• Bulletin of Transilvania University of Brasov. Series VII Social Sciences and Law

Transilvania University of Brasov
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  • The Paulian Action within the Regulatory Context of Law no. 287/2009 concerning the Civil Code

    The term Paulian Action originates in Roman law, where it was a class action carried in the name of all creditors by a curator bonorum, with the effect of obligating the debtor to pay the defrauded creditors an amount equal to the value of the alienated assets. As will be shown, in current legal practice the action is individual and benefits only the creditor who files suit. The term of revocatory action was coined by its main effect, namely of inter partes rescinding of the attacked deeds, which in modern law is considered synonymous to non-opposability.

  • Opposability and Effects of Debt Assignment

    Nowadays, the modern trends and the more frequent use of debt assignment have led, both in comparative law and in the Romanian legislation, to a different approach on the assignment of receivables. We find this approach more fair and more accurate than that in the previous Romanian Civil Code, taking into consideration, on the one hand, the effect of assignment, namely the transfer of a right (the right to receivables) and not of a tangible asset, as well as, in fact, as shown above, debt assignment can be achieved (and could be achieved also under the old civil code) by means of other types of contracts, other than sale contracts, for example by means of donations.

  • New Regulations regarding the Judicial Authorities Deciding on Preventive Detention

    The new Romanian Criminal Procedure Code, ruling from 1st of February 2014, brings a new philosophy regarding the judicial authorities that may order preventive detention within criminal investigation proceedings. The previous regulations simply enumerated the judicial authorities responsible for deciding preventive detention while the new law describes the judicial duties of these authorities, allowing the lawmakers much more flexibility in designating the authorities in charge with preventive detention.

  • Voinescu, S.: Absolute and Relative Nullity of Legal Transactions under the New Civil Code

    This article is aimed at a very detailed approach of the question of nullity of legal deed as provided by the New Civil Code, which brings important new elements in this matter. The research is based on the theoretical considerations of the article writer, who also quotes other writers, on the conclusions derived from the national and european case law on nullity, as well as on the relevant elements of comparative law. Several civil codes have been taken into consideration, firstly the Civil Code of Quebec and have been used as correction source and comparison model for the regulations of the Romanian New Civil Code on the matter of nullity.

  • Corruption Offenses: Elements of Differentiation between the new Penal Code and the old Regulation

    This article aims to make a foray into the matter of corruption offenses, based on the differentiation elements between these offenses as they were regulated in the previous laws and in the new Penal Code. Corruption offenses, stated in the first chapter of the fifth title were elaborated considering the regulation of these facts in the previous Penal Code and the regulations of Law no 78/2000 for the prevention, discovery and sanctioning of corruption facts; also, the fact of aligning our national law with that of other European states such as the German Penal Code, the Finish Penal Code, the Swedish Penal Code, was considered. Corruption is one of the most serious threats for the state of law in contemporary society, undermining institutions and democratic values.

  • Sociality and Medicalization of Ageing

    Our everyday health is a key element for analysing individual life courses, well-being and malaise, social rights and the system of social and gender inequalities. The race for improving performances, on coming of the of old age, sometimes turns well-being and malaise into the two faces of the same medal first in a diachronic and then in a synchronic perspective. The aim of our research is to pinpoint, through a quantitative and qualitative methodology, when, where and why people request invasive or/ and noninvasive medical help in order to improve their relationships. Such a perception springs from a structured and consolidated awareness of own sensibilities. The body contributes to the emergence of these dynamics. We may then assert that one of the motivations pushing individuals to t...

  • The Jurisdiction of Private International Law Regarding the Claims of Immovable Property

    The analytical presentation of international legal rules and issues raised in relation to the casuistry presented, proved to be the essence of a study that addresses the jurisdiction of private international law in matters relating to premises’ applications. The legal interpretation developed both in the reports o the Brussels and Lugano Conventions and the Court of Justice of the European Union (hereinafter, ECJ), through a long and constant jurisprudence, has generated enforcement incidents in this matter and established the scope of the intrinsic nature of concepts such as: property, real right (in rem), property action on real estate.

  • The Expansion of Patients' Rights in Europe: A New Perspective for Healthcare Abroad

    This article aims to reflect on the enlargement of patients’ rights in Europe and the future effects of the application of the provisions of EU Directive 2011/24 on cross-border healthcare. These new rules, in fact, if properly implemented, could contribute to a more responsible management of health care, to counter the inefficiency of the health facilities, to contain the phenomenon of waiting lists and to allow a more concrete freedom of care. But they can fully achieve their goal only if really allowing all patients (regardless of income level, social standing, etc.) to be able to enjoy their effects.

  • Succession Problems in the Context of the New Civil Code and in International Private Law Relations

    This study provides an overview of the main succession-law institutions, as they were regulated by the coming into force of the new Civil Code, of the international private law relations in terms of succession. It also highlights the tendency of European Union legislation in this area, given the international and cross-border successions, which raise numerous lawapplication and qualification problems, inclusively the recent adoption of the European Parliament and European Council Regulation, no .650/2012 from July 4th, 2012, on the jurisdiction, applicable law, recognition and execution of authentic decisions and acts in terms of succession, as well as the creation of the European Certificate of Successor.

  • The Social Work Supervisor: Skills, Roles, Responsibilities

    The paper presents theoretical aspects concerning the supervisor's competences, skills, roles and responsibilities, as well as practical aspects, based on the supervisory work involving two groups of social workers in Bihor County. Apart from a well-grounded theoretical and practical training and experience held by the supervisor, supervision also requires additional skills. The supervisor's ability to spot and solve problems, to facilitate reflection and encourage expression, the capacity to respond rationally, but also emotionally to the supervisee, a positive and supportive attitude, are only some of the qualities required of a good supervisor.

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