• Lex et Scientia International Journal

Universitatea Nicolae Titulescu
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In the year 1996 the Nicolae Titulescu University had the initiative of valorizing the materials presented in the annual communication sessions by publishing them into a volume that would follow the periodicity of such manifestations. Therefore, the first issue of the publication Informative Bulletin appeared in 1996. In 1998 the name of the publication was changed into 'Lex ET Scientia', headline under which it continued to appear on a yearly basis, except for year 1998, when three issues were published. Until year 2000 the publication appeared in a volume upon ISBN code; since 2001 until the present moment it has become of periodical regime, upon ISSN 1583-039x. The periodical is focused on sciences in the social-humanist and economic field: economy, law, administration, sociology.

Latest documents

  • Beating banks through knowledge

    In Romania, in the last decade, a significant number of solutions favorable to consumers with foreign currency denominated loans were obtained in courts against the banks or non-bank financial institutions. The judges noted the unfairness of the contractual terms inserted in the loans agreement and absolute nullity of these clauses. Also, in the context of the global economic and financial crisis triggered by the collapse of the banking system with the consequence of depreciation and/or sudden and high fluctuation of domestic currencies against the “safe-haven currencies”, the theory of unpredictability becomes a particularly important institution. This paper deals with the concepts of „abusive clauses”, „unfair commercial practices” and „providing untruthful information to consumers to...

  • Practical aspects regarding the claim for the annulment of the resolutions of the general meeting of shareholders, from a substantial and procedural perspective

    The purpose of this paper is to provide a brief analysis of the legal framework regarding the procedural and substantial dispositions governing the claim for the annulment of the resolutions of the general meeting of shareholders. The main objective is to render a practical tool both to stakeholders and third parties who are interested in the legal means available for blocking the implementation of any measures which are contrary to the company’s interest. Further to the amendments brought through the New Civil Procedural Code, the claim for annulment of the resolutions of the general assembly must be analyzed from a procedural point of view, as well as from a substantial standpoint. The shareholders must be aware of the grounds for challenging a general assembly's resolution to properl...

  • Characteristics of the cargo insurance contract in case of international land transport

    Cargo international transport is an engine for the development of the economic relations between states involving cross-border movement of goods through the crossing of at least one border of a state (international transport) or by crossing at least two border crossing points, in which case we are in the presence of an international cargo transit. During the transit the goods transported may be subject to an insurance. The object of the cargo insurance is, thus, represented by the goods, the items expressly listed in the insurance policy, within the territorial limits specified in the insurance policy, both during the transport and during the storage, in the latter case, at the express request of the insured and with the acceptance of the insurer. This paper analyzes the characteristics...

  • Issues related to the appearance, evolution, functions and utility of the legal expenses insurance contracts, especially within the European Union's states

    This report aims to provide a concise comparative analysis of the features of legal expenses insurance (also known as insurance for legal protection or LEI), that can be found and have been adopted in several European jurisdictions (France, England and Wales, Germany, Austria, Switzerland, Finland etc), as well as in other law systems (Australia and Japan). We are studying the reasons that led to the implementation of this instrument in each jurisdiction, the evolution of its use and spread and, also, its effect on counteracting the shortcomings of the systems of justice fees and legal aid, resulting in providing access to justice, as a part of the right to a fair trial, as it is guaranteed by art.6 par.1 of the ECHR.

  • Jurisprudential issues concerning the beneficiaries of provisions of article 49 TFEU

    From the interpretation of Article 49 paragraph (1) TFEU it results that restrictions on the freedom of establishment are removed for the purpose to pursue independent activities under conditions of equality with nationals of the Member State of establishment. The beneficiaries of Article 49 TFEU are people moving from the territory of the State of origin (nationals of a Member State) on the territory of another Member State in order to pursue an independent activity, but only under the case-law of the Court of Justice of the European Union; beneficiaries of these rights are also the Member State nationals who obtained qualifications or training in another Member State and then go back to their home state to conduct a business on grounds of that qualification or professional training.

  • Judicial precedent, a law source

    The role awarded to judge varies from one legal system to another. In the Anglo-Saxon legal systems, there is not a self-standing legislative body, so the judge is the one who creates the law; his mission consists in solving a specific case, given the existing judicial precedents; if he cannot find an appropriate rule of law, he has to develop one and to apply it. In the continental system, creation of law is the mission of the legislature, so the creative role of jurisprudence still raises controversy. Evolving under the influence of Roman law, the continental law systems differ from the Anglo-Saxon by: the continuous receiving of Corpus iuris civilis; the tendency to abstraction, leading to the creation of a rational law; the rule of law, with the consequence of blurring the role of j...

  • Public procurement in the light of the new legislative changes

    The package of laws on public procurement and concessions of Romania which entered into force in May 2016 came with many new elements. Therefore, in this study, we aim to present the new conception of the lawmaker towards this subject. Not least, we will analyze the role of the National Council for Solving Complaints in the procedure for the award of public procurement agreements and other elements in what concerns the complaints in the field of public procurement.

  • A brief analysis on brexit's consequences on the CJEU's jurisdiction

    As the United Kingdom of Great Britain and Northern Ireland’s effective withdrawal from the European Union advances, there is a growing interest on what solutions shall be found for the complex legal problems raised by Brexit. The research intends to highlight the main issues relevant for the Court of Justice of the European Union’s jurisdiction, in an effort to better understand the possible consequences on the European Court’s competence to receive, hear and solve cases involving the United Kingdom, as well as on the means to enforce its rulings. The study aims to anticipate and suggest possible approaches to the practical challenges that shall have to be addressed.

  • Human beings trafficking in the European Court of Human Rights case-law

    After last year’s analysis regarding the European Union’s commitment to fight against the human beings trafficking, we have considered to further explore the human beings trafficking approach in the European Court of Human Rights case-law, the most developped regional jurisdiction on human rights. Surprisingly, the European Convention for the Protection of Human Rights and Fundamental Freedoms does not make an express reference to the human beings trafficking. However, we have to bear in mind that the Convention is a living instrument, its interpretation being made in the light of the present-day conditions. Thus, taking into consideration the global threat of this phenomenon, it is more obvious than ever that the Convention could not neglect this issue.

  • Aspects of guilty plea and procedure of guilt admittance, new judicial institutions for a criminal trial of higher quality

    During the broad reform process that has taken place in recent years for the criminal proceeding activity, following the entry into force of the new Criminal Procedure Act on February 1st 2014, there have been changes of some legal institutions from the old Criminal Code, such as the procedure of admitting the deeds the defendant is held responsible for (art 320 from former Code of Criminal procedure) by its provisions in the content of art 374, alignment 4, as it has been modified by Government Emergency Ordinance and introducing new ones, such as the guilty plea (art 478-488) under the circumstances of modifying GEO no. 18/2016 a special procedure meant to insure the judging of causes with celerity. Both procedures have a common component given by the guilt plea from the defendant, ha...

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