• Reflection of the unlawful composition of the trial panel in criminal procedural matters in the practice of national courts and the jurisprudence of the Constitutional Court of Romania DEZBATERI

  Ciprian Coadă (Author)

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• Situation of secured claims in insolvency proceedings. Case law aspects DEZBATERI

  Camelia Trifanov (Author)

  • PDF (Romanian)

• Summons of the legal person in the event of a de facto change of registered office DEZBATERI

  Ştefan-Alexandru Toma (Author)

  • PDF (Romanian)

• Brief considerations on summoning by public notice in enforcement DEZBATERI

  Gelu Iulian Grasu (Author)

  • PDF (Romanian)

• Cybercrime - operational and legal requirements to prevent this criminal phenomenon DEZBATERI

  Denis Gabriela Ghervase (Author)

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• International cooperation in the fight against cybercrime DEZBATERI

  Lucian Lică (Author)

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• The interdict between social perception and protection of the law DEZBATERI

  Roxana Elena Topor (Author)

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